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Conditions of Use

ONLINE STORE TERMS AND CONDITIONS

§ I. GENERAL

1. The online store belongs to Nanuszka Art Studio Karolina Kubikowska-Janas, registered in Warsaw, postal code 00-681 ul. Hoża 51, NIP 5252707925, REGON 367080730, phone: +48728855449, with its registered office in Warsaw, postal code 00-681, ul. Hoża 51/lok. 261, called the OWNER forje, and is operated by Nanuszka Art Studio Karolina Kubikowska-Janas NIP 5252707925, registered in 00-681 Warszawa, Hoza 51/lok. 261 with its registered office in Hoza 51/lok. 261, 00-681 Warszawa, hereinafter referred to as the SELLER.

2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is directed only to consumers or entrepreneurs.

3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, to the extent and based on the grounds and principles set out in the privacy policy published on the Online Store website. The privacy policy contains mainly rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).

4. Definitions:

a. WORKING DAY - one day from Monday to Friday, excluding public holidays.

b. REGISTRATION FORM - a form available in the Online Store enabling the creation of an Account.

c. ORDER FORM - Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment.

d. CUSTOMER, BUYER - (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 the Seller.

e. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

f. ACCOUNT - Electronic Service, a collection of resources in the Service Provider's IT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.

g. NEWSLETTER - Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.

h. PRODUCT - a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.

i. REGULATIONS - these regulations of the Online Store.

j. ONLINE STORE - the Service Provider's online store available at the Internet address: http://shop.karolinakubikowska.com/.

k. SELLER; SERVICE PROVIDER - Nanuszka Art Studio Karolina Kubikowska-Janas, Hoza 51/lok. 261, 00-681 Warszawa with its registered office in Hoza 51/lok. 261, 00-681 Warszawa, e-mail address: k.kubikowska.art@gmail.com

l. SALES CONTRACT - a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.

m. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.

n. SERVICE RECIPIENT - (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; - using or intending to use the Electronic Service.

o. CONSUMER RIGHTS ACT, ACT - the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended)

p. ORDER - Customer's declaration of intent submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

4. The services provided electronically by the Seller, referred to in point 3d of this paragraph, consist of:

a) keeping an Account in the Online Store,

b) enabling the Order to be placed by completing and selecting data on the Store's website,

c) running the Newsletter.

5. Filling in the registration form on the store's website and creating an Account is the same as reading the Buyer with the content of these Regulations and its acceptance.

§II. CONDITIONS FOR PLACING AN ORDER

1. The Customer is obliged to use the Online Store in a manner consistent with applicable law, principles of social coexistence and morality, bearing in mind the respect for personal rights and intellectual property rights of third parties.

2. The online store sells products in the territory of the Republic of Poland and abroad.

3. The Buyer may place an order by completing the Order Form available on the Store's website.

4. Orders referred to in point 3 of this paragraph may be placed 7 days a week, 24 hours a day. The necessary condition for the successful submission and implementation of the Order referred to in point 3 of this paragraph is the completion of the Registration Form by the Buyer and thus the creation of an Account.

Orders placed on weekdays after 3:00 p.m. (local time), on Saturdays and Sundays and public holidays will be processed on the next business day.

5. Orders submitted for fulfillment may be changed or canceled until the goods are shipped, about which the Buyer is informed by e-mail or by phone.

6. The average order processing time (from placing the order to sending it to the Buyer) is 2-3 business days.

7. In the absence of the ordered Products in the warehouse, the Buyer is informed about this fact and the related extension of the Order completion time immediately, at the latest within 2 days of placing the order. The notification will be sent to the e-mail address indicated in the order form.

8. In the situation referred to in the above point, the Buyer may:

a) agree to extend the duration of the Order, depending on the possibility of completing the order (usually up to 72 hours),

b) agree to a partial fulfillment of the order, including only those goods that are in the Online Store's warehouse, and in the case of early payment of money, request a refund for undue performance,

c) withdraw from the contract, and in the case of payment of money, demand their full return.

d) The online store is obliged to return the amount due in a manner agreed by both parties.

9. The Seller reserves the right to cancel the Order if the Buyer, despite being requested, has not completed the deficiencies required for the effective implementation of the Order within 7 days.

§III. PAYMENT

1. The prices given in the Online Store are expressed in Polish zlotys and are gross prices (including VAT).

2. A receipt and / or a VAT invoice are attached to each Order.

3. The Buyer who is not a natural person in order to perform the Order, authorizes the Seller to issue a Proof of Purchase without the recipient's signature.

4. The Buyer may choose one of the following payment methods for the Products ordered:

a) payment by PayPal transfer

5. The Buyer selects the payment when placing the Order.

6. If you choose the payment method referred to in point 4a of this section is selected, the Products are shipped upon a positive authorization of 100% of the Order value.

7. In the case of the payment method referred to in point 4a of this section, if the Buyer fails to make the payment within 7 days from the date of confirmation of the Order, the Seller has the right to cancel the Order, informing the Buyer about it by e-mail

§IV. DELIVERY

1. The Buyer may choose the following methods of receiving the ordered Products:

a) courier delivery,

b) shipping via the Polish Post.

2. The choice of the method of delivery is made by the Buyer when placing the Order.

3. Shipping costs are calculated in accordance with the current price lists and depend on the weight and size of the shipment. The buyer is informed about the shipping costs when submitting the Order.

4. The costs of delivery are borne by the Buyer.

5. The Buyer undertakes to collect the shipped Product.

ELECTRONIC FILES

1. The fulfillment of the order containing the electronic file begins with the registration of the payment on the Store's account, about which the customer is informed by e-mail.

2. Electronic files are delivered to the client free of charge. An order containing electronic files cannot contain other products from the store's offer - these must be ordered separately.

3. Payments for electronic files can be made using the methods specified in §3 point 4 b. Orders not paid after 5 days will be automatically canceled. Payment on delivery is not possible in this situation.

4. After the Store sends a confirmation of receipt of payment, no later than 12 hours, another e-mail is sent to the customer with information on how to download the file

§5. WARRANTY

1. Some Products offered in the Online Store are covered by a guarantee granted by the manufacturer or the Seller, depending on the specific Product.

2. The period and conditions as well as the procedure for submitting claims under the warranty are specified in the warranty card, which is delivered to the Buyer together with the ordered Products (most games and multimedia programs, most games and multimedia programs).

4. In order to use the guarantee, it is necessary to have a proof of purchase (a receipt or invoice).

5. The warranty does not exclude, limit or suspend the Buyer's rights under the Seller's liability for non-compliance of the Product with the Sales Agreement to the extent specified by the Act of 27 July 2002 on specific terms of consumer sales and amending the Civil Code (Journal of Laws of 2002, No. 141, item 1176 as amended).

§6. COMPLAINT

1. The Seller recommends checking the parcel in the presence of the courier. Failure to check the parcel does not withhold any possible complaint, although in the event of such verification, the complaint procedure will be significantly improved.

2. The claimed Product should always be accompanied by a proof of purchase or a copy thereof.

3. The Buyer is obliged to send back the advertised Product at his own expense. If the complaint is accepted, shipping costs are reimbursed.

4. Slight differences resulting from the individual settings of the Buyer's computer may not be the basis for a complaint about the purchased Product. This applies in particular to slight differences resulting from monitor settings.

5. Before returning the goods, the Buyer is advised to contact the Customer Service Office to determine the details of the complaint. This provision applies in particular to the reimbursement of overpayment via postal order.

6. The Seller undertakes to respond to the complaint submitted by the Customer within 14 days. No response from the Seller after the deadline indicated in the previous sentence results in the complaint being considered justified.

7. Electronic files are subject to complaint in the case of:

a) the downloaded file is corrupted

b) the downloaded file does not match the product ordered

c) the downloaded file is incomplete (except for the lack of the cover)

8. Detailed information on complaints and their submission can be found on a separate page HERE

§7. WITHDRAWAL FROM THE CONTRACT

1. The Buyer who is a Consumer within the meaning of the Civil Code Act (Journal of Laws No. 16, item 93, as amended), has the right to withdraw from a distance contract, without giving any reason, within 14 days from the date of receipt of the goods.

2. The above right is not entitled to the Consumer in the following cases:

a) the provision of services commenced, with the Consumer's consent, before the deadline referred to in the above point,

b) concerning audio and visual recordings and recorded on IT data carriers after the consumer has removed their original packaging,

c) contracts for benefits for which the price or remuneration depends solely on the movement of prices in the financial market,

d) services with the properties specified by the consumer in his order or closely related to his person,

e) services that, due to their nature, cannot be returned or whose subject quickly deteriorates,

f) delivering the press,

3. For the effective withdrawal from the contract referred to in point 1 of this section, it is sufficient for the Buyer to submit a written declaration by e-mail or by post within the statutory 14-day period. The declaration model is on the reverse side of the sales document.

4. The Buyer, withdrawing from the contract, is obliged to return the Product unchanged, along with the proof of purchase, within 14 days from the date of withdrawal.

5. The Seller guarantees the reimbursement of the Product price and the cost of shipping the Product to the Buyer immediately, not later than within 14 days, in the manner specified in the withdrawal form. The shipping costs of the returned Product are borne by the Buyer.

§8. PERSONAL DATA PROTECTION

1. The Buyer, by completing the Registration Form and creating an Account, agrees to the processing of personal data by the Seller, in accordance with the Act of August 29, 1997 on the protection of personal data (Journal of Laws No. 133, item 883).

2. The Buyer's personal data will not be disclosed to other persons or institutions for marketing purposes.

3. The Buyer has the ability to access his personal data for the purpose of verification, modification or removal from the Seller's database.

§10. FINAL RESOLUTIONS

1. The Seller reserves the right to introduce restrictions on the use of the Online Store caused by its technical service, maintenance works or works on improving its functionality. At the same time, the Seller undertakes to make every effort to ensure that the above-mentioned breaks take place at night and last as short as possible.

2. The online store is not responsible for any inconvenience and difficulties resulting from blocking the use of e-mail services by the server administrator, as well as deleting and blocking e-mail messages by programs used by the customer.

3. The Seller reserves the right to amend the Regulations. The changes come into force at the moment clearly indicated by the Seller, but not earlier than 7 days from their announcement. Orders placed before the changes referred to in the previous sentence come into force will be implemented on the terms applicable at the time of their submission.

4. Returns of Products in the event of a warranty or complaint procedure or in connection with withdrawal from the contract, sent at the Seller's expense or cash on delivery, will not be accepted.

5. In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, in particular the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended), the Act of July 27, 2002 on special conditions of consumer sale and on the amendment to the Civil Code (Journal of Laws No. 141, item 1176, as amended) and the Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws No. 22, item 271 as amended).

6. Announcements, Seller's advertisements, price lists and other information about the Products, provided on the websites of the Online Store, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), they do not constitute an offer.

7. The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer within the meaning of the provisions of the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended), to which he is entitled under mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail.

8. The Regulations are valid from January 15, 2021

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