REGULATIONS FOR INDIVIDUAL ORDERS
The owner of the online store registered under the domain herbedesign.pl is Agnieszka Trawińska, conducting business under the name: HERBE Agnieszka Trawińska, registered in the Central Business Register kept by the Minister of Economy under NIP: 7391128988, Regon: 280376136, email: firstname.lastname@example.org, phone: +48 509596500, hereinafter referred to as "Seller" or "Seller".
The terms used in the Regulations shall mean:
- User - means a natural person with full legal capacity, (an adult not incapacitated), a natural person with limited legal capacity (a person who is at least 13 years old or is partially incapacitated) acting with the prior consent of his/her statutory representative (e.g. a parent), a legal person, an organizational unit not being a legal person to which the law grants legal capacity who respectively purchases or intends to purchase goods from the website. parent), a legal person, an organizational unit that is not a legal person, which is granted legal capacity by law, which respectively purchases or intends to purchase goods from the Store or which uses or intends to use the service "My Account" and services provided by the Seller via road and electronic service.
- Customer - an adult individual with full legal capacity, a legal person or an organizational unit without legal personality and with legal capacity, making a purchase at the Seller associated directly with its business or professional activities.
- Consumer - means a natural person making a legal transaction not directly related to its business or professional activities. 4.
- Buyer, Customer - both a Consumer and a Client.
- Electronic Service - service provided electronically by the Seller to the User through the Online Store.
- Online Store (e-Store, Shop) - online service available at herbedesign.pl, through which the Buyer may in particular place orders.
- Regulations - these Regulations regarding the sale of Goods and provision of services in the Internet Shop.
- Goods/Product - things that are offered in the Store and may be the subject of an individual Order.
- Product template - Product templates made available by herbedesign.pl, which are intended for individual Orders. 10.
- Project - individual design of an Item, made on the basis of a Product Template, provided by the Buyer (Buyer's Project) or prepared by the Seller upon the Buyer's order.
- Delivery - type of transport service along with the carrier and cost mentioned in the delivery price list available at herbedesign.com
- Completion Date - the date specified individually by the Seller for the execution of the Sales Agreement. 13.
- Business Days - days from Monday to Friday, with the exception of public holidays falling on those days. 14) Supplier - an entity that makes the Sales Agreement.
- Supplier - entity that performs deliveries of the Goods.
- Contract of sale - a contract of sale of Goods or services, as defined by the Civil Code, concluded between the Seller and the Buyer. 16th Individual order - a statement of will of the Buyer.
- individual order - the Buyer's declaration of will regarding conclusion of the sales contract, specifying in particular the type and number of Goods as well as the Project.
- commercial information/Newsletter - information intended directly or indirectly for promotion of sold goods and services within the activities conducted by the Seller.
- These Regulations set out the terms and conditions for placing individual orders via the Online Store or by e-mail.
- Regulations are addressed both to consumers and businesses.
- All rights to the Online Store, including property copyright, intellectual property rights to its name, domain, website, as well as to the patterns, forms, logos and images belong to the Seller, and use them only in the manner specified and in accordance with the Rules.
- The user can access these Regulations at any time through a link on the homepage of the Store herbedesign.pl and download and make a printout.
- Placing an individual order is possible via e-Store or in an e-mail message
- Confirmation of the important provisions of the sales contract concluded between the Seller and the Buyer
- Confirmation of the material provisions of the Sales Agreement concluded between the Seller and the Buyer takes place by sending to the Buyer information in the Order Summary to the e-mail address provided, as well as in the traditional form by attaching a printout of the confirmation of the conclusion of the agreement to the parcel containing the ordered Goods, documentation, if any, and an invoice issued at the request of the Buyer.
- The condition of using the services provided by the Seller is prior familiarization with the description of services, terms and conditions, price list, as well as all provisions of these Regulations made available at the e-Store.
- Goods displayed in the stationary Store, the offer presented at the e-shop website, as well as descriptions of goods are only an invitation to submit offers, and not an offer within the meaning of the Civil Code. Binding nature - for the purpose of concluding a specific contract - only become binding upon confirmation of acceptance of the Order for execution by the Seller.
- In matters not covered by these Regulations shall apply the provisions:
- Act on rendering electronic services of 18 July 2002. (Journal of Laws No. 144, item 1204 as amended),
- Consumer Rights Act of 30 May 2014. (Journal of Laws 2014 item 827),
- Act on out-of-court resolution of consumer disputes of 23 September 2016. (Journal of Laws 2016 item 1823),
- Civil Code Act of 23 April 1964. (Journal of Laws No. 16, item 93 as amended) and other relevant provisions of Polish law.
Technical requirements and Cookies
- In order to place an individual Order through the e-Store, the User should have access to a computer workstation or a terminal device, which has:
- Internet access;
- a properly configured web browser;
- an active and properly configured e-mail account.
- The e-Shop allows you to order services using commonly available software in the form of web browsers that accept cookies.
- The e-Shop, with the prior consent of the User or their representative, stores cookies on their computer, which are necessary: to conclude a remote sales agreement, its execution and to facilitate the User's use of the e-Store website by maintaining the session (so that it is unnecessary to re-enter the password) and to create statistics on viewing pages.
- Files introduced by the e-Store to the User's computer or their representative do not collect their personal data, do not affect the configuration of the operating system or software and can be deleted at any time.
- The Customer may at any time delete placed cookies or block the placement of cookies using the options available in his web browser.
Placing individual orders
- Placing an individual Order via the eShop or by e-mail does not require setting up a User Account.
- Before placing an Order, the User has the opportunity to read the photographs of the Goods available at the e-Shop website and the descriptions placed next to them.
- Individual orders are carried out on the basis of an individual valuation.
- Conclusion of a Sales Agreement between the Buyer and the Seller via e-Shop takes place after the Buyer places an individual order by sending an e-mail to the Seller, in which all the data necessary for the execution of the individual order are specified, in particular the number of Products and selected templates, the Buyer's own Design or all the data necessary for the preparation of the Design by the Seller, all the Buyer's data, specified in detail below, and the manner of delivery. The Buyer shall send all correspondence concerning the individual Order placement and execution to the following e-mail address of the Seller: email@example.com.
- Individual Order can be realized on the basis of the Buyer's Design or the Design prepared by the Seller for the Buyer's order according to the principles specified in § 6 below.
- When placing an Order the Buyer is obliged to provide correct contact and personal data. If the Buyer is a natural person the following data must be provided: Buyer's first and last name, mailing/delivery address, if different from the residential address, e-mail address, contact phone number, and if the order is placed within the framework of a business activity the name of the business activity, the address of the main place of business and NIP number must also be provided. If the Buyer is a legal person or organizational unit without legal personality, the following should be provided: company name, registered office address and address for correspondence/delivery, if different from the registered office address, e-mail address, contact telephone, NIP number, KRS number, name and surname of the person or persons acting on behalf of the Buyer (proxy, attorney, authorized body or partner).
- After submitting the Order the Seller sends to the e-mail address of the Buyer a summary of the Order or asks to send missing data or information necessary for the implementation of the Order. In such a situation the Seller sends to the Buyer a summary of the Order after the Buyer provides all the necessary data. In the Order summary the Seller sends a reference to these Regulations together with a request to approve the Order and the Regulations.
- Summary of the individual Order placed will include information on:
- Store data including exact mailing address, e-mail address and telephone number;
- unit and total price of all Products;
- the selling price = the total price of the Products + costs of execution of the agreement, in particular fees for the creation of the Design or adjustment of the Buyer's Design;
- form of delivery - including carrier and information on any restrictions concerning delivery, e.g. weight or location;
- Seller's bank account number;
- date of payment;
- date of completion of the Order by the Seller;
- The Buyer should read the Regulations and accept them, which he confirms by Confirming the Order.
- Sales Agreement concerning an individual Order comes into effect through approval of an individual Order by the Buyer or a person authorized by him by sending a reply to the Order Summary. Confirmation of the Order is equivalent to acceptance of the Terms and Conditions, confirmation of all elements of the Sales Agreement given in the Order Summary and the commitment to pay the sales price.
- Agreement of sale is concluded in Polish.
- The Buyer may submit Orders via e-mail 7 days a week, 24 hours a day.
Rules concerning the preparation of the Design
- If the Buyer makes an individual Order based on his own Design, before placing the Order he orders the Seller via e-mail to adapt his own Design to the selected Template.
- The Seller reserves the right to make necessary corrections to the Buyer's Design, if this is necessary to complete the individual Order based on the Template chosen by the Buyer, to which the Buyer agrees.
- The Buyer may commission the Seller to create the Design. In this situation, the Buyer is obliged to provide the Seller with all the data and information necessary to create the Design.
- After the Seller makes the Design for the Buyer, or after the Seller adapts the Buyer's Design to the Template or makes necessary changes to the Buyer's Design, the Buyer receives the final Design from the Seller and accepts it via e-mail.
- Acceptance of the Project by the Client is equivalent to confirming all of its contents. Changes to the Project after its acceptance are possible only with the express consent of the Seller, after agreeing on new terms of the Sales Agreement.
- The Seller keeps the Buyer's Project in its archives, which makes it possible to later make an Order according to the same Project, to which the Buyer agrees.
- If the conclusion of the Sales Agreement is not concluded for reasons attributable to the Buyer after the completion of the Design by the Seller for the Buyer's order or after the Seller adapts the Buyer's Design to the selected Template, the Buyer is obliged to pay the Seller a contractual penalty of 500 PLN (five hundred zlotys). The Seller may demand additional compensation if he has suffered damage exceeding the amount of contractual penalty due to the fact that he hoped for the conclusion of the agreement.
Prices and payment methods
- Prices given in the Store are expressed in Polish zloty.
- Prices of Products do not include shipping costs.
- Information on the total value of an individual Order is always presented in the Summary of the Order. Payment for individual orders is only possible by prepayment to the account of the Seller.
- It is obligatory 100% prepayment on account before realization of the order.
- In the event that the Buyer fails to make payment within the period specified in the Order Summary, the Seller sets the Buyer an additional period to make payment and informs the Buyer about it in the e-mail correspondence with the information that in the case of ineffective expiry of the set time limit the Seller shall be entitled to withdraw from the contract. In the event of ineffective expiry of the additional period for payment, the Seller shall send to the Buyer a statement of withdrawal from the contract pursuant to Article 491 of the Civil Code in electronic form or in writing by mail.
- In case of withdrawal from the Agreement by the Seller, the Buyer is obliged to return to the Seller everything he received in connection with realization of the Sales Agreement and to repair the damage resulting from non-performance of the obligation, in particular, to pay the fee for the execution of the Project and reimburse all costs incurred by the Seller in connection with the implementation of the Agreement.
Fulfillment of an individual Order and Delivery of Goods
- The Seller is obliged to deliver the Goods being the subject of the Sales Agreement without any defects.
- The execution of the Order takes place on working days from Monday to Friday. 3.
- Orders placed on holidays are treated as placed on the first working day following the day of placing the Order.
- The execution time of an individual Order depends on the number of ordered Goods, it is determined individually by the Seller and is given in the Order Summary.
- The execution time for individual Order shall commence after the Order is approved and the whole sale price is paid by the Buyer.
- The parcel with the ordered Products is sent when all ordered Products have been made by the Seller.
- In special cases, the lead time may be extended by a few days, about which the Buyer will be individually notified by e-mail or telephone.
- The cost of shipping is covered by the Buyer in accordance with the price list published on the website Store at herbedesign.pl, unless the delivery is to be outside the borders of the Republic of Poland. In this case, delivery costs are agreed individually and are given in the Order Summary.
- Delivery of purchased Products is carried out by sending the goods with the carrier, listed in the Summary of Order to the specified address of the Buyer.
- If the Buyer is a Consumer the Seller is responsible for the risk of accidental loss or damage to the ordered Goods until the moment the Consumer receives it. If the Buyer is the Client, it is considered that issuance of the ordered Goods was made at the moment when, in order to deliver the Goods to the Client's address, the Seller entrusted them to the carrier.
- In the case of unjustified refusal to take delivery by the Buyer who is the Consumer, the Seller has the right to charge the Buyer with the costs of delivery and return to the sender. If an unjustified refusal to accept the shipment is made by the Customer, the Seller may in any case charge him with the costs of delivery.
Complaints related to Orders 1.
- The Seller, pursuant to Article. 558 § 1 of the Civil Code completely excludes liability to customers for defects in physical and legal (warranty).
- In the case of defects or non-compliance of the Goods with the offer, the Consumer is entitled to complain about the Goods by notifying the Seller and submitting a declaration of intent in any form, in particular:
- in writing to the address: HERBE Agnieszka Trawińska, Pszenna 34 Street, 10-833 Olsztyn;
- by e-mail at the address: firstname.lastname@example.org
- The requirements given in the previous sentence are only a recommendation and do not affect the effectiveness of the complaint submitted with the omission of the recommended description of the complaint.
- The complaint should contain the following data:
- name and surname;
- correspondence address, as well as e-mail address and telephone number;
- subject matter of the complaint;
- reason of complaint;
- request for settlement of the complaint;
- signature (handwritten signature in case of complaints submitted by mail);
- proof of purchase (document identifying the purchase such as e-mail, transfer confirmation, order form)
- In the case of an agreement with the Consumer, if the physical defect is found before the expiration of a year from the moment of issue of things, it is assumed that it existed when the danger passed to the Consumer.
- The Consumer, if the sold thing has a defect, may:
- make a statement on demand of price reduction;
- make a statement on withdrawal from the contract, unless the Seller immediately and without excessive inconvenience to the Consumer will replace the defective item to free from defects or remove the defect.
- The Consumer may instead of the removal of defects proposed by the Seller to require replacement of the item to be free from defects or instead of the replacement of the item to require removal of defects, unless bringing the item to conformity with the contract in the way chosen by the Consumer is impossible or would require excessive costs compared with the method proposed by the Seller, while assessing the excess of costs shall take into account the value of the defect-free item, the type and importance of the defect, and also take into account the inconvenience to which the Consumer would be exposed by another way of satisfaction.
- The Consumer may not withdraw from the contract if the defect is insignificant.
- The consumer, if the sold thing has a defect, may also:
- demand to replace the thing with a defect-free one;
- require removal of defects.
- The Seller is obliged to replace the defective item with a defect-free item or remove the defect in a reasonable time without
- within a reasonable time without undue inconvenience to the Consumer. 16.
- The Seller may refuse to satisfy the Consumer's request if bringing the defective goods to conformity with the contract in a manner selected by the Buyer is impossible or in comparison with other possible ways to bring the goods to conformity with the contract would require excessive costs.
- Consumer who exercises the rights under the warranty, is obliged at the expense of the Seller to deliver the defective item to the complaint address, and if due to the nature of the item or the way it is installed delivery of the item by the Consumer would be too difficult.
- The Consumer is obliged to make the thing available to the Seller at the place where the thing is located. In the case of failure to comply with this obligation by the Seller, the Consumer is entitled to return the item at the expense and risk of the Seller.
- The cost of replacement or repair shall be borne by the Seller.
- The Seller is obliged to accept from the Consumer defective item in the event of replacement of the item to a defect-free or withdrawal from the contract.
- First The Seller within fourteen days shall respond to the demands of the Consumer. Otherwise it is considered that recognized as reasonable statement or request of the Consumer.
- The Seller shall be liable under warranty if a physical defect is found before the expiry of two years from the date of release of the item to the Consumer, and if the subject of the sale is a used thing before the expiry of a year from the date of release of the thing to the Consumer.
- If, because of a defect in the item, the Consumer made a statement of withdrawal from the contract or reduce the price, he may request compensation for damage suffered by him because he entered into the contract, not knowing about the existence of a defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular may request reimbursement of the costs of entering into the contract, the costs of collection, transportation, storage and insurance of goods, reimbursement of expenses made to the extent that he did not benefit from them, and did not receive their return from a third party and reimbursement of legal costs. This shall be without prejudice to the provisions on the obligation to compensate for damages under the general rules.
- The consumer shall also have the opportunity to use out-of-court complaint handling and claim settlement methods such as: Mediation at provincial inspectorates of the Trade Inspection, Permanent Consumer Arbitration Courts, Consumer Ombudsmen, NGOs.
- Detailed information on the possibility of use by the Buyer who is a Consumer of the out-of-court ways to resolve complaints and pursue their claims and the rules of access to amicable dispute resolution procedures are available in the offices and on the websites of district (city) consumer advocates, social organizations whose statutory tasks include consumer protection, Regional Inspectorates of the Trade Inspection, as well as the Office of Competition and Consumer Protection with its seat in Warsaw.
- If the buyer is a Consumer, any disputes arising on the grounds of the Rules of the Shop or sales agreements can also be resolved by the Internet platformhttp://ec.europa.eu/consumers/odr/
- Warranty claims shall be considered in accordance with the warranty, if such has been granted for the Goods.
- Warranty rights and rights to which the Consumer is entitled from the Seller under warranty are independent of each other.
Exclusion of the right to withdraw from the Sales Agreement
- In the case of an individual order, i.e. in relation to contracts, the object of which is the provision of goods not prefabricated, produced according to specifications of the Buyer or used to meet his individual needs, the Buyer has no right to withdraw from the contract concluded at a distance.
- Right of withdrawal from the contract concluded remotely is also not entitled to the Buyer in relation to contracts for the provision of services, if the Seller has fully performed the service with the express consent of the Buyer, who has been informed before the provision, that after the fulfillment of performance by the Seller will lose the right to withdraw from the contract.
- Seller provides to Buyers, by electronic means, free services such as: Form, Newsletter, Maintaining a User Account.
- Services are provided 7 days a week, 24 hours a day.
- The Newsletter service can be used by any Buyer who expresses a separate agreement to receive commercial information and enter their e-mail address, using the registration form provided by the Seller on the Store website. After submitting a completed registration form, the Buyer receives immediately, by e-mail to the e-mail address provided in the registration form, a confirmation from the Seller. At this moment an agreement on Newsletter service provision by electronic means shall be concluded.
- Each Newsletter contains information on the possibility and manner of resignation from the Newsletter service free of charge.
- The Customer may at any time resign from the Newsletter subscription service by unsubscribing from it through a link in each email message sent within the Newsletter service or by activating the appropriate field in the User Account.
- Seller processes buyers' personal data in order to carry out orders, to provide services by the Seller electronically and for other purposes specified in the Terms and Conditions. Data are processed only on the basis of legal provisions or consent given by the Buyer in accordance with applicable law.
- Seller protects personal data provided to him and makes every effort to protect them against unauthorized access or use.
- Seller passes the Buyer's personal data to the Supplier to the extent necessary to carry out the Delivery.
- Buyer has the right to access their personal data, correct them, request to stop processing, object to their processing and delete them.
- Consent to data processing can be withdrawn at any time, by submitting to the Seller an appropriate statement on a durable medium. The statement can be sent, for example, to the address of the Seller via e-mail.
- To gain access to or correct the processed personal data, please send a notification to the Seller to the following address: HERBE Agnieszka Trawińska, Pszenna 34, 10-833 Olsztyn, or by e-mail to: email@example.com
Buyer's obligations and protection of intellectual property
- the Buyer is obliged, in particular, to:
- use the e-Store in a manner that does not interfere with its functioning;
- not to take actions such as sending or placing within the e-Store unsolicited commercial information (spam);
- to use the e-Store in a manner not burdensome for other Buyers and the Seller;
- to use any content available at the e-Store only for personal use;
- using the e-Store in accordance with the provisions of the Polish law, the provisions of the Regulations and the general principles of Internet use.
- It is forbidden to use any materials published at the website of the Store (including photographs and descriptions of Goods) without the written consent of the Seller.