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The vandahlen online store, available at https://sylwiakrolikowska.com (hereinafter ‘Store’), is run by the Van Dahlen Group Sylwia Królikowska-Evenhuis, operating at: Wola Batorska 419 Street, postal code: 32-007 Wola Batorska, with a Tax Tdentification Number (NIP No.): 8512812136, and with a Statistical Identification Number (REGON No.): 120444110.
The Terms and Conditions herein are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online store and the rules and procedure for concluding DistanceSales Contracts with the Customer via the Store.
2 Defined terms
Seller – Van Dahlen Group Sylwia Królikowska-Evenhuis, operating at: Wola Batorska 419 Street, postal code: 32-007 Wola Batorska, with a Tax Identification Number (NIP No.): 8512812136, and with a Statistical Identification Number (REGON No.): 120444110.
Customer – each entity making purchases through the Store.
Distance contract – contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
Terms and Conditions–terms and conditions herein.
Order – Customer’s declaration of will submitted via the Order Form and aimed directly at concluding the Product Sales Contract with the Seller.
Registration form – a form available in the Store, enabling the creation of an Account.
Order Form – an interactive form available in the Store that enables placing an Order, in particular by adding Products to the Cart and defining the terms of the Sales Contract, including the method of delivery and payment.
Cart – an element of the Store’s software, in which the Products selected for purchase are visible, and the Order’sdata, in particular the quantity of products, may be determined and modified.
Product – a movable item / service available in the Store which is the subject of the Sales Contract between the Customer and the Seller.
Sales Contract – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.
Online Store– the Seller’s Online Store available at the following Internet address: https://sylwiakrolikowska.com.
Order – the Customer’s declaration of will submitted via the Order Form.
Business Day – one day from Monday to Friday, excluding public holidays.
Consumer Rights Act – the Act of 30 May 2014 on consumer rights.
Civil Code – the Civil Code Act of April 23, 1964.
3 Contact information
Seller’s address: Wola Batorska 419 Street,postal code: 32-007 Wola Batorska
Seller’s bank account number: 04 1140 2004 0000 3402 4642 6655 mBank SA Banking Branch.
The Customer may communicate with the Seller using the addresses and telephone numbers provided above in this paragraph.
The Customer may communicate by phone with the Seller, from Monday to Friday between 8 am and 4 pm.
4 Technical requirements
To use the Store, including browsing the Store’s assortment and placing Orders for Products, you need:
terminal device with access to the Internet and a web browser that supports the latest web technologies,
an active e-mail account (e-mail),
enabling the cookies.
5 General information
The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including the 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.
Browsing the Store’s assortment does not require creating an Account. Placing Orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data enabling the completion of the Order without creating an Account.
The prices given in the Store are given in Polish zlotys and are gross prices (including VAT)
The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery, and postal services), about which the Customer is informed on the Store’s website when placing the Order, including when expressing the will to be bound by the terms of the Sales Contract.
When the nature of the subject of the Contract does not allow, judging reasonably, to calculate the final price in advance, information on the way in which the price will be calculated, as well as charges for transport, delivery, postal services, and other costs, will be given in the Store in the Product description.
Payments are handled by PayPro Spółka Akcyjna (joint-stock company) with its registered office in Poznań at Kanclerska 15 Street, postal code: 60-327 Poznań, KRS: 0000347935, NIP number 7792369887, payment service operator Przelewy24.
6 Rules for Placing Orders
To successfully place an Order:
Fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details, if different from the recipient’s details.
Choose one of the available payment methods and, depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3.
Click the “Order and pay” button.
7 Offered methods of delivery and payment
The Customer may use the following methods of delivery or collection of the ordered Product:
The Customer may use the following payment methods:
Detailed information on delivery methods and acceptable methods payments can be found on the Store’s website.
8 Performance of the Sales Contract
The conclusion of the Sales Contract between the Customer and the Seller occurs after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 hereinabove.
After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation as well as a confirmation of the conclusion of the Sales Contract. Upon receipt of the above e-mail by the Customer, a Sales Contract is concluded between the Customer and the Seller.
If the Customer selects electronic payments, the Customer is obliged to make immediate payment, otherwise the order will be cancelled.
If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
in the case of ordering Products with different delivery dates, the delivery date is the longest given date.
in the case of ordering Products with different delivery times, the Customer has the option of requesting delivery of the Products in parts or delivery of all Products after completing the entire order.
The commencement of the period for delivery of the Product to the Customer shall becalculated as follows:
If the Customer selects the method of payment by bank transfer, electronic payment, or payment card – from the date of crediting the Seller’s bank account.
If the Customer chooses the method of payment on delivery – from the date of concluding the Sales Contract,
If the Customer selects a personal Product collection, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer’s e-mail address provided when placing the Order.
In the case of ordering Products with different terms of readiness for collection, the date of readiness for collection is the longest given date.
Product delivery shall only take place in Poland.
The delivery of the Product to the Customer is payable unless the Sales Contractstipulates otherwise. Product delivery costs (including fees for transport, delivery, and postal services) are indicated to the Customer on the Online Store’s website in the “Delivery costs” tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Contract.
9 The right to rescission
CONSUMER. This section of the Terms and Conditions and the provisions contained hereinbelow apply only to Customers who are Consumers.
The Consumer may rescind from the Sales Contract within 14 days without providing any reasons for said decision and without incurring any costs.
The period specified in sec. 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.
In the case of aContract that includes many Products that are delivered separately, in batches or in parts, the time limit specified in sec. 1 commences from the delivery of the last item, batch or part.
In the case of aContractinvolving the regular delivery of Products for a specified period of time, the date specified in sec. 1 commences taking possession of the first thing delivered.
The Consumer may rescind the Contract by submitting to the Seller a declaration (statement) of its rescission of the Contract. In order tosatisfy the deadline for rescinding the Contract, it suffices for the Consumer to send said declaration before its expiry.
The aforementioned statement of rescission may be sent either by traditional mail or via e-mail by sending a statement to the Seller’s e-mail address or, alternatively, by submitting a statement on the Seller’s website – the Seller’s contact details are specified in § 3 herein. Moreover, the statement can also be submitted on the form whosetemplate constitutes Appendix 1 hereto and an attachment to the Act of May 30, 2014, on consumer rights, howeverthat is not obligatory.
If the Consumer sends the declaration via e-mail, the Seller shall immediately send the Consumer a confirmation of receipt of the declaration of rescission of the Contract to the e-mail address provided by the Consumer.
Consequences of rescinding the Contract are as follows:
In the event of rescissionof the distance contract, the Contract shall be deemed not to have been concluded at all.
In the event of rescission of the Contract, the Seller shall immediately return to the Consumer, not later than within 14 days from the date of receipt of the Consumer’s statement on its rescissionof the Contract, all payments made by it, including the costs of delivering the goods, except for additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest usual delivery method offered by the Seller.
The reimbursement shall be made by the Sellerby using the same payment methods that were utilized by the Consumer in the original transaction unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.
The Seller may withhold the reimbursement until the Product is received back or until proof of its return is provided to it, whichever occurs first.
The Consumer should return the Product to the Seller’s address provided hereinabove immediately, no later than 14 days from the date on which it informed the Seller about rescission from the Contract. The deadline shall be satisfied if the Consumer sends the Product back within 14 days.
The Consumer bears the direct costs of returning the Product, including the costs of returning the Product, if, due to its nature, the Product could not have been returned by post.
The Customer is only liable for the reduction in the value of the Product resulting from using it in a different way than was necessary to determine the nature, characteristics and functioning of the Product.
If, due to its nature, it is not possible for the Product to be returned by post, information about said fact, as well as about the costs of returning the Product, shall be included in the Product’s description in the Store.
The Customer is not entitled to rescind a distance contract:
in which subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs,
in which the subject of the service is an item delivered in a sealed packaging which, after its opening, cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery,
in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline for rescinding the Contract,
in which the subject of the service are items that, after delivery, due to their nature, are inseparably connected with other items,
in which the subject of the service are sound or visual recordings or computer software delivered in sealed packages, if the packaging has been opened after delivery,
for the delivery of digital content that is not recorded on a tangible data carrier, if the performance of the service began with the express consent of the Consumer before the deadline to rescind the Contract and after having been informed by the Seller about the loss of the right to rescind the Contract.
11 This paragraph of the Terms and Conditions and the provisions contained hereinbelow apply only to thoseclients who are not Consumers.
The right to withdraw from the contract ENTREPRENEUR
The Seller has the right to rescind from the Sales Contract concluded with the Customer who is not a Consumer within 14 calendar days from the date of its conclusion. Rescission from the Sales Contract in this case may take place without giving reasons and shall give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
In the case of Customerswho are not Consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Contract.
Upon the release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall be transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is delivered to the Customer, and for delay in shipping.
If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such parcels.
If the Customer finds that during the transport there was a loss or damage to the Product, he is obliged to take all steps necessary to determine the liability of the carrier.
Pursuant to article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a consumer is excluded. The Seller’s liability towards the Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the price paid and delivery costs under the Sales Contract, however, not exceeding the amount of one thousand zlotys in total. The Seller is liable to the Customer who is not a consumer only for typical damage foreseeable at the time of concluding the Contract and shall not beliable for lost benefits in relation to the Customer who is not a consumer.
Any disputes arising between the Seller and the Customer who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Seller.
10 Complaints and Warranty
The Sales Contracts covers new Products.
The Seller is obliged to provide the Customer with an item free from any defects.
In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the relevant applicable provisions on warranty in the Civil Code. Warranty disclaimer: if the Customer is an Entrepreneur, the Parties hereby exclude liability under the warranty.
Complaints regarding the defects in the goods should be submitted in writing or electronically to the Seller’s addresses provided in Terms and Conditions herein.
The Seller shall respond to the complaint immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, the Customer’s request shall be deemed to be justified
Goods returned under the complaint procedure should be sent to the following address Parkowa 61, 06-400 Ciechanów 3. If a guarantee has been granted for the Product, information about it, as well as its contents, will be included in the description of the Product in the Store.
11 Out-of-court complaint processing and redress
Detailed information on the possibility for the Consumer to use out-of-court means of processing complaints and pursuing claims as well as the rules of access to these procedures are available at the registered offices and on the websites of powiat (municipal) Consumer Advocate, social organizations whose statutory objectives include consumer protection, voivodeship Inspectorates of the Trade Inspection and at the following internet 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 and http://www.uokik.gov.pl/wazne_adresy.php.
The Consumer has the right to avail itself of the following exemplary out-of-court means of handling complaints and pursuing claims:
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 the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Contract concluded with the Seller.
The Consumer is entitled to apply to the Regional Inspector of Commercial Inspection pursuant to Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
The Consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
12 Personal data in the Online Store
The controller (hereinafter ‘Controller”) of the personal data of Customers collected via the Online Store is the Seller.
Customers’ personal data collected by the Controller via the Online Store are collected toperform the Sales Contract, and if the Customer agrees – also for marketing purposes. Customers’ personal data collected by the Controller via the Online Store are collected to implement the Sales Contract, and if the Customer agrees – Includingthe marketing purposes.
The recipients of the personal data of the Customers of the Online Store may be a. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing the shipment at the request of the Administrator. b. In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.
The Customer has the right to access their data and correct its personal data.
Providing personal data is voluntary, but failure to provide the personal data indicated in the Terms and Condition necessary to conclude a Sales Contract result in the inability to conclude this Contract.
13 Final provisions
Contracts concluded through the Online Store are concluded in Polish.
The Seller reserves the right to amend the Regulations for valid and compelling reasons, that is: changes in the law, changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
In the case of concluding continuous contractsunder these Regulations (e.g. the provision of Electronic Services – Account), the amended regulations bind the Service Recipient if the requirements specified in Art. 384 and 384 of the Civil Code, i.e. the Service Recipient has been properly notified about the changes and has not terminated the contract within 14 calendar days from the date of notification. If the amendment to the Regulations results in the introduction of any new fees or an increase in the existing fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
If, based on Terms and Conditions, contracts of a different nature than continuous Contracts (e.g. Sales Contract) are concluded, the amendments to the Terms and Conditionsshall not in any way infringe the rights of Customers who are consumers that were acquired by them before the effective date of the amendments.In particular,said amendments shallnot apply to and have any impact on the Orders which were already placed concluded as well as on the executed or performed Sales Contracts.
In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish lawin particular: the Civil Code; the act on the provision of electronic services; Consumer Rights Act, thePersonal Data Protection Act shall apply,
Customer has the right to use out-of-court means of dealing with complaints and redress. For this purpose, he may submit a complaint via the EU ODR internet platform available at: http://ec.europa.eu/consumers/odr/.