TERMS AND CONDITIONS OF USING THE WEBSITE AND GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES BY NASZNURECZKU.PL

These Regulations define the rules for using the website, general terms and conditions, and the method of providing electronic services by NaSznureczku.pl, handmade decorations Agnieszka Iwaszczenko based in Wilczyce, hereinafter referred to as "NaSznureczku.pl", via the online store Nasznureczku.pl, called hereinafter referred to as the "Store". The Regulations apply to all free services provided by NaSznureczku.pl and the ordering process.

§1

GENERAL INFORMATION

  1. The owner of the online store run in the internet domain Nasznureczku.pl is Agnieszka Iwaszczenko running a business under the name NaSznureczku.pl, handmade decorations Agnieszka Iwaszczenko, ul. Magnoliowa 14 lok. 3, 51-361 Wilczyce, province dolnośląskie, NIP: 8982052875, REGON: 362917784, entered into the Central Register and Information on Economic Activity supervised by the Ministry of Entrepreneurship and Technology, e-mail address: [email protected], telephone contact: +48 793 455 082.
  2. These Regulations are addressed to both consumers and non-consumer customers using the Store, with the exception of §10 of the Regulations, which is addressed only to non-consumer customers.
  3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is NaSznureczku.pl. Personal data is processed for purposes within the scope and on the basis of the principles set out in the Privacy and Security Policy published on the Store's website. Providing personal information is voluntary. Any person whose personal data is processed by NaSznureczku.pl has the right to inspect their content and the right to update, correct them, the right to delete data, commonly known as the "right to be forgotten", the right to transfer data.
  1. Definitions:
  2. NaSznureczku.pl - the owner of the Store specified in §1 paragraph 1;
  3. Store - an internet platform operating in the domain Nasznureczku.pl;
  4. Regulations - a document specifying the rules of using the Store, general terms and conditions, and the manner of providing services, including electronic services by NaSznureczku.pl;
  5. Business day - one day from Monday to Friday, excluding public holidays;
  6. Client - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes legal capacity; - who has concluded or intends to conclude a Sales Agreement with NaSznureczku.pl and uses or intends to use at least one Electronic Service;
  7. Civil Code - the Civil Code Act of April 23, 1964 (Journal of Laws of 1964 No. 16, item 93, as amended);
  8. Registration form - a form available in the Store that allows you to create an Account;
  9. Order form - Electronic service, an interactive form available in the Store that allows placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including payments;
  10. Account - Electronic service, marked with an individual name (login) and password provided by the Customer. Upon creating the Account, the Customer becomes the sole owner of the access data to the Account;
  11. Product - a movable item available in the Store which is the subject of the Sales Agreement between the Customer and NaSznureczku.pl;
  12. Sales contract - Product sales contract concluded or concluded between the Customer and NaSznureczku.pl via the Store;
  13. Electronic service - a service provided electronically by NaSznureczku.pl to the Customer via the Store;
  14. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended);
  15. Order - Customer's declaration of will submitted via the Order Form and aimed directly at concluding a Sales Agreement with NaSznureczku.pl ;
  16. Customer Panel - an area in the Store where the Customer, after creating an Account, can obtain information on orders being processed, access the order history, the possibility of changing the password, personal data and other additional information provided by the Customer;

§2

ELECTRONIC SERVICES PROVIDED BY NASZNURECZKU.PL

  1. NaSznureczku.pl provides customers in the Store with the following electronic services:
  2. The customer is obliged to use the Store in a manner consistent with the law and morality, taking into account personal rights, copyrights and intellectual property of NaSznureczku.pl and third parties. The customer is obliged to enter data in accordance with the facts. The Customer is prohibited from providing illegal content.
  3. Complaints related to the provision of Electronic Services by NaSznureczku.pl and other complaints related to the operation of the Store (excluding the Product complaint procedure, which is presented in §7 of the Regulations), the Customer has the right to submit:
  4. in writing (by correspondence) to the following address: Agnieszka Iwaszczenko, ul. Magnoliowa 14 lok. 3, 51-361 Wilczyce.
  5. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the occurrence of irregularities; (2) customer requests; and (3) contact details of the person submitting the complaint - this will facilitate and speed up the consideration of the complaint by NaSznureczku.pl. The requirements set out in the preceding sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  6. The reply to the complaint by NaSznureczku.pl takes place immediately, no later than within 14 calendar days from the date of its delivery or receipt to the e-mail address.
    1. Account - creating and using the Account is possible after completing two consecutive steps by the Customer - (1) filling in the correct data of the Registration Form, consistent with the actual state, (2) clicking on the "Create an account" field. In the Registration Form, it is necessary for the Customer to provide the following data: e-mail address, password, name and surname. Providing data is voluntary, but necessary to use the provided Electronic Service. The service is provided free of charge for an indefinite period. The Customer has the option, at any time and without giving a reason, to delete the Account (resignation from the Electronic Service) by sending an appropriate request to NaSznureczku.pl, in particular via e-mail to the following address: [email protected] or in writing (by correspondence) to the address : Agnieszka Iwaszczenko, ul. Magnoliowa 14 lok. 3, 51-361 Wilczyce .
    2. Inquiry form - each contact form provided in the Store, a service provided by NaSznureczku.pl free of charge, giving the opportunity to submit an inquiry regarding the offer and content made available in the Store. Submitting an inquiry via the Inquiry Form is voluntary. In order to use the form, you must complete all the required fields, i.e. provide the data necessary to perform the service, different depending on the selected form, but necessary to provide an appropriate answer. The data provided will be processed in accordance with the Privacy and Security Policy available in the Store. By using the Inquiry Form, the Customer agrees to the processing of his personal data contained in the form in order to receive an answer to the question asked.
    3. Order form - a service provided free of charge, is of a one-off nature and ends when the Order is placed through it or when the Customer stops placing the Order through it.
  1. Technical requirements recommended for cooperation with the IT system used by NaSznureczku.pl: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 50.0 or higher, Internet Explorer version 11.0 or higher, Opera version 35.0 or higher, Google Chrome version 48.0. or higher, Safari 10.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling in the web browser the option of saving "cookies" and Javascript.
    1. in electronic form via e-mail to the following address: [email protected];

§3

THE CONTRACT OF SALE AND THE CONDITIONS FOR IT

  1. Before concluding the Sales Agreement, the Customer may contact NaSznureczku.pl by e-mail at the e-mail address [email protected], in order to determine the individual features of the Product. As a result of determining the individualized features of the Product, it is added to the offer on the Store's website and made available to the Customer in order to conclude a Sales Agreement in accordance with §3 para. 4 of the Regulations.
  2. The conclusion of the Sales Agreement between the Customer and NaSznureczku.pl takes place after the Customer has placed the Order via the Order Form in the Store.
  3. The Product price visible in the Store is given in Polish zlotys and includes taxes (gross price). The total price including taxes of the Products being the subject of the Order and any other additional fees, and if the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the Store's website when placing the Order, including when expressing by The customer wishes to be bound by the Sales Agreement with NaSznureczku.pl.
  4. The procedure for concluding a Sales Agreement in the Store using the Order Form: (1) the conclusion of a Sales Agreement between the Customer and NaSznureczku.pl takes place after the Customer has placed an Order in the Store via the Order Form (2) as a result of placing an Order NaSznureczku.pl 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 by NaSznureczku.pl an appropriate electronic message to the Customer's e-mail address provided during the ordering process. The message sent by NaSznureczku.pl contains at least the NaSznureczku.pl statement about the receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above message by the Customer, a Sales Agreement is concluded between the Customer and NaSznureczku.pl .
  5. Consolidating, securing and providing the Customer with the content of the concluded Sales Agreement takes place by (1) providing these Regulations on the Store's website and (2) sending the Customer an electronic message to the e-mail address (e-mail) referred to in §3 sec. 4 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the NaSznureczku.pl IT system.
  6. NaSznureczku.pl reserves the right to change the status of the Customer's order to: canceled, resulting in its rejection in the NaSznureczku.pl IT system and failure to perform this order in a situation where the Customer, despite the correct submission of the Order, does not pay the amount due (gross order amount) within 5 working days counting from the day following the day of placing the order (the day of placing the order is zero day). The above situation applies only when the Customer selects the payment method as prepayment: payment by bank transfer or electronic payment. The customer will be informed by e-mail about the change of the order status to the e-mail address provided. The above action does not cause any other negative consequences for the customer. The customer has the option of re-placing the order or contacting NaSznureczku.pl in order to implement the already submitted one.

§4

EFFECTIVE FORM OF CONTACT

  1. NaSznureczku.pl provides an effective form of contact:
  2. electronic - by sending an e-mail to the e-mail address [email protected] ;
  3. electronic - by sending an inquiry via the Inquiry Form provided at https://nasznureczku.pl/zadaj-pytanie;
  4. in writing (by correspondence) to the following address: Agnieszka Iwaszczenko, ul. Magnoliowa 14 lok. 3, 51-361 Wilczyce.
  5. After creating the Account, the Customer has the option of updating his data by sending an appropriate request to the e-mail address: [email protected] or by making the change himself in the Customer Panel.
  6. Electronic notification concerning the resignation from the Electronic Service should be made from the e-mail address (e-mail) provided when setting up the Account or the address updated at a later time and made available in the Customer Panel.
  7. The customer has the option to change the e-mail address provided when creating the Account by sending a request to NaSznureczku.pl or by himself in the Customer Panel.

§5

FORM, METHOD AND DATE OF PAYMENT

  1. NaSznureczku.pl provides customers with the following payment methods under the Sales Agreement:
  2. payment by bank transfer to the bank account of NaSznureczku.pl;
  3. cash on delivery, then the payment for the Order is paid to the employee of the courier company upon delivery of the parcel containing the ordered Products. Then the payment is transferred to NaSznureczku.pl via the courier company .
  4. NaSznureczku.pl, as well as the payment systems provided by NaSznureczku.pl, do not charge the Customer with additional payment costs, however, the Customer, depending on his own preferences and the choice of the payment processing entity, in particular: bank, savings and credit union, Poczta Polska or other type of institution may charge the Customer with a commission or other additional costs for the payment.
  5. A fiscal receipt is issued for each Order.
  6. The customer has the option of obtaining a VAT invoice for the completed Order. In order to obtain a VAT invoice, it is necessary to inform NaSznureczku.pl when completing the Order Form or via a message sent to the e-mail address or telephone contact.

§6

COST, METHOD AND DELIVERY TIME, ORDER FULFILLMENT

  1. NaSznureczku.pl provides the Customer with the following forms of delivery:
    1. electronic - no territorial restrictions regarding the implementation of the Order;
    2. correspondence - available on the territory of the Republic of Poland.
  2. Depending on the chosen form of delivery, the Customer bears the delivery costs of the Product or Products:
    1. electronic - delivery is free of charge;
    2. correspondence delivery - the delivery is payable, however, NaSznureczku.pl has the right in certain cases to reduce the delivery costs or to offer a free delivery. The cost of delivery via InPost Paczkomaty is PLN 12.60 gross in the case of payment by bank transfer (prepayment) or PLN 15.60 gross in the case of payment on delivery. The cost of delivery via the DPD courier company is PLN 15.00 gross in the case of payment by bank transfer (prepayment) or PLN 19.00 gross in the case of payment on delivery. The costs of delivery of the Product or Products (including possible charges for transport, delivery and postal services) are indicated to the Customer when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
  3. If you choose a correspondence delivery, NaSznureczku.pl delivers the Order through the shipping company selected by the Customer: InPost, DPD.
  4. The deadline for delivery of the Order to the Customer is up to 21 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, may not exceed 21 Business Days.
  5. This period should be counted from the moment NaSznureczku.pl joins the implementation of the Sales Agreement in accordance with §3 para. 4 of the Regulations, with the proviso that if the Customer chooses the method of payment by bank transfer (prepayment), this period shall start no earlier than from the date of crediting the payment on the NaSznureczku.pl bank account.

§7

PRODUCT COMPLAINT

  1. The legal basis and the scope of responsibility of NaSznureczku.pl towards the Customer, if the Product sold has a physical or legal defect (warranty), are specified in generally applicable laws, in particular in the Civil Code.
  2. NaSznureczku.pl is obliged to deliver the ordered Product to the Customer without defects.
  3. The customer has the option to file a complaint:
  4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint - this will facilitate and speed up the consideration of the complaint by NaSznureczku.pl. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  5. The reply to the complaint by NaSznureczku.pl takes place immediately, no later than within 14 calendar days from the date of its delivery or receipt to the e-mail address. Failure to respond to NaSznureczku.pl within the above period, by operation of law, means that NaSznureczku.pl considered the complaint justified.
    1. in electronic form via e-mail to the following address: [email protected];
    2. in writing (by correspondence) to the following address: Agnieszka Iwaszczenko, ul. Magnoliowa 14 lok. 3, 51-361 Wilczyce.

§8

EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES

  1. Detailed information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress, and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection and voivodeship Inspectorates of the Trade Inspection.
  2. The customer who is a consumer has the right to contact NaSznureczku.pl in order to obtain help in exercising the rights to out-of-court redress.

§9

RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The right to withdraw from a distance contract is not entitled to the consumer, among others in relation to contracts (1) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specification or serving to satisfy his individual needs; (2) to contracts for the provision of services, if NaSznureczku.pl 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 by NaSznureczku.pl will lose the right to withdraw from the contract.
  2. Subject to §9 section 1 of the Regulations, a consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in §9 para. 7 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. The consumer has the right to submit a declaration of withdrawal from the Sales Agreement:
  3. An exemplary model withdrawal form is included in Annex 2 to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended) and additionally available in Annex 1 to the Regulations. The consumer may use the form template, but it is not obligatory.
  4. The period for withdrawal from the contract begins:
  5. In the event of withdrawal from a Distance Sale Agreement, the Sale Agreement shall be deemed not to have been concluded.
  6. NaSznureczku.pl is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the Sales Agreement, return to the consumer all payments made by him. NaSznureczku.pl refunds the payment using the same method of payment as was used by the customer who is a consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any additional costs for him.
  7. The consumer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
  8. Possible costs related to the consumer's withdrawal from the Sales Agreement, which he is obliged to bear:
  9. If the consumer has chosen a method of delivery of the Product other than the cheapest, ordinary delivery method available in the Store, NaSznureczku.pl is not obliged to refund the additional costs incurred by the consumer.
  10. The consumer bears direct costs of delivery of the returned Product or Products to NaSznureczku.pl.
  11. In the case of a Product whose performance - at the express request of the consumer - began before the deadline to withdraw from the Sales Agreement, the consumer who exercises the right to withdraw from the Sales Agreement after making such a request, is obliged to pay for the services fulfilled until the withdrawal from the Sales Agreement. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the Sale Agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
  12. The right to withdraw from a distance contract is not available to the consumer in relation to contracts: (1) for the provision of services, if NaSznureczku.pl has fully provided the service with the express consent of the consumer, who was informed before the service begins that after the performance by NaSznureczku.pl will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which NaSznureczku.pl has no control, and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; (7) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; (8) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (9) concluded through a public auction; (10) for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer's express consent before the deadline to withdraw from the contract and after informing him by NaSznureczku.pl about the loss of the right to withdraw from the contract.
    1. in electronic form via e-mail to the following address: [email protected];
    2. in writing (by correspondence) to the following address: Agnieszka Iwaszczenko, ul. Magnoliowa 14 lok. 3, 51-361 Wilczyce.
    1. for a Sales Agreement, in the implementation of which NaSznureczku.pl issues the Product, being obliged to transfer its ownership to the Customer who is a consumer - from taking possession of the Product by the Customer or a third party designated by him other than the carrier, and in the case of a Sales Agreement which: (1 ) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a specified period - from taking possession of the first of the Products;
    2. for other contracts - from the date of the contract.

§10

PROVISIONS RELATING TO CUSTOMERS WHO ARE NOT CONSUMERS

  1. This section of the Regulations and the provisions contained therein apply only to customers who are not consumers.
  2. NaSznureczku.pl has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against NaSznureczku.pl.
  3. In the case of customers who are not consumers, NaSznureczku.pl has the right to limit the available payment methods, including requiring a prepayment in whole or in part, regardless of the payment method chosen by the Customer.
  4. Upon the release of the Product or Products by NaSznureczku.pl to the carrier, the benefits and burdens associated with the Product or Products and the risk of accidental loss or damage to the Product or Products are transferred to the Customer who is not a consumer. In such a case, NaSznureczku.pl shall not be liable for any loss, defect or damage to the Product or Products arising from its acceptance for transport until it is delivered to the Customer and for delay in transporting the shipment.
  5. 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 it finds that the Product has been lost or damaged during transport, it is obliged to perform all actions necessary to determine the liability of the carrier.
  6. According to Art. 558 §1 of the Civil Code, the liability of NaSznureczku.pl under the warranty for the Product towards the Customer who is not a consumer is excluded.
  7. In the case of Customers who are not consumers, NaSznureczku.pl may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons, by sending the Customer an appropriate statement.
  8. The liability of NaSznureczku.pl 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 - to the amount of the price paid and delivery costs under the Sales Agreement, but not more up to the amount of PLN 1,000. NaSznureczku.pl is liable to the Customer who is not a consumer only for typical damage predictable at the time of the conclusion of the Sales Agreement and is not liable for lost benefits to the Customer who is not a consumer.
  9. Any disputes arising between NaSznureczku.pl and the Customer who is not a consumer shall be submitted to the court having jurisdiction over the seat of NaSznureczku.pl.

§11

PERSONAL DATA PROTECTION

  1. The administrator of personal data is NaSznureczku.pl.
  2. NaSznureczku.pl makes every effort to ensure the maximum security of personal data protection of its customers, during their presence in the Store, during the ordering process and processing of these data in connection with the implementation of the order, as well as answering inquiries and order handling.
  3. NaSznureczku.pl processes Customers' personal data only to the extent necessary for the proper performance of the order or Electronic Service, transfers or entrusts the processing of personal data to other entities only for the purpose and to the extent necessary for the correct and proper performance of the Electronic Service or the Order, for statistical and analytical purposes, customer satisfaction level surveys.

§12

FINAL PROVISIONS

  1. Agreements concluded by NaSznureczku.pl are concluded in Polish.
  2. NaSznureczku.pl reserves the right to make changes to the Regulations.
  3. In the event of concluding continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended regulations bind the Customer if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Customer has been properly informed about the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the current fees, the Customer who is a consumer has the right to withdraw from the contract.
  4. In the event of concluding contracts of a different nature than continuous contracts (e.g. sales contract) on the basis of these Regulations, the amendments to the Regulations will not in any way infringe the rights acquired by Customers who are consumers before the date of entry into force of the amendments to the Regulations. In particular, changes to the Regulations will not affect the already placed or placed Orders and concluded, implemented or performed contracts.
  5. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded with Customers who are consumers - the provisions of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.

Regulations published on May 24, 2018, enter into force on May 25, 2018.