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Terms and conditions of the store
1 Preliminary provisions
- Online store New Century Arts sp. z o.o. available at the Internet address joannajakubas.com, is maintained by New Century Arts sp. z o.o. with its registered office in Warsaw entered into the National Court Register by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register, Commercial Division of the National Court Register under number KRS 0000691700, with a share capital of PLN 5,500,000, REGON: 140501601, NIP: 5252358850.
- These Regulations 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 Sale Agreements with the Customer at a distance via the Store.
- Consumer – a full-year-old natural person with full legal capacity concluding a contract with the Seller as part of the Store, the subject of which is not directly related to his business or professional activity.
- Seller – New Century Arts sp. z o.o. with its registered office in Warsaw (Ciasna 6, 00-232 Warsaw) entered into the National Court Register by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Department of the National Court Register, Commercial Department of the National Court Register under KRS number 0000691700, with a share capital of PLN 5,500,000, REGON: 140501601, NIP: 5252358850.
- Customer – any entity making purchases through the Store.
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing business activity on its own behalf, which uses the Store.
- Store – an online store run by the Seller at the Internet address joannajakubas.com.
- Distance contract – an agreement 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 exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
- Regulations – these terms and conditions of the Store.
- Order – the Customer’s declaration of will submitted using the Order Form and aimed directly at concluding a Product or Products Sale Agreement with the Seller.
- Account – the customer’s account in the Store, it collects data provided by the Customer and information about the Orders placed by him in the Store.
- Registration form – a form available in the Store, enabling the creation of an Account.
- Order Form – an interactive form available in the Store that allows you to place an Order, by adding Products to the Basket and specifying the terms of the Sale Agreement, including the method of delivery and payment.
- Basket – an element of the Store’s software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the number of products.
- Consumer law – the Act on Consumer Rights of 30 May 2014.
- Product – a movable item available in the Store / service that is the subject of the Sale Agreement between the Customer and the Seller.
- Sale Agreement – a Product sale agreement concluded or concluded between the Customer and the Seller via the Online Store. The Sale Agreement is also understood as – applying to the characteristics of the Product – a contract for the provision of services and a contract for specific work.
3 Contact with the Store
- Seller’s address: Ciasna 6, 00-232 Warsaw
- Seller’s e-mail address: email@example.com
- Seller’s bank account number: 90114010100000508076001001
- The Customer may communicate with the Seller using the addresses provided in this paragraph.
4 Technical requirements
To use the Store, including browsing the Store’s assortment and placing orders for Products, you must have:
- end device with access to the Internet and a web browser such as Google Chrome, Mozilla Firefox, Opera, Microsof Edge
- an active e-mail account (e-mail),
- cookies enabled.
5 General information
- The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized action 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 Regulations or by providing the necessary personal and address data enabling the implementation 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 at the time of expressing the will to be bound by the Sale Agreement.
- If the nature of the subject of the Agreement does not allow, reasonably assessing, for the prior calculation of the final (final) price, information on the manner in which the price will be calculated, as well as on charges for transport, delivery, postal services and other costs, will be given in the Store in the description of the Product.
6 Creating an Account in the Store
- To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: Username, e-mail address, password.
- Creating an Account in the Store is free.
- Logging in to the Account is done by entering the login and password established in the Registration Form.
- The Customer has the possibility at any time, without giving a reason and without incurring any fees, to delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.
7 Rules for placing an Order
To place an Order, you must:
select the Product that is the subject of the Order, and then click the “Buy Now” button (or equivalent);
8 Provide methods of delivery and payment offered
- The Customer may use the following methods of delivery or collection of the ordered Product:
- courier service,
- parcel lockers (paczkomaty).
- The customer can use the following payment methods:
- Electronic payments, including fast electronic payments
- Payment by credit card
- Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.
9 Performance of the sales contract
- The conclusion of the Sale Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
- 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 by the Seller to the Customer an appropriate e-mail message to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s statements on receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sale Agreement. Upon receipt by the Customer of the above e-mail, the Sale Agreement is concluded between the Customer and the Seller.
- If chosen by the Customer:
- payment by bank transfer, electronic payments or payment by payment card, the Customer is obliged to make the payment immediately from the date of conclusion of the Sale Agreement – otherwise the order will be canceled.
- payment on delivery on delivery, the Customer is obliged to make the payment on delivery.
- The Product will be sent by the Seller on the date indicated in its description (subject to paragraph 5 of this paragraph), 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.
- The beginning of the period of delivery of the Product to the Customer is counted as follows:
- If the Customer chooses 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 conclusion of the Sale Agreement,
- Delivery of the Product takes place only in Poland when paying on delivery.
- Delivery of the Product takes place in Poland and around the world, excluding sanctioned countries.
- Delivery of the Product to the Customer is payable, unless the Sale Agreement provides otherwise. The costs of delivery of the Product (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 the will to be bound by the Sale Agreement.
10 Right of withdrawal
- The Consumer has the right to withdraw from a distance contract, without giving a reason and without incurring costs (pursuant to Article 27 of the Consumer Law), except for the costs specified in Article 33, Article 34 of the Consumer Law.
- The Consumer may withdraw from the Sale Agreement within 14 days without giving any reason.
- The withdrawal period begins with the delivery of the Product to the Consumer or a person indicated by him other than the carrier.
- The Consumer may withdraw from the Sale Agreement by submitting a statement of withdrawal from the Sale Agreement to the Seller. To meet the deadline for withdrawal from the Sale Agreement, it is sufficient for the Consumer to send a statement before the expiry of this period.
- The statement may be sent to the Seller by traditional mail or by e-mail by sending a statement to the Seller’s e-mail address. The statement may also be submitted on the form, the template of which is attached as Annex 1 to these Regulations and an annex to the Act of 30 May 2014 on consumer rights.
- In the case of sending the statement by the Consumer electronically, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the statement of withdrawal from the Sale Agreement.
- Consequences of withdrawal from the Sale Agreement:
- In the event of withdrawal from the Sale Agreement concluded at a distance, the Sale Agreement shall be deemed not to have been concluded.
- In the event of withdrawal from the Sale Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Sale Agreement, all payments made by him, including the costs of delivery of the item, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
- The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him.
- The Seller may withhold the refund of the payment until the Product is received back or until proof of its return has been provided to the Seller, whichever occurs first.
- The Consumer should send the Product back to the Seller’s address provided in these Regulations immediately, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Sale Agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period.
- 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 be sent back by post in the usual way.
- The Consumer is only responsible for the decrease in the value of the Product resulting from the use of it in a manner other than was necessary to determine the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be sent back by ordinary mail, information about this, as well as the cost of returning the Product, will be included in the description of the Product in the Store.
- The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Sale Agreement:
- in which the 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 package, which after opening the package cannot be returned due to health protection or hygienic reasons, if the packaging was opened after delivery,
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the performance of the service by the Seller will lose the right to withdraw from the Sale Agreement,
- 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 withdrawal from the Sale Agreement,
- in which the subject of the service are things that, after delivery, due to their nature, are inseparably connected with other things,
- in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the packaging was opened after delivery,
- for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline for withdrawal from the contract and after informing him by the Seller about the loss of the right to withdraw from the Sale Agreement,
- the product used is not refundable.
11 Complaint and warranty
- The Sale Agreement covers new Products.
- The Seller is obliged to provide the Customer with an item free from defects.
- In the event of a defect in the goods purchased from the Seller, the Customer has the right to complain based on the provisions on warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
- The complaint should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations.
- It is recommended to include in the complaint m.in a concise description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the goods.
- The Seller will respond to the complaint request immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s request was considered justified.
- The Seller will respond to the complaint request 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 request within 14 days, it is considered that the Customer’s request was considered justified.
- Goods sent back as part of the complaint procedure should be sent to the address provided in § 3 of these Regulations.
- The consumer returns the goods at his own expense, bearing the direct costs of return.
- The consumer is responsible for reducing the value of the item being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the item.
- The Seller withholds the refund of the payment received from the Consumer until the item is received back or the Consumer provides proof of its return, depending on which event occurs earlier.
- Companies are excluded from the warranty.
12 Personal data in the Online Store
- The administrator of Customers’ personal data collected through the Online Store is the Seller.
- Customers’ personal data collected by the administrator via the Online Store are collected to implement the Sale Agreement, and if the Customer agrees to it – also for marketing purposes.
- The recipients of personal data of the Customers of the Online Store may be:
- In the case of a Customer who uses the method of delivery by post or courier in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary performing shipments at the request of the Administrator.
- In the case of a Customer who uses the electronic payment method or a payment card in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
- The customer has the right to access their data and correct it.
- Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude the Sale Agreement results in the inability to conclude this contract.
13 Final provisions
- Agreements concluded through the Online Store are concluded in Polish.
- The Seller reserves the right to make changes to the Regulations for important 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 Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
- In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Act on Consumer Rights, the Act on the Protection of Personal Data.
- The Customer has the right to use out-of-court methods of dealing with complaints and pursuing claims. To this end, it may lodge a complaint via the EU ODR online platform available at http://ec.europa.eu/consumers/odr/.