Below you will find the regulations of the online store, which contain information on, among other things, the method of placing an order leading to the conclusion of an agreement, details on the execution of the concluded agreement, forms of delivery and payment available in the store, the procedure for withdrawing from the agreement or the complaint procedure.
§ 1 Definitions
For purposes of these Rules, the following terms shall have the following meanings:
- Buyer - A natural person, a legal person, or a crippled legal person,
- Consumer - a natural person who enters into an agreement with the Seller not directly related to its business or professional activities; the Consumer is also the Buyer,
- Consumer Entrepreneur - a natural person who enters into an agreement directly related to his/her business activity, where the content of the agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity; a Consumer Entrepreneur is also the Buyer,
- Regulations - these regulations,
- Store - online store operating at https://valentina-illustration.com/,
- Seller - V.D. Illustration Valentyna Derchyk, 3/6 Juliusza Słowackiego St., 58-300 Walbrzych, NIP 8863020194.
§ 2 Preliminary provisions
Via the Store, Seller conducts retail sales, while providing services to buyers electronically. Via the Store, the Buyer may purchase physical products shown on the Store's website.
Regulations define the terms and conditions of using the Store, as well as rights and obligations of Seller and Buyers.
To use the Store, including, in particular, to make a purchase in the Store, it is not necessary to meet special technical conditions by a computer or other device of the Buyer. Sufficient are:
- Internet access,
- standard operating system,
- standard web browser,
- having an active email address.
Buyer cannot make a purchase from the Store anonymously or under a pseudonym.
It is prohibited to provide unlawful content while using the Store, in particular by sending such content via forms available in the Store.
All product prices shown on the Store are gross prices.
§ 3 Services provided electronically
Via the Store, the Seller provides services to the Buyer electronically.
The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Store leading to the conclusion of an agreement with the Seller.
If the Buyer sets up a user account in the store, the Seller also provides to the Buyer electronic services consisting of creating and maintaining an account in the store. The account stores the Buyer's data and history of orders placed by him in the Store. Buyer logs into the account using his e-mail address and password defined by him.
If the Buyer subscribes to the newsletter, the Seller also provides the Buyer with an electronic service consisting of sending e-mails containing information about new products, promotions and products of the Seller.
Services are provided electronically to the Buyer free of charge. Contracts concluded through the Store are charged.
In order to ensure the security of the Buyer and the transfer of data in connection with the use of the Store, Seller takes technical and organizational measures appropriate to the degree of risk to the security of services provided, in particular, measures to prevent acquisition and modification of personal data by unauthorized persons.
Seller takes steps to ensure the full proper functioning of the Store. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Store.
Any complaints related to the functioning of the Store, the Buyer may submit via e-mail at the address firstname.lastname@example.org. In a complaint, the Buyer should specify the type and date of irregularity related to the functioning of the Store. The Seller will consider any complaints within 30 days of receipt of the complaint and will inform the Customer of its resolution at the e-mail address submitting the complaint.
§ 4 Placing an order
Placing an order is done by completing the order form after adding the products of interest to the Buyer to the basket. In the form it is necessary to enter the data necessary for the execution of the order. At the stage of order placement it is also necessary to choose the method of delivery of ordered products and the method of payment for the order. Placing an order is conditional on accepting the Terms and Conditions, with which the Buyer should first become familiar. In case of any doubts concerning the Terms and Conditions the Buyer can contact the Seller.
The process of placing an order ends with clicking on the button that finalizes the order.
If the Buyer has chosen on-line payment when placing the order, after clicking the button finalizing the order the Buyer will be redirected to a payment gateway operated by an external payment operator in order to make payment for the order. If the Buyer has chosen payment by bank transfer, after clicking the button finalizing the order the Buyer will be redirected to the Store's website with order confirmation and payment instructions. Payment for the order should be made within 7 days of placing it.
The Buyer must provide true personal information on the order form. Buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or when the data raises reasonable doubts of the Seller as to their accuracy. In such a case the Buyer will be informed by phone or e-mail about the doubts of the Seller. In such a situation, the Buyer shall have the right to clarify any circumstances related to the verification of the accuracy of the data provided. In the absence of data allowing the Seller to contact the Buyer, the Seller shall provide any explanations after the Buyer has made contact.
The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such a right in accordance with paragraph 4 above.
§ 5 Delivery and payment
The method of delivery of the order is described on the website of the Store and presented to the Buyer at the stage of placing the order. The cost of delivery of an order is borne by the Buyer, unless the Seller on the Store website indicates otherwise. Seller has the right to decide to split the order into several separate shipments without incurring additional costs by the Buyer.
Available methods of payment for the order are described on the Store's website and presented to the Buyer at the stage of placing the order.
Electronic payments, including payment card payments and fast money transfers, are operated by:
- PayPal payment system, operated by PayPal (Europe) S.à r.l. et Cie, S.C.A. with headquarters in Luxembourg
- payment system Przelewy24, operated by PayPro SA with its registered seat in Poznan
If the Buyer has requested an invoice, it will be delivered to the Buyer electronically, at the e-mail address provided in the order form.
§ 6 Order completion
Fulfillment of an order including physical products consists in completing the ordered products, packing them for delivery to the Buyer and sending the shipment to the Buyer in accordance with the form of delivery chosen by the Buyer of the order.
An order is considered completed when the shipment is sent to the Buyer (entrusting the shipment to a carrier engaged in transport).
Lead time is always indicated next to each product. Ordered products should be delivered to the Consumer within 30 days, unless the product description clearly indicates a longer period. In this situation, by placing an order, the Buyer agrees to a longer lead time resulting from the product description.
If the Buyer orders products with different lead times, the Seller shall be bound by the longest lead time for the entire order from among all products included in the order, although the Seller may propose to divide the order into several independent shipments to accelerate the lead time for some products.
§ 7 Withdrawal from the contract
In accordance with the Law - on consumer rights of May 30, 2014. (Journal of Laws 2014, item 827, as amended), "A consumer who has concluded a remote contract may withdraw from it within 14 calendar days without stating a reason and without incurring costs, except as indicated below."
The right of withdrawal does not apply to the contract:
for the provision of services, where the trader has performed the service in full with the express consent of the consumer, who was informed before the performance, that after the performance by the trader will lose the right of withdrawal;
in which the price or remuneration is dependent on fluctuations in the financial market which are not controlled by the trader and which might occur before the end of the withdrawal period;
in which the object of the service is a non-refabricated thing produced according to consumer specifications or serving to meet his individual needs;
in which the subject matter of the supply is an item delivered in a sealed package that cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery;
To withdraw from the contract, the Consumer or Consumer Entrepreneur must inform the Seller of his decision to withdraw from the contract by an unequivocal statement - for example, a letter sent by post, fax or e-mail.
A Consumer or Consumer Entrepreneur may use the model withdrawal form available at https://bezpieczny.biz/wp-content/uploads/2021/06/05.-Formularz-odstapienia-od-umowy.doc However, it is not mandatory.
In order to comply with the withdrawal period, it is sufficient for the Consumer or Consumer Entrepreneur to send a communication concerning the exercise of his/her right of withdrawal before the withdrawal period has expired.
The Consumer or Consumer Entrepreneur is obliged to return the product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the item himself. To meet the deadline it is sufficient to return the product before its expiry
The Consumer or Consumer Entrepreneur shall bear the direct costs of returning the item.
In the event of withdrawal from the contract, the Seller shall return to the Consumer or Consumer Entrepreneur all payments received from him, including the cheapest cost of delivery of products available in the Store (if the cost was paid by the Consumer or Consumer Entrepreneur) immediately, and in any case no later than 14 days from the date on which the Seller was informed of the exercise of the right of withdrawal. Reimbursement will be made using the same means of payment that were used by the Consumer or Consumer Entrepreneur in the original transaction, unless the Consumer or Consumer Entrepreneur has expressly agreed to another solution. In any case, the Consumer or Consumer Entrepreneur will not incur any fees in connection with the payment refund method.
If the Seller has not offered to collect the item itself from the Consumer or Consumer Entrepreneur, the Seller may withhold reimbursement of payments received from the Consumer or Consumer Entrepreneur until it receives the item back or the Consumer or Consumer Entrepreneur provides proof of return, whichever occurs first.
The Consumer or Consumer Entrepreneur shall be liable for any diminution in the value of the product resulting from the use of the product beyond what is necessary to ascertain the nature, characteristics and functioning of the product.
§ 8 Liability for defects
The seller is obliged to deliver a product free of defects.
The Seller is liable to the Buyer if the sold product has a physical or legal defect (warranty for defects). The warranty is excluded in relation to the Buyer other than a Consumer or Consumer Entrepreneur.
If the product sold has a defect, Buyer may:
- demand that the product be replaced with a defect-free product,
- demand removal of the defect,
- make a statement about the price reduction,
- make a statement of withdrawal.
If the Buyer finds a defect in the product, he should inform the Seller about it, specifying at the same time his claim related to the found defect or making a statement of appropriate content.
The Buyer may use the complaint form available at https://bezpieczny.biz/wp-content/uploads/2021/06/06.-Formularz-reklamacyjny.docHowever, it is not mandatory.
The Buyer may contact the Seller both by post and by email.
The Seller shall respond to the complaint submitted by the Buyer within 14 days from the date of receipt of the complaint by such means of communication, with the use of which the complaint was submitted.
Details of the Seller's warranty for defects are governed by the Civil Code (Articles 556 - 576).
§ 9 Personal data and cookies
§ 10 Intellectual Property Rights
The Seller hereby instructs the Buyer that digital content, content available on the Store's websites and elements of physical products (e.g. graphic designs) may constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, the copyrights to which are held by the Seller.
The Seller hereby instructs the Buyer that further distribution of copyrighted content by the Buyer without the consent of the Seller, except for the use of the content within the framework of permitted personal use, constitutes an infringement of copyright vested in the Seller and may result in civil or criminal liability.
§ 11 Out-of-court ways of dealing with complaints and making claims
Seller agrees to submit any disputes arising in connection with the concluded agreements to mediation proceedings. Details will be determined by the conflicting parties.
The Consumer has the opportunity to use out-of-court ways to process complaints and assert claims. Among others, the Consumer has the possibility to:
apply to a permanent arbitration court for settlement of a dispute arising from the concluded contract,
apply to a regional inspector of the Trade Inspection to initiate mediation proceedings for an amicable settlement of a dispute between the Buyer and Seller,
Use the assistance of the county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
More detailed information about out-of-court complaint and redress procedures can be found at http://polubowne.uokik.gov.pl.
The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking an out-of-court settlement of a dispute concerning contractual obligations arising from an online sales or service contract.
§ 12 Final provisions
Seller reserves the right to introduce and cancel offers, promotions and to change prices of products in the store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change.
The Seller reserves the right to make changes to the Regulations without prejudice to the rights acquired by the Buyer on the basis of contracts concluded before the change of the Regulations. Buyers who have a registered user account will be informed of any change to the Regulations by sending a message to the e-mail address assigned to the user account. If the Buyer does not accept the new Regulations, he can delete his user account free of charge.
Any disputes related to contracts concluded through the Shop shall be considered by the Polish common court competent for the place of permanent establishment of the Seller. This provision does not apply to Consumers and Consumer Entrepreneurs, where the jurisdiction of the court is considered on a general basis.
These Regulations are effective as of April 1, 2022