MONIKA KAMIŃSKA ONLINE SHOP REGULATIONS
(valid from 25.12.2014)
The seller and owner of the online shop is Monika Kamińska, pursuing commercial activity under the company name Monika Kamińska, with its registered office in Opacz-Kolonia (05-816) at ul. Środkowa 24 B; NIP: 5342352779, REGON: 147460986, registered in the Central Electronic Register and Information on Economic Activity(CEIDG) maintained by the minister responsible for economic affairs.
Contact with the Seller and way of communication:
- via e-mail; e-mail address: email@example.com;
- by post; local address for service: ul Poznańska 24/20, 00-685 Warszawa
§ 1. DEFINITIONS
Order Processing Time - the time during which the order is completed and released to the carrier for delivering the Goods to the address indicated by the Customer; the Order Processing Time does not include the delivery time (the time between releasing the Goods by the Seller to the carrier and their delivery to the Customer);
Working days - means the days of the week from Monday to Friday (excluding public holidays);
Customer - an entity having full legal capacity, who places an Order in the online shop under the conditions set out in the Regulations and to whom the services are supplied by electronic means;
Consumer - a natural person performing a legal action with the entrepreneur which is not directly related to its business or professional activity;
Account - a Customer-dedicated, modifiable element of the Online Shop which is created following registration by the Customer;
Shopping cart - an integral part of the Online Shop and purchasing system in which the Customer approves the terms of the Order i.e. the type and quantity of Goods, information for delivery and issuing the invoice, method of payment;
Newsletter - a free-of-charge service provided by electronic means, by means of which the Online Shop informs Customers about new materials and events taking place as part of the Online Shop’s activities, through cyclical sending of selected and edited content in the form of an electronic letter;
Regulations - these Online Shop regulations;
Registration - the procedure carried out by the Customer in the manner indicated in the Regulations for processing the Order and using specific features of the Online Shop;
Online Shop (Shop) - the website available at www.monikakaminska.com by means of which the Customer may, in particular, place an Order for available Goods;
Goods - the products shown in the Online Shop which may constitute the subject of a Sales Contract; important properties of each of the Goods are available on a dedicated subpage of the Shop; the image of the Goods presented on the Online Shop’s pages constitutes a visualization of its actual appearance and is purely for information.
Sales Contract - a sales contract within the meaning of the Act of 23 April 1964 of the Civil Code, concluded in accordance with the provisions of the Regulations between the Seller and the Customer by means of the Shop’s sales system;
Order - the Customer’s declaration of will leading directly to the conclusion of the Sales Contract with an indication of its important conditions.
§ 2. GENERAL PROVISIONS
- These Regulations specify the terms and conditions of using the Online Shop, in particular, the conditions of placing an Order, its modification, making payments and other rights and obligations of the Customer and Seller.
- The Online Shop carries out the retail sale of Goods via the Internet on the territory of the Republic of Poland. The Online Shop also provides free electronically supplied services in the form of making available various features of the Shop, including operating a Customer Account.
- These Regulations are provided free of charge on the Online Shop’s website prior to the conclusion of the contract, and also - at the Customer’s request - in a manner enabling access, the display and storage the Regulations content by means of a computerized system.
- Reading and accepting the regulations constitutes a necessary prerequisite for using the Online Shop.
- Information included in the Online Shop do not constitute an offer within the meaning of the Act of 23 April 1964 of the Civil Code but are an invitation to enter into a Contract.
- The Customer is forbidden to: submit content prohibited by law, including those which violate the well-being of other people and other rights of third parties; act in a manner which violates the law or avoids the law, and contradicts the principles of social conduct and good manners; using the Online Shop in a manner that interferes with its operation or is oppressive to the Seller and other Customers.
- The Seller ensures protection of the electronic transmission and digital content through the use of technical ad organizational measures aimed at securing them, in particular, to prevent their acquisition by unauthorized persons, through the use of, among others, SSL encryption, access passwords and anti-virus programs, and protect it against unwanted software. At the same time, the Seller indicates that the use of the Internet and services supplied in electronic form may make the computerized system or user device vulnerable to malware. In order to minimize these risks the Customer should apply appropriate technical measures such as anti-virus programs or programs which protect the user’s identity on the Internet.
- Contracts are concluded in accordance with the Polish law, in the English language. The Shop delivers orders worldwide, in accordance with the options provided by the Seller.
§ 3. REGISTRATION
- To improve the process of placing Orders, the Customer has the possibility of creating an individual Account which includes saving payment and shipping data. For this purpose, the Customer completes the Registration procedure.
- The user gains the status of a registered Customer following registration in the Online Shop according to an interactive form (in particular, providing his/her real data), which available upon activating the “Sign in” button, following the instructions displayed on the Shop’s website during the procedure.
- Upon confirmation of Registration by the Customer through the link sent to his/her e-mail address, an agreement for the provision services by electronic means for operating the Account is concluded with the Seller. The Customer may terminate the agreement at any time, by sending an appropriate statement to the Seller. The Account will be deleted immediately.
- During the Registration process, the Customer provides a password which he uses for accessing the Account. The Customer is not allowed to share the password with third parties. The Account is non-transferable.
- The Account contains information provided by the Customer during registration. Detailed information about the protection of personal data and their processing are specified in § 9. The Customer is obliged to update Account information.
§ 4. ORDER
- Orders can be placed electronically via the Shop’s sales system, 24 hours a day, 7 days a week, throughout the whole year, subject to the fact that they are processed on Working Days before 11.00.
- Orders can be placed by Customers who:
a) are registered users of the Online Shop;
b) are not registered users of the Online Shop.
- Customers without a registered Account place the Order by skipping the Registration procedure and login.
- The Customer creates the Order by virtually adding Goods to the Shopping Cart. Effective adding of the product to the Shopping Cart changes the number of products in the Order list, which can be freely modified. Upon confirming the selection of Goods, the Customer provides in the Order form his/her data, delivery address, method and cost of shipping and method of payment for the Order. Upon completing the Order, the Customer approves it and sends it to the Seller by activating the “Order with the obligation to pay” button.
- Each time, before sending the Order to the Seller, the Customer is presented with a summary of the Order, i.e. the total sum and specific details of the Order, for confirmation.
- During placing the Order and until activation of the “Order with the obligation to pay” button, the Customer can detect and correct errors in the Order and modify it by means of the Online Shop’s sales system.
- After that, the Customer may change the Order and, in particular, correct errors in data entered, up to the moment of shipping the Goods by directly and immediately contacting the Seller by e-mail.
- Information presented in the Online Shop constitutes an invitation to Customers to make offers. Placing an Order by the Customer is equivalent to submitting a statement of will of entering into a Sales Contract of the Goods. The Sales Contract is concluded upon sending a confirmation of accepting the Order for processing by the Seller to the e-mail address indicated in the Order.
- The Order is effective if the Customer correctly completed the Order form and provided correct contact details, including the correct address to which the Goods are to be sent. In the event of incomplete data, the Seller contacts the Customer. In case of at least two ineffective attempts to contact the Customer, it is deemed that the service is impossible to perform and the Seller may cancel the Order or withdraw from the contract.
- The content of the Contract is recorded, protected and made available via the Shop’s sales system (it is also available on the Account) and is attached to the sent Goods. The Customer receives a digital document confirming the conclusion of the Contract.
- The time of processing the Order may take up to 5 (five) Working Days. The Order is processed upon receiving payment confirmation from the payment provider by the Seller.
- After the Order Processing Time mentioned above, the Goods are handed over to the carrier.
§ 5. PRICES AND PAYMENT RESTRICTIONS
- The prices stated on the Online Shop’s webpages are gross prices (they include all duties and taxes, including VAT), are expressed in EURO and do not include shipping costs. The total price of the Order is calculated according to the choices made by the Customer in the Order form, in accordance with the rates specified in the Order summary.
- The binding price is indicated in the summary of Order upon sending it to the Seller.
- Payment can be made in two ways: a) by PayPal b) via wire transfer.
- If, within 2 (two) days from dispatching the Order, the Customer fails to make payment, the Order is canceled.
- At the Customer’s request, the Seller issues a sales document for each of the sold Goods in the form of a receipt or invoice without VAT. The sales document constitutes confirmation of essential terms of the order.
- The prices stated in the Online Shop are subject to change (for example, as part of promotional campaigns or clearance of Goods). The terms of the Order may not change in relation to the Customer who placed an offer in the manner indicated in § 4 of the regulations, prior to the price change.
§ 6. SHIPPING
- Parcels are delivered in the manner selected by the Customer from the options provided by the Seller. Delivery of the Goods is limited to the forms specified in the Order form.
- The Customer pays costs of shipping. The cost is calculated on the basis of delivery costs specified in the Order form and is added to the price of the Order in the summary, after the Customer chooses a delivery option.
- Goods are shipped after payment is received for the value of the Order, unless the Customer selected the “payment on delivery” option.
- The Goods are shipped to the address indicated in the Order form. The Seller will immediately contact the Customer if the form is filled incorrectly, preventing the effective delivery of the Order.
- If, prior to releasing the parcel it is found that it has suffered a partial loss or damage, the carrier is obliged to immediately establish the condition of the parcel and circumstances in which the damage occurred by drafting a report. The carrier should also do it at the request of the Customer who claims that the parcel shows signs of tampering. Upon releasing the Goods to the Customer, the risk of accidental loss or damage to the Goods passes to the Customer.
§ 7. WITHDRAWAL FROM THE CONTRACT
- A Consumer who has concluded a distance contract may withdraw from it without giving reasons, by submitting a written statement within 14 (fourteen) days from the date on which the Consumer or a third party indicated by him comes into the possession of the item. If the consumer has submitted a statement of withdrawal from the Contract before the Seller accepted his offer, the offer ceases to be binding.
- To comply with this deadline it is enough to send a statement prior to its expiry. The Customer may use the model contract withdrawal statement which forms an annex to these Regulations and is attached to the Goods.
- In case of withdrawal from the Contract, the Seller immediately reimburses all payments received from the Consumer, including the costs of delivery of the product (with the exception of additional costs resulting from a different delivery method chosen by the Consumer than the cheapest delivery method offered by the shop) and, in any case, no later than 14 (fourteen) days from the date on which the Seller was informed about the decision to withdraw from the Contract.
- The Consumer is required to return the Goods to the Seller immediately, however no later than 14 (fourteen) days from the date of withdrawal from the contract. To keep the deadline it is enough to send the Goods prior to its expiry.
- The Consumer bears responsibility for decreasing the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
- The Consumer is not entitled to withdraw from Contracts, among others, for the provision of services, if the entrepreneur fully performed the service at the express consent of the consumer who has been informed prior to the provision of services that after performing the service by the entrepreneur he/she will lose the right to withdraw from the contract in which the subject of rendered services is a non-prefabricated product, manufactured according to the specifications of the consumer or serving to satisfy his/her individualized needs, in which the subject of rendered services is a product liable to rapid deterioration or expiration, in which the subject of rendered services are products which, due to their nature, are inseparably mixed with other items after delivery, covering the supply of digital content which they are not stored on a tangible medium where the performance has begun with the Consumer's express consent prior to the expiry of the date for withdrawing from the contract and informing him/her by the entrepreneur about the loss of the right to withdraw from the contract.
- In case of withdrawal from a distance contract, the direct costs of returning the Goods to the Seller are borne by the Customer.
§ 8. COMPLAINTS
- The Seller is obliged to deliver the Goods to Customers without defects. The Seller is liable to the consumer if a product has a physical or legal defect (warranty). The Consumer is entitled to warranty in the form of removal of the defect, exchange of the product for a defect-free one, lowering the price or withdrawal from the Contract.
- Only Consumers are entitled to complaints. The Parties - the Client not being a Consumer and Seller - exclude a warranty for defects between themselves.
- Complaints must be submitted to the postal address indicated in the Contact section. To improve the complaints procedure, the claimed Goods must be delivered together with the proof of purchase and notification of complaint.
- The Seller will respond to the Consumer’s request within 14 (fourteen) days.
- The complaints procedure applies to services supplied electronically by the Seller.
- Personal data provided by the Customer are processed by the Seller who is, within the meaning of the Act of 28 August 1997 on personal data protection (Journal of Laws 1997 No. 133 item 883 as amended), the Administrator of Personal Data.
- The objectives and scope of processed personal data is defined by the scope of consents and provided data sent by means of appropriate forms. Processing of Customers’ data may include the e-mail address, address of residence, name and surname, phone number, IP address of the computer.
- Personal data will be processed in order to:
a) implement the provisions of law,
b) create an Account, process the Order, including providing services by electronic means, reviewing complaints and other activities specified in the Regulations,
c) promotional and commercial activities of the Seller.
- Processing a Customer’s personal data for marketing purposes requires his/her separate consent.
- Providing personal data and agreeing to their processing is voluntary, however the lack of consent to the processing of personal data which are marked as mandatory prevents the provision of services and execution of contracts by the Seller (subject to paragraph 4).
- These consents may be revoked at any time by sending an appropriate request to the e-mail or postal address of the Seller listed in the Regulations.
- The legal basis for processing personal data in the case referred to in paragraph 3 point a is a statutory authorization to process data which are necessary to act in accordance with the law, whereas in the case referred to in paragraph 3 points b and c it is a pre-arranged authorization to process personal data in cases in which it is necessary for legally justified purposes carried out by the data administrator or recipients of data and consent of the Customer.
- Data are disclosed only for the purposes of fulfilling the Order and contracts for the electronic provision of services (to the carrier and company providing accounting services for the Seller). Personal data collected by the Seller may also be shared with:
a) the relevant state authorities at their request, on the basis of relevant provisions of law,
b) other persons and entities - in cases provided for by the law.
- Sharing personal data with unauthorized entities in accordance with these Regulations is only possible with the prior consent of the Customer to whom they are related.
- Customers have the right to control the processing of their data and, in particular, have the right to:
a) access their personal data, make additions and correct the data by submitting an appropriate request to the Seller,
b) request temporary or permanent suspension of their processing or removal if they are incomplete, outdated, incorrect or have been collected unlawfully, or they are superfluous for fulfilling purposes for which they were collected,
c) object to the processing of their data - in cases provided for by the law - and have the right to require their deletion when they are superfluous for fulfilling purposes for which they were collected.
- Personal data are stored and protected in accordance with the principles laid down in applicable provisions of law: the Act of 29 June 1997 on personal data protection (Journal of Laws 2002 No. 101 Item 926 as amended), the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144 Item 1204 as amended), the Ordinance of Minister of Interior and Administration of 29 April 2004 on the documentation of personal data, and technical and organizational conditions which should be met by devices and IT systems used for personal data processing (Journal of Laws No. 100 Item 1024).
- The Seller uses technical and organizational measures to ensure the protection of personal data processed appropriate to the risks and the categories of the data to be protected, and in particular he secures the data against disclosure to unauthorized persons, removal by an unauthorized person or processing in violation of the provisions of applicable law, and modification, loss, damage or destruction.
- If the Seller obtains information that the Customer uses the electronically supplied service in a manner which is non-compliant with the Regulations or applicable laws (prohibited use), the Seller may process the Customer’s personal data to the extent which is necessary to determine the Customer’s responsibility.
- The website can store HTTP requests, as a result of which certain information can be stored in server log files, such as the IP address of the computer from which the request originates, the name of the Customer’s station - identification performed by the HTTP protocol and, if it is possible, the date and system time of registration in the service and arrival of the request, number of bytes sent by the server, URL address of the website previously visited by the user if the Customer entered the website by means of a link, information about the user’s browser, information about bugs which occurred during carrying out the HTTP transaction.
- Logs may be collected as a material for the proper administration of the website. Access to these information is restricted only to persons who are authorized to administer the IT system.
- Log files can be analyzed in order to generate traffic statistics and errors. The summary of such information does not identify Customers.
§ 10. CHANGES TO THE REGULATIONS
- The Seller may change these Regulations for important legal or technical reasons.
- Customers who have an account will be notified about the changes in the Regulations in an e-mail message sent out 14 days before the new Regulations enter into force, whereas other users - in a message displayed on the main page for 15 days prior to their entry into force.
- During this time, the Customer must once again accept or refuse acceptance of the Regulations.
- In the Customer does not accept the new Regulations, he/she may delete his/her account at any time.
- Orders placed before the entry into force of changes in the Regulations are carried out in accordance with existing Regulations.
§ 11. NEWSLETTER
- The Newsletter subscription service is provided by the Seller to Customers who voluntarily agree to it.
order to subscribe to the Newsletter, the Customer performs the
- orders the Newsletter service through the interactive firm on the website www.monikakaminska.com by entering his/her e-mail address,
- accepts the content of the Regulations and consents to its personal data contained in the Form being processed by the Service Provider for the provision of the Newsletter service for marketing purposes and receiving commercial information by electronic means of communication related to the Newsletter service,
- activates the “Save” button,
- activates the service via a link in the e-mail sent to the User to the address specified by the Customer.
- The Customer may also subscribe to the newsletter via the Order form.
- Upon activation of the subscription, a contract for the provision of a Newsletter service is concluded between the Seller and Customer for an indefinite period.
- The user may terminate the contract for the provision of the Newsletter service at any time by deactivating the subscription. It is possible to unsubscribe from the Newsletter by activating the corresponding link located in the footer of every electronic letter sent as part of the Newsletter service.
- The Service Provider ensures protection of electronic communications through the use of technical measures to the extent w compatible with the security threats of the Newsletter service.
- The consent to receive commercial information sent by the Service Provider by electronic means is voluntary and may be withdrawn at any time.
§ 12. FINAL PROVISIONS
- In matters not regulated by these Regulations, the provisions of ordinary law apply, in particular, the Act of 23 April 1964 of the Civil Code and Act of 30 May 2014 on Consumer Rights.
- All materials, including graphical elements, compositions of these elements, trademarks and others available in the Online Shop are subject to exclusive rights and, in particular, are protected by copyright and industrial property rights. The use of materials provided in the Online Shop in any form always requires the Seller’s consent.
- In case of a dispute with the Seller, the Customer is entitled to apply to an amicable consumer court operating at the Commercial Inspection for settling the dispute arising out of the concluded Sales Contract. The Consumer may also ask for mediation or settlement of the dispute by an arbitration court (use alternative methods of dispute resolution - ADRs). For this purpose the Customer must submit to the Seller, depending on his/her will, a request for consideration of the case before an arbitration court. If the dispute concerns the defects of the Goods, it should be noted that the use of ADRs is possible after completion of the complaint procedure with the Seller. Detailed information on the access to these procedures are available from the authorities conducting them. In the remaining cases, determining the local jurisdiction of the court must be guided by the rules laid down in the Civil Procedure Code. Disputes arising between the Seller and the Customer not being a Consumer are subjected to the competent court for the seat of the Seller.