Terms and Conditions

Terms and Conditions (The Regulations)

Hello, Art lovers!

 

My name is Kinga Ogiegło and I run an online store at http://www.kingaogieglo.com. The shop is functioning within the framework of the business conducted by me based on the entry into the Central Register and Information on Business Activity in Poland. My registration data is: Kinga Ogiegło Art Studio, ul. J. Piłsudskiego 17/2, 32-600 Oswiecim, Tax ID/NIP: 5492440806, REGON: 368039155

 

Below are the rules of my online store which contain information such as: how to place an order and entering into a sales contract, delivery forms and payments available at the store, withdrawal procedure or complaint procedure.

 

You can always contact me by emailing shop@kingaogieglo.com

 

Best wishes,

Kinga

 

§ 1

Definitions

 

For the purposes of these Terms and Conditions, the following deifinitions shall apply:

1) Blue Media - Blue Media Joint Stock Company based in Sopot at  ul. Powstańców Warszawy 6, registered in the District Court for Gdańsk-Północ VIII Economic Division of the National Court Register under number 0000320590, with the share capital of 2 000 000 PLN (fully paid), NIP: 585-13-51-185; Blue Media is entered in the register of payment service providers under IP17 / 2013,

2) Consumer - a natural person entering into a sales contract with the Seller not related directly to her business or profession,

3) Buyer – a natural person, legal entity or defective legal entity,

4) Terms and Conditions – the following Terms and Conditions (the Regulations), available at

 http://www.kingaogieglo.com/pa...

5) Shop - online store available at http://kingaogieglo.com/

6) Seller - Kinga Ogiegło Art Studio, ul. J. Piłsudskiego 17/2, 32-600 Oswiecim, Tax ID/NIP: 5492440806.

 

                                                 § 2

Initial provisions

1. Through the Store, the Seller carries out retail sales, providing services to Buyers electronically. Through the Shop, the Buyer may purchase the products shown on the Shop pages.

2. The following Regulations define the terms and conditions of use of the Shop, as well as the rights and obligations of the Seller and the Buyers.

3. In order to use the Store, including in particular to make a purchase at the Store, it is not necessary to meet specific technical conditions by the computer or other device of the Buyer. Sufficient are:

1) Internet access,

2) standard operating system,

3) standard web browser,

4) Having an active email address.

4. The buyer may not make a purchase in the shop anonymously or under a pseudonym.

5. You are prohibited from using the Store to provide unlawful content, in particular by submitting such content through the forms available at the Store.

6. All prices shown on the Store are gross.

 

§ 3

Services provided electronically

 

1. Through the Store, the Seller provides the Buyer with electronic services.

2. The primary service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Store. Placing an order is possible without having to set up an account at the Shop.

3. If the Buyer chooses to set up a merchant account, the Seller also provides to the Buyer an electronic service consisting in setting up and maintaining an account at the Shop. The account stores the buyer's data and the history of orders placed in the store. The buyer logs into the Account using his / her email address and password.

4. The establishment of an account in the Store is made by filling and sending, using the automatic mechanism of the Store, the registration form. Upon the submission of the registration form, a contract is signed between the Buyer and the Seller to maintain an account at the Shop. The contract is concluded for an indefinite period, and the buyer can terminate the contract immediately with an immediate effect by deleting the account.

5. Services are provided electronically to the Buyer free of charge. Sales contracts concluded through the Store are payable

6. In order to ensure the security of the Buyer and transfer of data in connection with the use of the Store, the Seller shall take technical and organizational measures appropriate to the degree of security of the services rendered, in particular measures to prevent unauthorized access and modification of personal data.

7. The Seller shall take steps to ensure the proper functioning of the Store. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Store.

8. Any complaints regarding the functioning of the Shop, the Buyer may submit via email to ogiegloart@gmail.com. In the complaint, the Buyer should provide the name, address for correspondence, and the type and date of occurrence of the irregularity associated with the functioning of the Store. The Seller will consider all complaints within 14 days of receipt of the complaint and will inform the Customer of its settlement to the email address of the complainant.

 

 

§ 4

Placing an Order

 

1. The buyer may place an order as a registered customer or as a guest.

2. A registered customer is a Buyer who holds an account in the Store. Buyers can set up an account from the "My Account" tab or during ordering.

3. In order to place an order, the Buyer is obliged to take the following steps:

 

1) select the product or products that are the subject of the order by clicking the "Add to cart" button,

2) go to cart view,

3) Log in to your account at the store or continue as guest,

4) fill out the order form, going through its next steps, giving the data necessary for the order, selecting the way of delivery of the order and the method of payment for the order,

5) Read and accept the Terms of Use - The Buyer accepts the Terms only if he has read and accepts the Terms and Conditions; Acceptance of the Regulations is voluntary, but necessary to place an order,

6) Click the "Order with payment" button.

 

4. If the Buyer has chosen the method of payment for the order by online payment, clicking on the "I order with payment" button will be transferred to the BlueMedia transaction page to pay for the order. After making the payment, the Buyer will be redirected back to the Shop page with the order confirmation. At this point, the contract for the sale of the products covered by the contract is deemed to be concluded between the Buyer and the Seller.

5. If the buyer has selected a payment method for a purchase other than on-line payment, clicking on the "I order with payment" button will be transferred to the order confirmation page immediately. At this point, the contract for the sale of the products covered by the contract is deemed to be concluded between the Buyer and the Seller.

6. In the order form, the Buyer must provide true personal data. The buyer is responsible for giving false personal data. The Seller reserves the right to suspend the performance of the order if the Buyer has given false or misleading information as to the Seller's reasonable doubts as to their correctness. In this case, the Buyer will be informed by telephone or by email about Seller's concerns. In such a situation, the Buyer has the right to clarify any circumstances relating to verifying the accuracy of the data provided. In the absence of data to allow the Seller to contact the Buyer, the Seller will provide any explanation after the Buyer has contacted.

7. The Buyer declares that all information given by him in the order form is true, but the Seller is not obliged to verify their correctness and accuracy, although he has such right under paragraph. 6 above.

 

§ 5

Delivery methods and payment methods

 

1. The Buyer may choose the following forms of delivery of orders placed in the Store:

 

1) delivery to the Buyer (approximate delivery time: up to 5 days after order realization),

2. Depending on the contents of the cart and the subject of the order, the delivery to the Buyer is possible via UPS courier or Poczta Polska. The delivery method will be automatically determined by the Shop mechanism depending on the subject of the order.

 

3. The cost of delivery is always presented in the course of placing an order. This cost is borne by the Buyer unless the Seller otherwise determines in the Store.

4. The buyer has the following payment methods for the ordered products:

 

1) online payment (via Blue Media), including payment by Visa, Visa Electron, MasterCard, MasterCard Electronic or Maestro; In the case of payment with a payment card, the time of order realization is calculated from the moment of obtaining a positive authorization; In case of necessity to return the funds for the transaction made by the Buyer with a payment card, the Seller shall make a return to the bank account assigned to the Buyer's payment card,

2) direct transfer to the Seller's bank account, stating your order numer in the title.

 

 

§ 6

Execution of the sales contract

 

1. After the Buyer has submitted the order in accordance with the procedure described in § 4 of the Regulations, an order confirmation will be sent to the Buyer's e-mail address.

2. If the Buyer has chosen a payment method in the form of a transfer to a Seller's bank account, he must pay for the order within 2 days of the conclusion of the contract.

3. The execution of the order consists in its preparation for shipping to the Buyer. An order is deemed to have been fulfilled at the time of preparation of the order for shipment.

4. The order fulfillment time is indicated in the product description.

5. If the order covers more than one product, the time of order fulfillment is the longest time indicated in the description of the product included in the order.

6. Delivery time is calculated from the moment of payment for the order.

7. Upon completion of the order, the Seller will send an order confirmation to the e-mail address of the Buyer and commence the order dispatch to the Buyer.

 

 

 

§ 7

Consumer surrender from the contract

 

1. A consumer who has entered into a distance agreement with the Seller shall have the right to withdraw from the contract without giving a reason within 14 days of the date on which the goods are held by the Consumer or a third party designated by him other than the carrier.

2. In order to withdraw from the contract, the consumer must inform the Seller of his decision to withdraw from the contract by means of a clear statement - for example, a letter sent by mail, fax or e-mail.

3. The consumer may use the template for the withdrawal form, available at http://www.kingaogieglo.com/page/returns-policy

4. In order to maintain the time limit for withdrawing from the contract, it is sufficient for the Consumer to send information concerning the exercise of the right of withdrawal to the Consumer before the expiry of the time limit for withdrawal.

5. In the event of withdrawal, the Seller shall return to the Consumer all payments received from the Consumer immediately, no later than 14 days from the date on which the Seller was informed of the exercise of the right of withdrawal.

6. If the Seller has not offered to pick up the item himself from the Consumer, he may refrain from reimbursing the payment received from the Consumer until the item is returned or delivery by the consumer a proof of his return, whichever occurs first.

7. The consumer bears the direct cost of returning the item.

8. The consumer shall be liable for the reduction of the value of the goods resulting from the use of it in a manner beyond what is necessary to establish the nature, characteristics and functioning of the goods.

 

§ 8

Liability for defects

 

1. The Seller is obliged to provide the Buyer with a defect-free product.

2. The Seller is liable to the Buyer if the product has a physical defect or a defect (warranty for defects).

3. Scope and principles of liability (warranty) for defects are governed by Art. 556 - 576 of the Civil Code. Subject to the provisions of these regulations, the Buyer may demand removal of a defect, exchange of goods free of defects, make a declaration of price reduction or withdrawal of the contract.

4. If the Buyer finds a defect in the product, he / she should inform the Seller of this, concurrently declaring his / her claim related to the stated defect or making a statement of the relevant content.

5. The buyer may use the complaint form, available at http://www.kingaogieglo.com/page/returns-policy, but this is not mandatory.

6. The buyer may contact the Seller by both traditional mail (Kinga Ogiegło, J. Piłsudskiego Street 17/2, 32-600 Oświęcim) as well as by email (ogiegloart@gmail.com).

7. The Seller will respond to the Buyer's complaint within 14 days of the receipt of the complaint by means of the means by which the claim was made.

 

 

§ 9

Personal information and cookies

 

Terms of personal data processing and use of cookies are described in the privacy policy and cookies available at http://www.kingaogieglo.com/page/privacy-policy

§ 10

Out-of-court handling of complaints and claims

 

1. The Seller agrees to submit any disputes arising in connection with the agreements concluded through mediation proceedings. Details will be determined by the parties to the conflict.

2. The consumer has the opportunity to use non-judicial means of dealing with claims and redress. Among other things, the consumer has the opportunity:

1) ask the permanent consumer court to settle the dispute resulting from the concluded agreement,

2) ask the voivodeship inspector of the Trade Inspection to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller,

3) take advantage of the help of the poviat (municipal) ombudsman or social organization, whose statutory tasks are consumer protection.

3. More detailed information on out-of-court complaint handling and consumer redress can be found at http://www.polubowne.uokik.gov.pl.

4. The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to settle disputes between consumers and businesses seeking out-of-court settlement of a dispute over contractual obligations arising from an online sales contract or service contract.

 

§ 11

Other provisions

 

1. The Seller reserves the right to introduce and cancel offers, promotions and to change the prices of products in the Shop without prejudice to the rights acquired by the Buyer, including in particular the terms of the agreements concluded prior to the change.

2. The Seller reserves the right to make changes to the Regulations. Contracts concluded prior to the amendment of the Regulations apply the Regulations applicable at the date of conclusion of the contract.

3. Customers who have an account in the Store of any change of Terms will be notified by email to the email address assigned to the account. In the event of non-acceptance of the content of the new Terms and Conditions, the Buyer is entitled to terminate the account maintenance agreement at any time by deleting the account or submitting the relevant declaration, in any form, to the reseller.

4. These Regulations apply from 5.10.2017

5. All archived versions of the Rules are available for download in .pdf format - links are provided below the Terms and Conditions.



 


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