Store regulations

§1
General provisions
  1. These Regulations are addressed to both consumers, entrepreneurs and entrepreneurs with consumer rights who use the Online Store.
  2. The Regulations define the rules for using the services offered by the Service Provider and apply to all relations between the Service Provider and the Client.
  3. The service provider is Yuliia Markova, conducting business activity under the name of Miriam Yuliia Markova, ul. Sucha 39a/44, 80-531, Gdańsk, entered into the Central Register and Information on Business Activity, NIP: 9571159632, REGON: 525585876, e-mail: miriam.bjew@gmail.com , telephone number: 577 784 476.
§2
Definitions
  1. Customer – a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; a legal person; a natural person conducting business activity; an organizational unit without legal personality, to which the law grants legal capacity; who has concluded or intends to conclude a Sales Agreement with the Service Provider.
  2. Consumer – a natural person concluding an agreement with the Service Provider that is not directly related to his or her business or professional activity.
  3. An entrepreneur with consumer rights – a natural person conducting business activity who concludes a legal transaction with the entrepreneur – a purchase – not directly related to the business or professional activity conducted by him/her.
  4. Service Provider – Yuliia Markova, conducting business activity under the name of Miriam Yuliia Markova, ul. Sucha 39a/44, 80-531, Gdańsk, entered into the Central Register and Information on Business Activity, NIP: 9571159632, REGON: 525585876, e-mail: miriam.bjew@gmail.com , telephone number: 577 784 476
  5. Goods – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Service Provider.
  6. Online store – a domain that allows you to purchase the Service Provider's goods electronically, available at the following internet address: www.miriam-shop.pl
  7. Sales Agreement – ​​a goods sales agreement concluded or entered into between the Customer and the Service Provider via the Online Store.
  8. Registration form – a form available in the Online Store enabling the creation of an Account.
  9. Order Form – an interactive form available in the Online Store enabling the placement of an Order, in particular by adding goods to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  10. Account – a set of resources in the Service Provider’s IT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him in the Online Store are collected.
  11. Order – a declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding a Goods Sales Agreement with the Service Provider.
  12. Working day – one day from Monday to Friday, excluding public holidays.

§3

Providing services electronically
  1. Through the Store, the Service Provider provides the Customer with services electronically, as well as sales with delivery.
  2. The basic service provided electronically to the Customer by the Service Provider is to enable the Customer to place an order in the Store leading to the conclusion of an agreement with the Service Provider. Placing an order is possible without the need to have an Account in the Store.
  3. Additional services provided electronically to the Customer by the Service Provider are:
     a. the possibility of creating an Account in the Store.
    i. Creating an Account allows, among other things, easier ordering and saving the history of previous orders. Access to the service is free of charge, and the use of the service is possible after the Customer has completed the following steps:
     I. providing an e-mail address (which becomes the login to the Account),
     II. receiving an e-mail with an automatically generated password for the Account,
     III. change password.
    ii. The Account electronic service is provided free of charge for an indefinite period. The Customer may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: monika@manufakturacalma.pl or in writing to the address: ul. Jana Skrzetuskiego 13, 81-577 Gdynia.
     b. using the Order Form.
     c. The use of the Order Form begins when the Customer adds the first product to the electronic basket in the Online Store. The Order is placed after the Customer completes two consecutive steps:
    I. completing the Order Form
     II. clicking on the "Place an Order" field on the Online Store website after filling out the Order Form - up to this point it is possible to modify the entered data yourself (for this purpose, follow the displayed messages and information available on the Online Store website)
     ii. In the Order Form, the Customer must provide the following data concerning the Customer:
     I. name and surname/company name,
     II. address (street, house/apartment number, postal code, city, country),
    III. e-mail address,
     IV. contact telephone number and data regarding the Sales Agreement,
     V. product/s,
     VI. quantity of goods/items,
     VII. place and method of delivery of the goods/goods,
     VIII. Tax Identification Number (if the Customer is not a Consumer).
    d. The Electronic Order Form Service is provided free of charge and is of a one-off nature and ends when the Order is placed via it or when the Customer stops placing the Order via it earlier.
     e. sending the Newsletter.
     f. Receiving messages as part of the Newsletter is possible after providing an e-mail address and accepting consent by checking the checkbox;
    g. The Newsletter service allows for sending the Customer, with his consent, free e-mail messages of a marketing nature, in particular those regarding the Service Provider's offer - promotions, discount codes, new products.
     h. If the Customer wishes to resign from this service, he/she selects the "Resign from newsletter" option, which appears as a separate field in the footer of each e-mail sent by the Service Provider as part of the aforementioned service.
  4. The customer is obliged to:
     a. use the Online Store in a manner consistent with the law and good practices, taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider and third parties;
    b. entering data consistent with the actual state of affairs.
  5. The Customer is prohibited from providing content of an illegal nature.
§4
Terms and conditions of concluding a sales contract
  1. To use the Store, it is not necessary for the Customer's computer or other device to meet any special technical requirements. The following are sufficient:
     a. Internet access,
     b. Standard operating system,
     c. Standard web browser,
     d. Having an active email address.
  2. The conclusion of the Sales Agreement between the Customer and the Service Provider takes place after the Customer places an Order using the Order Form in the Online Store.
  3. The Customer may not make a purchase in the Store anonymously or under a pseudonym. In the Order Form, the Customer must provide true personal data. The Customer is liable for providing false personal data. The Service Provider reserves the right to suspend the execution of the order in a situation where the Customer has provided false data or when such data raises justified doubts of the Service Provider as to its correctness. In such a case, the Customer will be informed by phone or e-mail about the Service Provider's doubts. In such a situation, the Customer has the right to explain all circumstances related to verifying the truthfulness of the data provided. In the absence of data allowing the Service Provider to contact the Customer, the Service Provider will provide all explanations after the Customer has contacted them.
  4. The price of the goods displayed on the Online Store website is given in Polish zloty and includes taxes. The total price including taxes of the goods that are the subject of the Order, as well as the delivery costs (including transport, delivery and postal charges) and other costs, and if the amount of these charges cannot be determined - the obligation to pay them, the Customer is informed on the Online Store website during the placement of the Order, including when the Customer expresses their will to be bound by the Sales Agreement.
  5. The procedure for concluding a Sales Agreement in the Online Store using the Order Form:
     a. The conclusion of the Sales Agreement between the Customer and the Service Provider takes place after the Customer places an Order in the Online Store in accordance with the provisions of the Regulations.
    b. After placing the Order, the Service Provider immediately confirms its receipt and at the same time, after receiving the payment, accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending an appropriate e-mail message by the Service Provider to the Customer to the Customer's e-mail address provided when placing the Order, which contains at least the Service Provider's statements about receiving the Order and its acceptance for execution and confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above e-mail message, a Sales Agreement is concluded between the Customer and the Service Provider.
  6. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by:
    a. making these Regulations available on the Online Store website
     b. sending an e-mail to the Customer.
  7. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Service Provider's Online Store.
§5
Withdrawal from the contract
  1. The Customer declares that he is aware that due to the specificity of the goods and their individual manual creation, it is impossible to perfectly reproduce the goods presented in the illustrative photos.
  2. Complaint procedure:
    a. The right of withdrawal is available to customers who are consumers and entrepreneurs to whom this right is granted under separate provisions.
     b. A customer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs. To meet the deadline, it will be sufficient to send a statement before it expires.
     c. An example of a withdrawal form template is included in the appendix to the Consumer Rights Act. The customer may use the withdrawal form template, but this is not obligatory and does not condition the correct exercise of this right.
    d. Complaints related to the provision of the Sales Service and Electronic Services may be submitted by the Customer, for example:
     i. in writing to the following address: ul. Sucha 39a/44, 80-531, Gdańsk
  3. in electronic form to the following address: miriam.bjew@gmail.com
     c. In the description of the complaint, the Customer is required to provide:
     i. information and circumstances relating to the subject of the complaint, in particular the type and date of the irregularity;
     ii. Customer requests;
    iII. contact details of the person submitting the complaint
     f. The Service Provider will respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
  4. In connection with art. 38 point 3 of the Consumer Rights Act in the wording " The right to withdraw from a contract concluded outside the business premises or at a distance does not apply to the consumer in relation to contracts: (...) 3) in which the subject of the provision is a non-prefabricated product, manufactured according to the consumer's specification or intended to meet his individual needs; " the Customer declares that he is aware that in the event of creating a product for him in accordance with his individual needs, the Customer loses the right to withdraw from the Contract, of which he is additionally informed when placing an order via the Form.
§6
Payment methods and terms
  1. The customer is obliged to make the payment immediately after accepting the final order. The online store redirects the customer to selected payment systems:
     a. przelewy24 payment system via PayPro SA with its registered office in Poznań (ul. Pastelowa 8, 60-198 Poznań), NIP: 7792369887, KRS: 0000347935, REGON: 301345068. Transactions are settled in accordance with the terms and conditions of this service available on the przelewy24.pl website.
  2. The seller sends the customer a receipt together with the order to the address indicated by the customer.
  3. After receiving the payment from the Customer, the Service Provider begins to provide the Service.
§7
Cost, methods and delivery time
  1. The beginning of the delivery period of the goods is counted from the date of crediting the bank account or settlement account of the Service Provider and is counted in Business Days.
  2. Delivery of goods is available within Poland.
  3. Delivery of goods to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The costs of delivery of goods (including transport, delivery and postal fees) are indicated to the Customer on the Online Store website and during the placement of the Order, including when the Customer expresses their will to be bound by the Sales Agreement.
  4. Personal collection of goods by the Customer is not possible.
  5. The Service Provider provides the Customer with the following methods of delivering goods:
    a. shipment made via Inpost parcel locker service
  6. The term of sending the Order to the Customer is up to 7 Business Days, unless a different term is given in the description of the given product or when placing the Order. In the case of products with different delivery times, the delivery date is the longest given date.
  7. The Service Provider undertakes to ship the shipment on time, but is not responsible for any delays in delivery that are not due to its fault.
  8. If the Customer provides an incorrect or inaccurate address, the Service Provider shall not be liable for non-delivery or delay in delivery of the subject of the service.
§8
Obligations of the Service Provider
  1. The basis and scope of the Service Provider's liability towards the Customer if the goods sold have a physical or legal defect are defined by generally applicable provisions of law.
  2. The Service Provider is not responsible for defects in the goods resulting from non-recommended use by the Customer. Information on the properties of the goods together with the recommended use is available on the Online Store website and on leaflets added to the shipment.
  3. The Service Provider undertakes to ensure uninterrupted access to the Store and to ensure the security of transactions carried out via the Store.
  4. The Service Provider shall not be liable for any damage incurred by the Customer as a result of faulty operation of the devices with which the Customer uses the Website and Services.
  5. The Service Provider is not responsible for the operation of interfaces and links that are not owned or operated by it.
  6. The Service Provider shall not be liable for any disruptions, including interruptions, in the functioning of the Store caused by force majeure or unauthorized actions of third parties.
  7. The Service Provider undertakes to execute Orders within the agreed time and to maintain pleasant contact with the Customer through the means indicated in the Regulations.
§9
Personal data in the online store
  1. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data are processed for the purposes, within the scope and based on the principles indicated in the Regulations.
  2. Every person whose personal data is processed by the Service Provider has the right to:
     a. their individual control
     b. their corrections and additions
     c. their removal
     d. restrictions on their processing
     e. their transfer
     f. lodge a complaint with the supervisory authority.
  3. Personal data of Customers obtained by the administrator via the Online Store are collected – in accordance with the will of the Customer – in order to execute the Sales Agreement or the agreement for the provision of Electronic Services.
  4. Providing personal data is always voluntary, but in certain cases – indicated each time when using the Online Store – failure to consent to the processing of data may result in the impossibility of placing an order.
  5. Possible recipients of personal data of Online Store Customers:
     a. in the case of a Customer who uses the courier delivery method in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out the shipments on behalf of the Administrator;
    b. in the case of a Customer who uses electronic payment or payment card payment 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.
  6. In the event that the same Customer places an order again using the Account Electronic Service, the Order Form may be completed automatically and the Customer's data may be stored on his/her device.
  7. Customers' personal data will not be transferred to third parties for marketing purposes.
  8. In all matters relating to the protection of personal data, the Client may contact:
     a. in writing to the following address: ul. Sucha 39a/44, 80-531
    b. in electronic form to the following address: miriam.bjew@gmail.com .
§10
Extrajudicial methods of dealing with cases and pursuing claims
  1. The Service Provider agrees to submit any disputes arising in connection with the concluded agreements to mediation proceedings. The details will be determined by the parties to the conflict.
  2. The consumer has the option of using out-of-court complaint and claim settlement methods. Among others, he/she has the option of:
     a. to apply to a permanent consumer arbitration court with a request to resolve the dispute arising from the concluded contract,
    b. to apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings to amicably resolve the dispute between the Customer and the Service Provider,
     c. seeking assistance from the district (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection.
  3. More detailed information on out-of-court complaint and claim settlement procedures can be found on the website http://polubowne.uokik.gov.pl.
  4. 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 out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a service contract.
§11
Final provisions
  1. The Service Provider is entitled to unilaterally introduce changes or additions to these regulations at any time, about which the Client will be informed by e-mail. If the Client does not object to the changes within 14 days, the Regulations shall apply to him in their new form, with the changes made.
  2. The terms of cooperation are defined solely by the Regulations. All information or advertising materials regarding cooperation and the Service are for information purposes only and are not legally binding.
  3. The common court with jurisdiction to hear disputes arising from the regulations is the court with jurisdiction over the registered office of the Service Provider.