Dominika Kossowska- Gulik online store, available at internet address dominikak.com, is run by Dominika Kossowska- Gulik with registered office in Franzen 75/5 3594 Franzen, Austria.
These Regulations are addressed to Consumers and sets out the principles and procedures for the conclusion of a Distance Sales Agreement with the Consumer via the Shop.
Consumer – a natural person concluding an agreement with the Seller through the Store, the subject of which is not directly related to its business or professional activity.
Seller – an individual Dominika Kossowska- Gulik
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 in its own name a business, which uses the Store.
Store – Internet store operated by the Seller at the following address: dominikak.com
Agreement concluded at a distance – agreement concluded with the Customer within an organized system for concluding agreements at a distance (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the agreement.
Rules – these rules of the Store
Order – Customer’s declaration of will made by means of the Order Form and aimed directly at concluding a Sales Agreement of a Product or Products with the Seller.
Account – client’s account in the Shop, it contains data given by the client and information about orders placed by him/her in the Shop.
Registration form – a form available in the Store, allowing for creation of an Account.
Order form – interactive form available in the Store that enables the placement of an Order, in particular by adding Products to a Basket and determining the terms of a Sales 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, as well as the possibility of determining and modifying the Order’s data, in particular the quantity of products.
Product – a movable item available in the Store / service which is the subject of a Sales Agreement between the Client and the Seller.
Sales Agreement – a contract of sale of a Product concluded or concluded between the Client and the Seller via the Internet Shop. The Sales Agreement is also understood – depending on the characteristics of the Product – as the agreement for the provision of services and contract for specific work.
CONTACT WITH THE STORE
Seller’s address: Franzen 78/5, 3594 Franzen in Austria.
Seller’s e-mail address: email@example.com.
Seller’s phone number: 048501176217
Seller’s bank account number: IBAN: AT72 2027 2000 0099 7551 BIC: SPZWAT21XXX
The Client may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
The Client may communicate with the Seller by phone between 10:00 and 17:00 on business days.
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary
a final device with access to the Internet and a web browser,
an active electronic mail account (e-mail),
FlashPlayer program installed.
Seller to the fullest extent permitted by law is not responsible for malfunctions, including interruptions in Store operations caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Client’s technical infrastructure.
Browsing the Store does not require 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 information to allow the Order to be processed without creating an Account.
Prices given in the Store are given in euros and are gross prices (including VAT).
The final (ultimate) amount payable by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal charges), of which the Customer shall be informed on the Store’s website during the placement of the Order, including at the moment of expressing his or her will to be bound by the Sales Agreement.
In the case of a Contract covering subscription or provision of services for an indefinite period of time, the final (final) price shall be the total price including all payments for the settlement period.
When the nature of the subject matter of the Contract does not allow, in a reasonable estimation, to calculate the final (final) price in advance, information about how the price will be calculated, as well as charges for transport, delivery, postal services and other costs, shall be given in the Shop in the Product description.
PROTECTION OF CUSTOMERS’ PERSONAL DATA
PRINCIPLES OF PLACING AN ORDER
In order to place an Order it is necessary to:
log in to the Store (optional);
select the Product which is the subject of the Order and then click the “Add to basket” button (or equivalent);
log in or use the option of placing an Order without registration;
if the option of submitting the Order without registration has been selected – fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
click the “Order and pay”/”Order and pay” button
choose one of the available methods of payment and, depending on the method of payment, pay for the order within a specified period, subject to §8 point 3.
OFFERED METHODS OF DELIVERY AND PAYMENT
The Customer may use the following methods of delivery or collection of the ordered Product:
- a) Courier delivery
- b) Personal collection after prior arrangement with the Seller
2nd The Customer can use the following methods of payment:
- a) Payment by bank transfer to the account of the Seller
PERFORMANCE OF THE SALES CONTRACT
Conclusion of the Sales Agreement between the Customer and the Seller takes place after prior submission of the Order by the Customer using the Order Form at the Online Store in accordance with §7 of the Terms and Conditions.
After placing an Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Customer the appropriate e-mail message to the e-mail address given during the placement of the Order, which includes at least statements of the Seller about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. At the moment of receipt by the Client of the above e-mail message, the Sales Agreement between the Client and the Seller is concluded.
If the Customer chooses:
- a) transfer payment, the Customer is obliged to make the payment within 3 calendar days from the day of concluding the Sales Agreement – otherwise the order will be cancelled.
The Product shall be dispatched by the Seller within the time indicated in its description (subject to sec. 5 of this paragraph), in the manner selected by the Client when placing the Order.
A In the case of orders for Products with different delivery dates, the delivery date is the longest specified date.
The start of the Product delivery period to the Customer is calculated as follows:
- a) If the Customer chooses to pay by bank transfer, – from the date of crediting the Seller’s bank account.
If the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer on the date 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 given during placing the Order.
In case of ordering Products with different readiness for pick up dates, the readiness for pick up date is the longest specified date.
Delivery of the Product takes place within the European Union.
RIGHT OF WITHDRAWAL
The Consumer may within 14 days withdraw from the Sales Agreement without giving any reason.
The period specified in paragraph 1 starts from the delivery of the Product to the Consumer or a person designated by him other than the carrier.
In the case of an Agreement that involves multiple Products that are delivered separately, in batches or in parts, the period specified in paragraph 1 shall run from the delivery of the last item, batch or part.
In the case of an Agreement that involves the regular supply of Products for a fixed period (subscription), the period indicated in paragraph 1 runs from taking possession of the first of the items.
The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To keep the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send a statement before the deadline.
The statement may be sent by traditional mail or electronically by sending a statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in §3. The statement may also be submitted on the form, the template of which is attached as Appendix No. 1 to these Regulations and Appendix to the Act of 30 May 2014 on Consumer Rights, but it is not mandatory.
Effects of withdrawal from the Contract:
- a) In the case of withdrawal from the Contract concluded at a distance, the Contract shall be considered as not concluded.
- b) In the case of withdrawal from the Agreement the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivery of items, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
- c) Reimbursement of payments will be made by the Seller using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution, which will not be associated with any costs for him.
- d) The Seller may withhold the reimbursement until it receives the Product back or until it is provided with proof of its return, whichever event occurs first.
- e) The Consumer should send back the Product to the Seller’s address given in these Terms and Conditions immediately, no later than 14 days from the day on which the Consumer communicated the withdrawal from the Agreement to the Seller. The deadline is met if the Consumer sends back the Product before the expiry of the 14-day period.
- f) The Consumer shall bear 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 in the usual way by post.
- g) The Consumer shall only be liable for the diminished value of the Product resulting from the use of the Product in a manner other than that which was necessary to ascertain the nature, characteristics and functioning of the Product.
If, due to the nature of the Product, it cannot be sent back in the usual way by post, information about it and about the costs of returning the Product will be provided in the Product description in the Store.
The right to withdraw from the agreement concluded at a distance does not apply to the Consumer in relation to the Agreement:
- a) in which the subject of the supply is a thing not prefabricated, produced to the Consumer’s specification or used to meet his individualized needs,
- b) for the provision of services, if the Seller has performed the service in full with the explicit consent of the Consumer who was informed before the provision of services, that after the provision of services by the Seller will lose the right to withdraw from the Agreement,
RIGHT OF WITHDRAWAL
The Sales Agreement covers new Products.
In case of defects of the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
The complaint should be submitted in writing or electronically to the addresses of the Seller given in these Terms and Conditions.
The Seller shall respond to the complaint immediately, no later than within 14 days, and if the Seller fails to do so within this period, it shall be deemed that the Customer’s request is justified.
Goods returned under the complaint procedure should be sent to the address specified in §3 of these Regulations.
If a guarantee has been granted for a Product, information about it, as well as its content, will be included in the description of the Product in the Store.
OUT-OF-COURT COMPLAINT HANDLING AND CLAIM INVESTIGATION PROCEDURES
Detailed information about the possibility of using out-of-court complaint handling and claim investigation procedures by the Consumer and the rules of access to these procedures are available in the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection.
PERSONAL DATA IN THE ONLINE STORE
The administrator of Customers’ personal data collected via the Online Store is the Seller.
Customers’ personal data collected by the administrator via the Online Store are collected for the purpose of performing a Sales Agreement, and if the Customer agrees – also for marketing purposes.
Recipients of the personal data of the Customers of the Internet Shop can be:
- a) In case of a Customer, who uses the delivery method in the Internet Shop by mail or by courier, the Administrator makes the collected personal data of the Customer available to a chosen carrier or intermediary performing the shipment on behalf of the Administrator.
- b) If the Customer uses electronic or credit card payment method in the Online Store, the Administrator shall make available the collected personal data of the Customer to the chosen entity handling the aforementioned payments in the Online Store.
The Customer has the right to access his/her data and correct them.
Providing personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude a Sales Agreement results in inability to conclude that agreement.
Contracts concluded through the Online Store are concluded in Polish or English.
Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as changes in laws, changes in methods of payment and delivery – to the extent that these changes affect the implementation of these Regulations.
In matters not covered by these Terms and Conditions generally applicable provisions of law shall apply.
The Customer has the right to use the out-of-court ways of dealing with complaints and asserting claims. For this purpose, he can submit a complaint through the EU online platform ODR available at: http://ec.europa.eu/consumers/odr/.