1. PRELIMINARY PROVISIONS
1.1. The online store Porcelana Sklep, available at the internet address ceramika-porcelanaer.com, is operated by Porcelana Sklep ER s.c. Ewa Jankowska, Zyta Jankowska, a company registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy, NIP 9291012980, REGON 970415709.
1.2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online Store, as well as the principles and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
1.3. The administrator of the personal data of Customers collected via the online Store is the Seller.
1.4. The administrator of the personal data processed in the Store in connection with the implementation of these Terms and Conditions is the Seller. Personal data is processed for the purposes, to the extent, and on the basis of the grounds and principles indicated in the privacy policy published on the Store’s website. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator in the Store, including the basis, purposes and scope of personal data processing, as well as the rights of the persons whose data is concerned, and information on the use of cookies and analytical tools in the Store. The use of the Store, including making purchases, is voluntary. Likewise, providing personal data by an Entrepreneur or Customer using the Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
2. DEFINITIONS
2.1. Consumer – a natural person entering into an agreement with the Seller via the Store, where the subject of the agreement is not directly related to their business or professional activity.
2.2. Seller – a natural person conducting business under the company name Porcelana Sklep ER s.c. Ewa Jankowska, Zyta Jankowska, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy, NIP 9291012980, REGON 970415709.
2.3. Customer – any entity making purchases via the Store.
2.4. Entrepreneur – a natural person, legal person, or organizational unit that is not a legal person but is granted legal capacity by a separate act, conducting business on its own behalf, who uses the Store.
2.5. Store – the online store operated by the Seller at the internet address tavanastudio.com.
2.6. Terms and Conditions – these Terms and Conditions of the Store.
2.7. Order – a Customer’s declaration of intent submitted via the Order Form and directly aimed at concluding a Sales Agreement for a Product or Products with the Seller.
2.8. Account – a customer account in the Store, in which the Customer’s data is collected, along with information on Orders placed in the Store.
2.9. Registration Form – a form available in the Store, enabling the creation of an Account.
2.10. Order Form – an interactive form available in the Store that allows an Order to be placed, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
2.11. Cart – a part of the Store’s software where the Products selected by the Customer for purchase are visible, and where it is possible to determine and modify the details of the Order, in particular the quantity of products.
2.12. Product – a movable item available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
2.13. Sales Agreement – a sales agreement for a Product concluded or entered into between the Customer and the Seller via the online Store. The term “Sales Agreement” shall also be understood – depending on the features of the Product – as a contract for the provision of services or a contract for specific work.
2.14. Electronic Service – a service provided electronically by the Seller to the Entrepreneur via the Store.
3. CONTACT WITH THE STORE
3.1. Seller’s address: Dereszowa 2, 65-544 Zielona Góra
3.2. Seller’s e-mail address: eporcelanasklep@gmail.com
3.3. Seller’s bank account number: 75 2030 0045 1110 0000 0052 4010
3.4. The Customer may contact the Seller via the e-mail address as well as through the available social media channels.
4. TECHNICAL REQUIREMENTS
4.1. To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:
a. a device with Internet access and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari, or Microsoft Edge,
b. an active e-mail account,
c. cookies enabled.
5. GENERAL INFORMATION
5.1. To the maximum extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
5.2. Browsing the Store’s assortment does not require creating an Account. Placing Orders by the Customer for Products available in the Store’s assortment is possible either after creating an Account in accordance with point 6 of the Terms and Conditions or by providing the necessary personal and address data to enable the execution of the Order without creating an Account.
5.3. Prices displayed in the Store are given in Polish zloty (PLN) and are gross prices (including VAT).
5.4. The final (total) amount payable by the Customer consists of the price of the Product and the delivery cost (including transport, delivery, and postal service fees), of which the Customer is informed on the Store’s website during the Order process, including at the time of expressing the will to be bound by the Sales Agreement.
6. CREATING AN ACCOUNT IN THE STORE
6.1. To create an Account in the Store, the Registration Form must be completed. Providing the required data is necessary.
6.2. Creating an Account in the Store is free of charge.
6.3. Logging into the Account requires providing the login and password established in the Registration Form.
6.4. The Customer may, at any time and without giving any reason and without incurring any fees, delete the Account by sending a relevant request to the Seller, in particular via e-mail or in writing to the addresses indicated in point 3.
7. ORDER PLACEMENT RULES
To place an Order, the Customer must:
7.1. select the Product to be ordered, and then click the “Add to Cart” button;
7.2. choose the method of delivery and payment (method of delivery and payment for the Product);
7.3. log in or use the option of placing an Order without registration;
7.4. if the option of placing an Order without registration was chosen – complete the Order Form by entering the recipient’s details and the address for delivery of the Product;
7.5. read and accept the Store’s Terms and Conditions;
7.6. read and accept any other applicable terms regarding delivery or payment, about which information is provided during the order process;
7.7. click the “Summary” button, verify the correctness of the Order and the data, and then click “Confirm Purchase”;
7.8. pay for the Order using the method chosen during the Order process.
8. AVAILABLE DELIVERY AND PAYMENT METHODS
8.1. The Customer may choose from the following methods of delivery or collection of the ordered Product:
a. Postal shipment
b. Courier shipment
Delivery takes 2 to 3 business days.
8.2. The Customer may choose from the following methods of payment:
a. Electronic payments – the online payment service is provided by tPAY.
b. Bank transfer to the Seller’s account:
Porcelana Sklep ER s.c. Ewa Jankowska, Zyta Jankowska
ul. Dereszowa 2
65-544 Zielona Góra
account number: 75 2030 0045 1110 0000 0052 4010
8.3. Detailed information on delivery methods and accepted payment methods is available on the Store’s website.
9. PERFORMANCE OF THE SALES AGREEMENT
9.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point 7 of the Terms and Conditions.
9.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by sending the Customer a relevant e-mail message to the e-mail address provided during the Order placement. At the moment the Customer receives the above e-mail, the Sales Agreement between the Customer and the Seller is concluded.
9.3. In the case of payment by bank transfer or electronic payments, the Customer is obliged to make the payment within 5 calendar days from the conclusion of the Sales Agreement – otherwise the order will be canceled.
9.4. The Product will be shipped by the Seller within the period indicated in its description, in the manner chosen by the Customer when placing the Order.
9.5. In the case of ordering Products with different delivery times, the delivery time is the longest given period.
9.6. The beginning of the delivery period of the Product to the Customer is counted from the date the Seller’s bank account is credited.
9.7. Product delivery takes place within Poland. Delivery to other EU countries is possible. Delivery terms and costs are determined separately after prior contact via e-mail.
9.8. Delivery of the Product to the Customer involves an additional cost of 20 PLN, unless the Sales Agreement provides otherwise.
9.9. Free delivery applies to orders above 400 PLN.
10. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
10.1. The Consumer may withdraw from the Sales Agreement within 30 days without giving any reason by submitting a statement of withdrawal to the Seller.
10.2. The statement may also be submitted on the form, the template of which is attached as Annex No. 1 to these Terms and Conditions, but this is not mandatory.
10.3. The period referred to in paragraph 1 begins from the delivery of the Product to the Consumer or a person indicated by him/her other than the carrier.
10.4. The statement should be submitted by e-mail – the Seller’s contact details are specified in point 3.
10.5. After receiving such information, the Seller will immediately send the Consumer confirmation of receipt of the withdrawal notice.
10.6. The Customer returns the Product to the postal address specified in point 3 with the note “Return”, no later than 14 days from the day on which he/she informed the Store of the withdrawal from the Agreement.
10.7. The Consumer bears the direct cost of returning the Product.
10.8. In the event of withdrawal from the Agreement, the Seller shall reimburse the Consumer immediately, no later than within 14 days from the date of receiving the Consumer’s withdrawal notice, all payments made by him/her, including the costs of delivery, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method offered by the Seller.
10.9. The refund will be made using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer expressly agrees to a different solution that does not involve any costs for him/her.
10.10. The Seller may withhold the reimbursement until receiving the Product back or until proof of its return has been provided, whichever occurs first.
10.11. The Consumer is liable for any reduction in the value of the Product resulting from using it in a manner other than what was necessary to establish its nature, characteristics, and functioning.
10.12. According to the law, the right to withdraw from a distance agreement does not apply to the Consumer with respect to Agreements:
a. in which the subject of performance is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his/her individualized needs,
b. in which the subject of performance is an item delivered in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery,
c. in which the subject of performance is an item that is perishable or has a short shelf life,
d. for the provision of services, if the Seller has fully performed the service with the Consumer’s express consent, who was informed prior to the commencement of the service that after the service is performed by the Seller, he/she loses the right of withdrawal,
e. in which the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control and which may occur before the withdrawal period expires,
f. in which the subject of performance are things which, after delivery, due to their nature, become inseparably connected with other things,
g. in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, and which may be delivered only after 30 days, and whose value depends on market fluctuations beyond the Seller’s control,
h. in which the subject of performance are audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery,
i. for the delivery of newspapers, periodicals or magazines, except for subscription agreements,
j. for the delivery of digital content that is not stored on a tangible medium, if the performance began with the Consumer’s express consent before the withdrawal period expired and after the Seller informed him/her of the loss of the right of withdrawal.
11. COMPLAINTS
11.1. The Sales Agreement covers new Products.
11.2. In the event of a defect in a Product purchased from the Seller, the Customer has the right to file a complaint based on the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
11.3. Complaints should be submitted by e-mail – the Seller’s contact details are specified in point 3 – by completing the complaint form, the template of which constitutes Annex No. 2 to these Terms and Conditions.
11.4. After receiving confirmation of receipt of the complaint, the Customer should send the complained Product to the address specified in point 3 with the note “Complaint”.
11.5. The Seller will respond to the complaint request immediately, no later than within 14 days, and if the Seller does not do so within this period, it is considered that the Customer’s request has been deemed justified.
11.6. If the Product has defects, the Consumer is entitled to the following claims under Articles 556 and 561 of the Civil Code:
a. submission of a declaration of withdrawal from the agreement or reduction of the Product price, unless the Seller immediately and without excessive inconvenience to the Buyer replaces the defective Product with one free from defects or removes the defect, or
b. demand replacement of the Product with one free from defects or removal of the defect.
11.7. In the case of a rejected complaint, the Product will be sent back to the Consumer along with a refusal and justification.
12. OUT-OF-COURT COMPLAINT HANDLING AND CLAIMS ENFORCEMENT
12.1. Detailed information on the possibility for the Consumer to use out-of-court complaint handling and claim enforcement procedures and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, the Voivodeship Inspectorates of Trade Inspection, as well as at the following addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php;
http://www.uokik.gov.pl/sprawy_indywidualne.php;
http://www.uokik.gov.pl/wazne_adresy.php.
12.2. The Consumer has the following exemplary possibilities of using out-of-court complaint handling and claim enforcement:
a. The Consumer is entitled to apply to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) with a request to resolve a dispute arising from the Agreement concluded with the Seller.
b. The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings to amicably end the dispute between the Consumer and the Seller.
c. The Consumer may obtain free assistance in resolving a dispute between him/her and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Polish Consumers Association).
13. FINAL PROVISIONS
13.1. Polish law applies to the sales agreement of products in the Store. Agreements concluded via the Online Store are concluded in Polish.
13.2. The Seller reserves the right to amend the Terms and Conditions for valid reasons, i.e.: changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. Changes to the Terms and Conditions apply to orders placed after the amendment of these Terms and Conditions, subject to the provisions of paragraph 2 above.
13.3. Customers with an account in the Store will be informed about changes to the Terms and Conditions via e-mail correspondence.
13.4. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means; the Act on Consumer Rights; the Act on Personal Data Protection.
13.5. The Customer has the right to use out-of-court complaint handling and claim enforcement methods. To this end, he/she may file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
13.6. All materials, including graphic elements, their composition, trademarks and others available in the Store constitute the subject of exclusive rights, in particular they are subject to copyright and industrial property rights protection. Use of materials made available in the Store in any form requires the Seller’s consent each time.