ONLINE SHOP REGULATIONS
The terms used herein have the following meaning:
1. Customer - a physical person, legal person or organizational unit not being a legal person, the provisions of which hold special legal capacity, ordering from the online shop www.darkpastels.com.
2. Consumer - a physical person performing a legal act not directly related to its business or professional activity.
3. Regulations - the present Regulations of the provision of services electronically via the Online Shop www.darkpastels.com.
4. Online Shop - Internet service available at www.darkpastels.com, through which the customer can place orders.
5. Goods - the products presented in the online shop.
6. Purchase - sale agreement - a contract of sale of goods within the meaning of the Civil Code, concluded between the company Dark pastels, Komuny Paryskiej 6B/5, 30-389 Krakow leading the Online Shop, and the customer, which has entered using the website store.
7. Civil Code - the Act of 23 April 1964. Civil Code (Dz. U. No. 16, pos. 93, as amended.).
8. Act on electronic services - the Act of 18 July 2002. On the provision of electronic services (Dz. U. 144, item. 1204, as amended.).
9. The law on consumer rights - the Act of 30 May 2014. (Dz. U. of 2014. Pos. 827).
10. The Law on Personal Data Protection - the Act of 29 August 1997. Protection of Personal Data (consolidated text of 2002. Dz. U. No 101, item. 926, as amended.).
11. Order - declaration of Customer’s intent directly inclined to the sale agreement, specifying in particular the type and quantity of goods.
II GENERAL INFORMATION
1. The following regulations specify rules for using the Online Shop available at www.darkpastels.com.
2. The owner of an Online Shop operating at www.darkpastels.com Barbara Małecka, Komuny Paryskiej 6B/5, 30-389 Krakow, TIN: 7371244303, code: 369725705, who later in the Regulations and in the documents confirming the transaction, is referred to as SELLER.
3. The online shop sells goods via the Internet, at www.darkpastels.com.
4. Regulations are located on the Online Shop www.darkpastels.com and are widely available - for everyone at any time.
5. Prices of goods in the shop are given in the polish currency zloty and include VAT (gross price), and in euro.
6. The Online Shop puts every effort to make pictures of goods to accurately reflect their actual appearance. Due to the fact that the display settings and parameters of individual monitors may differ from each other, an Online Shop is not responsible for possible differences in the color range between the actual appearance of the product and the image displayed on the Customer’s monitor.
7. The company Dark pastels reserves the right to change prices of goods on offer in the Online Shop, to introduce new products on offer in the Online Shop, to withdraw goods from sale, to cancel promotions on our website or make changes.
8. The online shop reserves the right to change the prices and the costs of delivery, particularly in the case of changed price lists of services provided by entities performing delivery. This change does not apply to contracts which are in progress.
9. The Customer has the option to pay a fee for the ordered goods by a bank transfer.
10. All images and text contained in the online shop are by and belong to the owner of the Dark pastels company.
11. The use of materials from the website www.darkpastels.com, without permission, for any purpose is a violation of copyright law, even if not associated with obtaining material benefits for the perpetuator. Legal basis: "The law of 4 February 1994 on Copyright and Related Rights" (Dz. U. 2000. No. 80 pos. 904).
III PLACING ORDERS
1. Orders of goods in the online shop www.darkpastels.com may be placed through the order form, which is an integral part of the platform of the Online Shop.
2. The Online Shop www.darkpastels.com accepts orders by customers every day and around the clock.
3. To order, the customer must supply their data required to fulfill the order or have an account at the Online Shop.
4. Registered user with an account in the Online Shop has the ability to make purchases several times - without the need to always enter their data necessary to perform the order, to track changes in the order status, to gain insight into all orders (including already processed), make changes or cancel an order that has not been transferred for execution, and to change shipping address.
5. It is possible to submit a single order without creating an account at the Online Shop.
6. The choice of goods to be ordered by the Customer is made by adding them to the basket.
7. The price given for each item is binding at the time of placing the order by the Customer.
8. The cost of delivery of ordered goods, including the costs of delivery, shall be borne by the Customer. Shipping costs shall be charged to overall cost of order.
9. Customer from outside the European Union also bears the postage costs associated with customs duties - these fees are added to the overall cost of order.
10. After placing an order, customer receives an e-mail confirmation of the order and that the information is received by the Online Shop.
11. If necessary to cancel the order, the customer should immediately contact the Online Shop by phone or e-mail.
12. After placing the order, the customer shall, within 5 calendar days, make a payment for the execution of the purchase - sale agreement in accordance with the possible payment methods specified in the Regulations.
13. Dark pastels Company reserves the right to cancel customer orders in the absence of payment on the business account within 5 calendar days from the date of submission of the Order.
14. The Customer’s order becomes Purchase - Sale Agreement and is binding only upon receiving the Customer’s payment by the business account.
IV EXECUTION OF ORDERS
1. The basic condition of the order is to provide, when ordering, the correct contact information (email, phone number) and address for shipping.
2. The Online Shop reserves the right to verify the accuracy and truthfulness of every order placed, through telephone contact with the Customer at the number provided by the Customer in the order form. The telephone contact will only take place on weekdays from 10:00 to 16:00.
3. In the case of unavailability of a part of the ordered goods, the Customer is immediately informed of this fact in order to decide how to implement the remaining part of the order (partially implementing the order, exceeding the waiting time for goods missing, replacing of missing goods by another available at the store, canceling the whole order and refunding for the goods ordered in the case of prepaying on the business account).
4. Execution of the order if paid by bank transfer begins after the payment made by the customer is received by the business account.
5. The time to execute the order amounts from 3 to 6 working days.
6. The Company Dark pastels rigorously obeys specified time ranges of order executions. Delivery time of the Order can be extended only in special and independent cases, eg. During the Christmas and New Year breaks or during technical breaks.
7. The order execution time is counted from the date of receiving the full payment for the goods from the Customer's Account to the business account, till the shipment date. The shipment time is not counted in the time of order execution.
8. Data for transfers: Barbara Małecka Dark pastels, Komuny Paryskiej 6B/5, 30-389 Krakow, account number: 95 2490 0005 0000 4500 9716 1046, the transfer title needs to include the Customer’s full name and the Customer’s order number.
9. Dark Pastels Company reserves the right to cancel orders in special cases, independent of the company. In such situations, the customer will be informed immediately, and at the same time charges paid by the Customer will be returned. Goods ordered in the Online Shop are sent only to the address given by the Customer in the order form.
10. Shipments are always well sealed and protected. Before signing the delivery receipt, the packaging should be carefully inspected. In case of visible significant damage, the Customer should not receive the package, instead should prepare a damage protocol in the presence of the postman or courier.
11. Each order is accompanied by a proof of purchase (receipt).
V CONDITIONS OF COMPLAINTS
1. Online Shop as a seller is liable to the Customer, if the item sold has a physical or legal defect (warranty) under the provisions of the Civil Code.
2. Online shop is obliged to sell and deliver the goods to the Customer without the physical and legal defects.
3. Customer has the right to fill out a complaint in case the goods has a physical or legal defect (warranty).
4. Physical defect lies in the non-conformity with the sale agreement. Goods are inconsistent with the agreement, in particular if:
a) the product does not have the properties that goods of that kind should have due to the stated objective of product in the purchase-sale agreement or resulting from circumstances or purpose;
b) the product does not have the properties, the assurance of which is provided by the Online Shop;
c) the goods have been delivered to the Customer in an incomplete state.
5. Online shop is liable under the warranty for physical defects which existed at the time of delivery of the goods to the Customer or resulting from causes inherent in the goods sold at the time.
6. Online shop is exempt from liability under the warranty if the customer knew about the defect at the time of conclusion of the sale agreement.
7. The complaint should be reported to the e-mail address email@example.com, with the title COMPLAINTS, or sent to: Barbara Małecka Dark pastels, Komuny Paryskiej 6B/5, 30-389 Krakow.
8. In order to examine the complaint, customer should provide the advertised product or products along with a proof of purchase of the goods, to the following address: Barbara Małecka Dark pastels, Komuny Paryskiej 6B/5, 30-389 Krakow
9. If the goods sold have a defect, the Customer has the right:
a) require the replacement of the defective goods free of defects or request the removal of defects, or
b) submit a statement of proportional price reduction or withdrawal from the agreement, in case which the Online Shop Dark pastels can immediately and without excessive inconvenience for the Customer replace the defective goods with free of defects or with defects removed; However, if the goods had already been replaced or repaired by the Online Shop or the Customer did not fulfill the obligation to exchange the goods free of defects or defect removal, the above limitation does not apply and the Customer may submit a statement of the proportional price reduction or withdrawal from the agreement.
10. Customer may not withdraw from the agreement if the defect is irrelevant.
11. Customer instead of proposed by the seller removal of the defect may request replacement of the goods free of defects or instead of an exchange request the removal of defects, unless restoring the goods to align with the sale agreement in a manner chosen by the customer is impossible or would require excessive costs in comparison with the method proposed by the Online Shop.
12. Complaints are dealt with at the latest within 14 days from the date of receiving the complaint by the Online Shop, the Customer will be notified by e-mail to the e-mail address provided by the Customer or SMS to the given customer phone or by mail to the address indicated by the Customer .
13. In the case of considering the complaint in favor of the customer - Online Shop immediately replaces the defective goods with free of defects products or remove the defect or if the exchange is not possible, refund the defective goods.
14. The claim for the removal of defects or replacement of the sold goods for free from defects shall expire one year from the date of noticing the defect. If the customer is a consumer - the claim period can not end before the expiry of two years.
VI RIGHT OF WITHDRAWAL AND RETURN
1. According to the Act of 30 May 2014 on the rights of the consumer, the Customer can withdraw from the purchase-sale agreement giving no reason within 14 days from the date of receiving the goods.
2. The customer intending to withdraw from the purchase - sale agreement in the stated period should fill out the form in the "Returns and exchanges" on website www.darkpastels.com with the following information: name, surname, e-mail, phone, order number, date of purchase and a reason for return and at the same time send a statement by registered mail to the address of the company.
3. In case of withdrawal from the agreement, the consumer is obliged to return the goods immediately, but not later than 14 days from the date of withdrawal from the agreement. The purchased goods must be returned to the following address: Barbara Małecka, Komuny Paryskiej 6B/5, 30-389 Krakow.
4. In case of withdrawal from a distance contract, the contract is considered null and void.
5. The consumer is liable for any decreased value of the goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning.
6. Direct cost of returning the product as a result of withdrawal from the agreement shall be borne by the consumer.
7. The right of withdrawal is not entitled to a consumer in relation to the agreement (according to Art. 38 of the Law on Consumer Rights), which is, among others, the provision of services where the trader made a full service with the expressed consent of the consumer, who has been informed before the provision that under this provision of the trader the consumer will lose the right to withdraw from the agreement.
VII RETURN DUE TO CUSTOMERS
1. Online Shop does not receive parcels addressed to it, which are collect-on-delivery and is not responsible for the costs associated with such deliveries.
2. Online Shop will refund immediately, but not later than within 14 calendar days, in the case of:
a) cancelling the order or part of it (in this case refund will correspond with that part of the cost) paid in advance of its implementation;
b) returning the goods by the Consumer (withdrawal from the agreement), in this case, the Online Shop may withhold the refund payments received from the Consumer until receiving the product back, or until the consumer has supplied evidence of sending back the product, depending on which event occurs first;
c) the complaint being considered, or replacing the product with a new one, removing the defect of a product and a price reduction are not possible.
3. The Online Shop will refund the payment using the same method of payment, which the consumer used, ie. the bank account of the Consumer - if the order was paid in advance by bank transfer or the post office, unless the consumer has expressly agreed on another manner of refunding, which does not amount for the Consumer any extra costs.
4. Shop Online is not liable for the lack of refund or delay of refund if:
a) despite sending a referral to request the bank account number to the Customer at their stated e-mail address mail, the Customer does not send the requested bank account number, the response will not contain data permitting repayment,
b) if they are a result of incorrect Customer’s input of address, name or bank account number.
VIII PERSONAL DATA
1. Customer consents to processing personal data by the Online Shop, provided by the Customer during registering an account at the Online Shop www.darkpastels.com and while using the Online Shop, including making purchases.
2. All collected personal data is used to execute orders and with the consent of the Customer to inform them about the current promotions and price reductions at the Online Shop.
3. Providing personal data by the Customer is voluntary, however the lack of consent to process personal data by the Online Shop, may prevent the provision of goods from the Online Shop via electronic services and may prevent making purchases in the Online Shop.
4. The customer declares that the information provided by them is their own personal data.
5. Customer has the right to inspect their personal data and to change them.
1. Customer can agree to receive commercial information, including electronic commercial information, by selecting the appropriate option in the registration form, or at a later date in the "your account" (link "Newsletter"). In case of giving such consent, the Customer will receive an e-mail with the Newsletter of the Online Shop www.darkpastels.com, as well as other commercial information sent by the Online Shop on its own behalf and on behalf of third parties.
2. The customer may at any time cancel the Newsletter subscription themselves, by unchecking the appropriate boxes in the "your account" (link Newsletter).