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REGULATIONS OF THE ONLINE STORE

Introduction

This document (also constituting the regulations in accordance with the Act of July 18, 2002 on the provision of services by electronic means), hereinafter referred to as the "Regulations", defines the types and scope of services provided electronically through the Online Store, the rules for concluding sales contracts through the Online Store, the rules for the performance of these contracts, the rights and obligations of the Customer and the Seller, as well as the procedure for withdrawing from the contract and the complaint process.

Contact details of the Seller:

- email address: zuzannajuliasw@gmail.com.

§1. Definitions

Business day- one day from Monday to Friday, excluding public holidays.
Order form- a form available in the Online Store that allows placing an order to purchase a Product.
Customer- a natural person, legal entity, or organizational unit without legal personality, entitled to enter into a contract with the Seller.
Consumer- a natural person performing a legal action with the Seller not directly related to their business or professional activity.
Product- a product that the Customer purchases through the Online Store.
Online Store- the online store available at https://www.zuzannajulia.com/.
Seller- Zuzanna Synoradzka-Wróbel residing at ul. Ligota Wielka 16, 56-400 Oleśnica.
Sales contract- a contract concluded at a distance between the Customer and the Seller through the Online Store, the subject of which is the purchase of the Product.
Service- electronic services provided by the Seller through the Online Store.
Order- the Customer's declaration of will submitted to the Seller aimed directly at concluding a Sales Contract for the Product with the Seller.

§2. General provisions

The Seller undertakes to provide services to the Customer to the extent and under the conditions specified in the Regulations.
The Customer undertakes to use the Online Store in accordance with applicable laws and principles of social coexistence.
The Customer using the Seller's Services is obliged to comply with these Regulations.
The Seller complies with the principles of personal data protection of Customers provided for by the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016, on the protection of individuals in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
The Customer consents to the collection, storage, and processing of personal data by the Seller for the purpose of fulfilling the contract. The detailed conditions for the collection, processing, and protection of personal data by the Seller are defined in the "Privacy Policy" of the Online Store.
Information about the Product available on the Online Store's website constitutes an invitation to conclude a contract within the meaning of Article 71 of the Act of April 23, 1964, the Civil Code.
All prices listed on the Online Store's website are gross prices.
The Seller reserves the right to make changes to the prices of Products available in the Online Store, to introduce new Products, as well as to conduct and cancel promotional actions or to make changes to ongoing promotions. In the case of promotional actions involving a temporary price reduction of the Product, the Seller indicates on the Product page, next to the promotional price, the previous lowest price of the product that was in effect during the 30 days before the promotion was introduced. The scale of the reduction will be determined in relation to the lowest indicated price.
It is prohibited for the Customer to provide unlawful or offensive content. The Customer is obliged to use the Seller's websites in a manner that does not disrupt their functioning, in particular by not using specific software (including malicious software) or devices.
Particular risks associated with using electronic services include the possibility of unauthorized access to data transmitted over the network or stored on computers connected to the network and interference with that data, which may cause, in particular, their loss, unauthorized modification, or inability to use the services offered using the Online Store.

§3. Services and general terms of service provision

1. The Seller provides services electronically through the Online Store by:

a) making content about the offer and Products available on the Online Store's website,

b) enabling the completion of the order form to conclude a sales contract.

2. The services specified in point 1 are provided free of charge.

3. The agreement for the provision of services electronically in the form of enabling the completion of the order form is concluded with the Client for a specified period at the moment they start filling out the form and is terminated upon withdrawal from completing the form or upon sending the completed form to the Seller.

4. Technical requirements necessary to use the services provided by the Seller:

a) a device with access to the Internet,

b) a web browser that supports Cookies,

c) access to electronic mail.

5. The Client bears the charges related to access to the Internet and data transmission according to the tariff of their Internet service provider.

§4. Sales Agreement

The Seller allows placing orders for Products available in the Online Store via the Order Form available in the Online Store 24 hours a day, 7 days a week.
To place an order through the Order Form available on the website, the Client selects a Product available in the Online Store, specifying the quantity they wish to purchase and indicating the characteristics of the ordered Product (if applicable). After selecting the Product (adding the Product to the "cart" through the functionality available in the Online Store), the Client fills out the Order Form providing the necessary data for the Seller to fulfill the order and then confirms the order by clicking the "I buy and pay" button.
Upon receiving the order, the Seller sends the Client an electronic confirmation of the order acceptance to the email address provided during the order placement. Then, after verifying the feasibility of fulfilling the order, the Seller sends the Client a message confirming the order. Upon receiving the confirmation message, the sales agreement is concluded.
The order confirmation message contains the agreed terms of the sales agreement, in particular the quantity and type of the ordered Product, the total price to be paid including delivery costs and the amount of any discounts granted (if applicable).

§5. Order Fulfillment Time and Delivery

The Seller processes orders in the order they are received (taking into account §6 point 3 of these Regulations).
The order fulfillment time includes the preparation, assembly, packaging, and delivery of the Product by the Seller. The order fulfillment time is up to fourteen business days.
Orders placed on a business day after 2:00 PM and on non-working days are treated as placed on the next business day.
If part of an order consisting of several Products is not currently available, the Client is informed by phone or via email and makes a decision on how to fulfill the order (partial fulfillment, extending the waiting time, canceling the entire order or choosing a substitute Product).
In the case of orders consisting of several Products with different availability, to be delivered in one shipment, the order fulfillment time will depend on the date the Seller completes the last Product covered by the order, unless otherwise agreed with the Client.
The order fulfillment time must also include the time for the Product to be delivered to the Client by the carrier according to the delivery method chosen by the Client. Information about delivery methods and costs is available on the Online Store website and is indicated to the Client during the order placement.
Orders are issued for delivery only on business days.
Upon receiving the shipment, the Client should carefully check the condition of the packaging and its contents. In case of any damages or other irregularities, they should prepare a damage report in the presence of the courier and notify the Seller.
In the event of refusal to accept the shipment or inability to deliver it due to reasons attributable to the Client, the Seller has the right to charge the Client for costs incurred in connection with such a situation (e.g., return shipping costs to the Seller or re-shipping to the Client).
If the Seller covers the damage incurred by the Client during the transport of the Product, the claims that the Client has against the carrier, to the extent covered by the Seller, are transferred to the Seller. The transfer of claims to the Seller does not require a separate assignment agreement.

§6. Payment Methods

The Seller allows payments for ordered Products to be made in advance by credit card through the electronic payment system Stripe, operated by Stripe Technology Europe Limited based in Dublin (Ireland), in accordance with the regulations of the Stripe electronic payment system.
The Customer is obliged to make the payment within 3 days from the moment the contract is concluded. In the event of non-payment by the specified deadline, the order may be canceled, and the Seller is entitled to withdraw from the contract.
The Seller proceeds to fulfill the order after receiving information from the electronic payment operator about the successful authorization of the transaction.
Proof of purchase is issued at the explicit request of the Customer and is delivered to the Customer together with the Product or electronically to the email address provided by the Customer during the order process.
In the event that a refund is necessary for a transaction made by the Customer using a credit card, the Seller will process the refund to the bank account linked to the Customer's credit card.

§7. Product Complaints

According to Article 43a and subsequent provisions of the Consumer Rights Act of May 30, 2014, the Seller is responsible to the Customer who is a consumer for the conformity of the Product with the sales contract. The provisions concerning consumers contained in this chapter apply to a natural person entering into a contract directly related to their business activity, when it is clear from the content of the contract that it does not have a professional character for that person, resulting in particular from the subject of the business activity conducted by them, provided under the regulations on the Central Registration and Information on Business.
The Seller is not liable for the lack of conformity of the Product with the contract in the scope referred to in Article 43a, paragraphs 2 or 3 of the Consumer Rights Act of May 30, 2014, if the consumer was clearly informed at the latest at the time of concluding the contract that a specific feature of the Product deviates from the requirements for conformity with the contract specified in Article 43a, paragraphs 2 or 3 of the Act and has explicitly and separately accepted the absence of a specific feature of the Product.
The delivery of the Product in the framework of the rights specified in this paragraph is carried out at the Seller's expense.
The Seller is responsible for the lack of conformity of the Product with the contract existing at the time of its delivery and revealed within two years from that moment, unless the shelf life of the Product, specified by the Seller, its legal predecessors, or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the Product with the contract, which emerged before the expiration of two years from the moment of delivery of the Product, existed at the time of its delivery, unless proven otherwise or this presumption cannot be reconciled with the specificity of the Product or the nature of the lack of conformity of the Product with the contract.
A notification of the Product's non-conformity with the contract should be sent electronically to the address zuzannajuliasw@gmail.com or in writing to the Seller's registered office. The notification can be sent using the form attached as Annex No. 2 to the Regulations.
If the Product is non-conforming to the contract, the consumer may demand its repair or replacement. The Seller may proceed with the replacement when the consumer demands repair or may proceed with the repair when the consumer demands replacement, if bringing the Product into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, they may refuse to bring the Product into conformity with the contract.
If the Product is non-conforming to the contract, the consumer may submit a statement to reduce the price or withdraw from the contract when:

a) The Seller has refused to bring the Product into conformity with the contract;

b) The Seller has not brought the Product into conformity with the contract;

c) The lack of conformity of the Product with the contract persists, despite the Seller's attempts to bring it into conformity with the contract;

d) The lack of conformity of the Product with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior recourse to the possibility of repair or replacement;

e) From the Seller's statement or circumstances, it is clear that they will not bring the Product into conformity with the contract within a reasonable time or without excessive inconvenience to the consumer.

8. The Customer cannot withdraw from the contract if the lack of conformity of the Product with the contract is insignificant.

9. The Seller will refund the amounts due to the consumer as a result of exercising the right to reduce the price immediately, no later than within 14 days from the day of receiving the consumer's statement regarding the price reduction.

10. In the event of withdrawal from the contract, the consumer shall promptly return the Product to the Seller at their expense. The Seller shall refund the consumer the price without delay, no later than 14 days from the date of receipt of the Product or proof of its return. The Seller shall make the refund using the same payment method used by the consumer, unless the consumer has explicitly agreed to a different method of refund that does not incur any costs for them.

11. If necessary for assessing physical defects, the Product should be delivered to: Zuzanna Synoradzka-Wróbel, ul. Słoneczna 52A, 55-095 Długołęka.

12. The Seller responds to the Client's notification within 14 calendar days from the date of its receipt. Failure to consider the notification within the specified time frame is equivalent to its acceptance.

13. The Seller covers the costs of collection, delivery, removal of defects, or exchange of the Product for a new one.

§8. Withdrawal from the sales contract

A Client who is a consumer, in accordance with Article 27 of the Act of May 30, 2014 on consumer rights, has the right to withdraw from a distance contract without providing a reason.
The provisions concerning consumers contained in this chapter apply to a natural person entering into a contract directly related to their business activity, when it follows from the content of this contract that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by them, made available based on the regulations on the Central Register and Information on Economic Activity.
The right to withdraw from the contract is granted within 14 calendar days from the moment the Product is taken into possession by the Client or a third party indicated by them other than the carrier. If the contract covers multiple items that are delivered separately, in batches, or in parts – the deadline runs from the moment of taking possession of the last item, batch, or part.
The Client may withdraw from the contract by submitting a statement on the form constituting Appendix No. 1 to these Regulations, sending it to the Seller's address or electronically to zuzannajuliasw@gmail.com.
To meet the deadline specified in point 3, it is sufficient to send the withdrawal statement before its expiry.
The Seller shall promptly confirm to the Client receipt of the withdrawal statement.
The Seller shall promptly, within no more than 14 calendar days from the date of receipt of the withdrawal statement, refund all payments received from the Client, including the costs of delivering the goods. The Seller makes the refund using the same payment method that the Client used, unless the Client has explicitly agreed to a different method of refund that does not incur any costs for them.
If the Seller has not proposed to collect the Product from the Client, they may withhold the refund of received payments until the Product is returned or the Client provides proof of its return, depending on which event occurs first.
If the Client has chosen a method of delivering the goods other than the cheapest standard method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Buyer.
The Client is obliged to return the item to the Seller or hand it over to a person authorized by the Seller without delay, but no later than within 14 calendar days from the day they withdrew from the contract, unless the Seller proposed to collect the Product themselves. To meet the deadline, it is sufficient to send back the Product before it expires.
The Client bears only the direct costs of returning the Product.
The Product should be delivered to the Seller at the address: Zuzanna Synoradzka-Wróbel, ul. Słoneczna 52A, 55-095 Długołęka.
The Client is obliged to properly secure the Product during transport. The Seller does not accept parcels sent cash on delivery.
In the event of withdrawal from the contract, the consumer is responsible for any reduction in the value of the item resulting from using it in a manner that exceeds what is necessary to ascertain its nature, characteristics, and functioning.
The right to withdraw from the contract does not apply to the Client in relation to contracts specified in Article 38 of the Act of May 30, 2014 on consumer rights, including the contract:

a) in which the subject of the service is a non-prefabricated good made according to the consumer's specifications or serving to satisfy their individual needs;

b) in which the subject of the service is goods that, due to their nature, are inseparably mixed with other goods after delivery.

c) in which the subject of the obligation is goods delivered in sealed packaging, which cannot be returned after the packaging has been opened for health protection or hygiene reasons, if the packaging was opened after delivery.

§9. Complaint procedure for electronic services

In the event of non-performance or improper performance by the Seller of the services provided through the Online Store, the Customer is entitled to submit a complaint electronically to the address zuzannajuliasw@gmail.com.
A properly submitted complaint should include the identification of the Customer (first and last name or company name, residential address or company headquarters address, and email address), the subject of the complaint along with the indication of the period to which the complaint relates, and the circumstances justifying the submission of the complaint.
The complaint is considered by the Seller within 14 calendar days from the date of receipt of the complaint.

§10. Provisions concerning entrepreneurs

The provisions of this paragraph apply only to Customers who are not consumers within the meaning of Article 221 of the Civil Code.
The provisions of this paragraph do not apply to sales contracts if the buyer is a natural person concluding a contract directly related to their business activity, provided that it is clear from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available under the regulations on the Central Registration and Information on Business Activity.
The Seller reserves the right to withdraw from the sales contract at any time as long as the Product has not been delivered to the Customer, a third party acting on behalf of the Customer, or the carrier executing the delivery to the Customer. Withdrawal from the contract by the Seller does not give rise to any claims from the Customer against the Seller.
The Seller reserves the right to limit the payment methods available in the Online Store. The Seller reserves the right to require full or partial prepayment of the order value, regardless of the payment method chosen by the Customer.
Based on Article 558 of the Civil Code, in the case of selling a Product to a Customer who is not a consumer, the Seller's liability under warranty is excluded.
Based on Article 548 §1 of the Civil Code, upon the delivery of the Product by the Seller to the Customer, a third party indicated by the Customer, or the carrier, the benefits and burdens related to the Product, as well as the risk of accidental loss or damage to the Product, pass to the Customer.
The Seller's liability towards the Customer is limited solely to the actual damages incurred by the Customer in connection with the improper performance of the contract by the Seller, with the Seller's liability not exceeding the value of the order placed by the Customer.

§11. Customer content in the Online Store

In the event that the functionalities available in the Online Store allow the Customer to post and share any content (textual, graphic, etc.), the Customer voluntarily disseminates the content. The posted content does not express the Seller's views and should not be identified with its activities. The Seller is not a content provider but merely an entity that provides the necessary IT resources for this purpose.
The Customer declares that:

a) they are entitled to use the content, and its placement and sharing occurred in a legal, voluntary manner and with the consent of the entitled persons;

b) they consent to the published content being accessible to other Customers and the Seller.

3. It is prohibited for Customers to post content:

a) calling for the commission of an illegal act or praising the commission of such an act,

b) insulting the religious feelings of others by desecrating an object of religious veneration or a place used for religious purposes,

c) defaming another person, groups of people, institutions, legal persons, or other entities for actions or properties that may lower them in public opinion or expose them to loss of trust necessary to perform a given profession, activity, or hold a specific position,

d) insulting or slandering others, as well as harming the good name of those persons,

e) promoting or calling for hatred based on race, nationality, ethnicity, religion, or sexual orientation,

f) violating copyright and/or related rights of third parties,

g) having an unlawful character,

h) containing malicious software or used for data phishing,

i) of a promotional, advertising nature, or containing information regarding competitive activities in relation to the Seller,

j) containing personal data of third parties or images of third parties without the required legal permission or consent of the third party.

4. In the event of receiving a notification in accordance with §12 of the Regulations, the Seller reserves the right to modify or remove content posted by Customers, particularly in relation to content which, based on reports from third parties or relevant authorities, has been determined to potentially violate these Regulations or applicable laws. The Seller does not conduct ongoing monitoring of posted content.

5. The Customer consents to the free use by the Seller of the content posted by him on the Store's Website.

§12. Reporting threats or violations of rights

A Customer who considers the content published in the online Store to be illegal or in violation of the terms of the Regulations may send a report regarding this content to the Seller at his email address.
If the report contains the Customer's electronic contact details, the Seller shall promptly send the Customer confirmation of receipt of the report.
The Seller will consider the report and make a decision regarding the content in question within a period of 7 to 21 days, depending on the complexity of the matter.
The Seller shall notify the Customer of the decision made without undue delay. The Seller's decision may involve moderating the content, removing the content, or leaving the content in the online Store.
The Customer may appeal the Seller's decision within 6 months of receiving it. The appeal should contain a comprehensive justification. The Seller will consider appeals within 21 days.
If the Seller obtains any information giving rise to suspicion that a crime threatening the life or safety of a person or persons has been committed, is being committed, or may be committed, he shall immediately inform the law enforcement authorities or judicial authorities of the relevant member state or states and provide all available information on the matter.

§13. Seller's liability

The Seller is not liable for the Customer providing incorrect data (especially by providing incorrect information in forms available on the site) or for the Customer's actions that hinder or prevent the provision and execution of services by the Seller.
The Seller is not liable for the consequences of the Customer using the online Store in a manner inconsistent with the provisions of the Regulations, applicable laws, and the principles of social coexistence or customs.
The Seller reserves the right to suspend or terminate the provision of certain functionalities of the online Store due to the need for maintenance, review, or expansion of the technical infrastructure or software. The suspension or termination of the provision of certain functionalities of the online Store may not violate the rights of the Customer.

§14. Intellectual property

All content posted in the online Store (including graphics, texts, page layouts, and logos), which do not originate from the Customer or other suppliers, are protected by copyright and are the exclusive property of the Seller. Using this content without the Seller's written consent results in civil and criminal liability.
The Customer is obliged to use all content posted on the online Store solely for personal use. Use of the content in any other capacity is permitted only if explicitly indicated by the Seller.
Using the online Store, including the use of text, graphic materials, photographs, applications, databases, or other content, does not mean that the Customer acquires any rights regarding the indicated content, and in particular does not imply the acquisition of proprietary copyright, related rights, or licenses.
The following actions are prohibited without the Seller's express consent:

a) copying, modifying, and electronically transmitting or otherwise transmitting the online Store or parts thereof, as well as individual content made available through it,

b) distributing in any way the content published in the online Store,

c) downloading database content and reusing it in whole or in part.

§15. Final provisions

The Seller reserves the right to amend these Terms and Conditions. The Seller will notify about the change in the Terms on the online store's website at least 14 calendar days before the changes come into effect. The change of the Terms does not apply to Customers who placed an order during the validity of the previous version of the Terms. Changes to the Terms during the duration of a continuous contractual relationship bind the other party if the requirements specified in Article 384 of the Civil Code have been met, and the party has not terminated the contract within the notice period of 14 calendar days.
In other matters not regulated by these Terms, the relevant provisions of Polish law shall apply. If the provisions applicable in the consumer's country are more favorable to him, and these provisions cannot be excluded by agreement, they will apply to the contract concluded through the online store.
The Customer has the option to use out-of-court methods of handling complaints and pursuing claims arising from orders placed in the Store. These include: in the event of a dispute over property rights arising from sales contracts and the provision of services, submitting a request for the case to be examined by the Permanent Consumer Arbitration Court operating at the relevant Provincial Inspectorate of Trade Inspection; submitting a request to the Provincial Inspector of Trade Inspection in Wrocław to take actions aimed at out-of-court resolution of the dispute based on the Act of September 23, 2016, on out-of-court resolution of consumer disputes.
Regardless of point 3, the Customer may seek assistance from the municipal (district) consumer advocate. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at the address www.uokik.gov.pl.
The Customer who is a consumer may also use the electronic method of resolving disputes with the Seller via the ODR platform available at the address http://ec.europa.eu/consumers/odr/.
Disputes arising from the provision of services based on these Terms shall be subject to resolution by:

a) a common court according to the Customer's choice in accordance with the relevant provisions of Polish law, if the Customer is a consumer,

b) a common court competent according to the Seller's registered office, if the Customer is not a consumer.

7. Attachments to the Terms form an integral part thereof.

8. The Terms come into effect on November 5, 2024.