Terms and conditions for lewandowski.art
§1 General provisions
- The Regulations define the rules of making sales by means of distance communication in the online store available at www.mariuszlewandowski.pl (hereinafter referred to as the "Store").
- The Store is organized by Mariusz Lewandowski who runs a business under the name Marcin Lewandowski, Leśna, 1C/3, 62-069 Dąbrowa, NIP 7431897205 (hereinafter referred to as the "Seller").
- The Customer of the Store may be an adult natural person, a legal person, as well as an organizational unit without legal personality, which has been granted legal capacity (hereinafter referred to as the "Buyer").
- The customer of the store may in particular beaconsumer as a natural person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity (hereinafter referred to as "Consumer").
- The Customer may access these Regulations at any time via the Store's website: www.mariuszlewandowski.pl or lewandowski.art and download it and print it out.Using the Store is possible after meeting the following technical requirements:
1) access to a device connected to the Internet;
2) properly configured web browser;
3) minimum screen resolution of 320px;
4) an active e-mail account.
§2 Registration in the Store
- The buyer may use the Store:
1) after registering your account in the Store via the registration form in the field of personal data marked as mandatory, creating a Customer account with a login and password and accepting the Store Regulations. The information entered into the registration form should relate only to the Customer and be truthful,
2) as a "Guest", i.e. an unregistered customer, after filling in the form with the data necessary to complete the order and accepting the Store Regulations.
- All information is provided in the form voluntarily, but failure to provide the data specified as mandatory prevents registration and setting up an account or order processing in the case of unregistered customers.
- The Seller does not transfer, sell or lend the collected personal data of Buyers to other persons or institutions, unless it is done with the express consent or at the request of the Buyer, in accordance with applicable law or at the request of the court, prosecutor's office, police or other authorized body, in the event of a breach by the Buyer of applicable law.
- The registered buyer is obliged to inform the Seller about each change of the e-mail address or delivery address by updating the data in the "My Account" section.
- The Buyer may at any time resign from having an account in the Store by sending the Seller an e-mail with the title "Account deletion" sent from the address provided during registration. The account and all data related to it will be permanently and irreversibly removed from the Store's database within 7 working days.
§3 Making purchases
- The presentation of goods in the Store, in particular their descriptions, technical and performance parameters and prices, is an invitation to conclude a contract and does not constitute an offer within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).
- All prices of goods presented in the Store are retail prices (to be paid).
- Making purchases in the Store takes place by placing an order electronically.
- The purchase of goods presented in the Store is made on the terms applicable at the time of placing the order, in particular at the price in force at the time of placing the order and on the basis of the Regulations in force at the time of placing the order. The price of the goods after receiving the electronic confirmation of the order by the customer will not change regardless of price changes in the store.
- The Seller may generate discount codes, which will then be made available to the Buyers for promotional purposes. Discount codes generated by the Seller may be used for all or only selected goods available in the Store by the Seller.
- The rebate codes are single-use and may be used within the time limit specified by the Seller for each rebate code. The use of a discount code by the Buyer reduces the price of the purchased goods by the appropriate percentage or a specific amount, in accordance with the message received by the Buyer along with the discount code. The rebate code cannot be exchanged for cash.
- An order is placed by:
1) choosing the right product and quantity and adding it to the basket,
2) choosing the payment and delivery method and clicking the "Order" button,
3) registering on the Store's website, logging in to the Buyer's existing account or filling in the data form for unregistered customers, in accordance with the rules set out in §2,
4) clicking the "Summary" button.
- The price of the goods delivery is added to the price of the selected goods, according to the Buyer's choice. Information about delivery costs is provided to the Buyer at the time of choosing the delivery method.
- When placing an order, until the "Summary" button is pressed, the Buyer has the option to modify the entered data and selected goods. For this purpose, the Buyer should follow the messages displayed and the information available on the Store's website.
- A natural person placing an order on behalf of a legal person or an organizational unit without legal personality who has been granted legal capacity by placing an order in the Store declares that he is entitled to represent that legal person or organizational unit.
- After confirming the order, the Buyer will receive an electronic confirmation of the order. Upon receipt by the Buyer of an electronic order confirmation, a contract is concluded between the Buyer and the Seller.
- The sales contract is concluded in Polish, with the content in accordance with the Regulations.
- The order fulfillment time is given for each product. This is the time that elapses from the payment being credited to the Seller's account or placing an order in the case of selecting cash on delivery until the ordered goods are shipped from the Store, and only working days are taken into account here. An order for goods with different delivery times is sent after completing the whole, i.e. after the longest of the given delivery times. Canceling an order or changing an order - changing the provided personal data or order details (number and type of goods) - the Buyer may do so until the order is shipped by sending an appropriate e-mail letter to the Store's contact address. The above provision does not exclude the Buyer's right to withdraw from the contract referred to below.
- The seller will confirm the acceptance of the order, and after paying for the order, confirm the conclusion of the distance contract.
- The Seller undertakes to ensure that the information on availability provided with the presented goods and services is up-to-date. If the ordered goods are not available, the Buyer will receive information about the unavailability by e-mail. In such a situation, the Parties will determine the further procedure (longer waiting period, partial execution of the order, order cancellation, etc.).
§4 Payments method
- The buyer may choose the form of payment for the ordered goods from the forms presented below:
a) bank transfer to the Seller's account, the number of which is given in the order confirmation.
c) online payments
- The choice of the payment method is made by the Buyer when placing the order.
- Payments in the form of a bank transfer must be made within 3 calendar days of receiving the electronic confirmation of the order. If no payment is made within the above-mentioned period, the order is automatically canceled and the contract concluded between the Buyer and the Seller is automatically terminated.
- The entity providing online payment services by electronic means is Blue Media or PayPal
- The available methods of delivery of the ordered goods are: post office
- The store has the option of delivering goods outside the territory of the Republic of Poland - in this case, the delivery will be made by post.
- The goods are delivered to the address indicated by the Buyer when placing the order.
- The Buyer selects the delivery method when placing the order.
- The Seller proceeds to the execution of the order after the payment for purchases has been made and credited to the Seller's bank account.
To Buyers who are consumers within the meaning of the Act of 23 April 1964 Civil Code (Journal of Laws of 2014, item 121, i.e.) - "Consumer", the Seller is responsible for the non-compliance of the ordered goods with the contract if it is found within 2 years from the delivery of the goods to the Buyer on the terms set out below.
- If the goods sold have a defect, the Buyer may submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Buyer replaces the defective goods with a defect-free one or removes the defect. This limitation does not apply if the goods have already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the goods with a defect-free one or to remove the defect.
- If the Buyer is a Consumer, he may, instead of the removal of the defect proposed by the Seller, demand that the goods be replaced with a defect-free one, or instead of replacing the goods, demand that the defect be removed, unless it is impossible to bring the goods into compliance with the contract in a manner chosen by the Buyer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the goods free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Buyer would otherwise be exposed to the problem.
- The Seller may refuse to satisfy the Buyer's request if it is impossible to bring the defective goods into conformity with the contract in the manner chosen by the Buyer or would require excessive costs compared to the second possible method of bringing the defective goods into conformity with the contract. If the Buyer is an entrepreneur, the seller may refuse to replace the item with an item free from defects or to remove the defect also when the costs of compensating this obligation exceed the price of the item sold.
- The buyer who exercises the rights under the warranty is obliged to deliver the defective goods to the seller's premises at the Seller's expenseMarcin Lewandowski, Leśna, 1C/3, 62-069 Dąbrowa, PL
- Complaints are considered within 14 days. If the complaint is accepted, the Buyer is sent a new copy in place of the goods not in accordance with the order. In the event that the complaint is not accepted, the Store returns the goods under complaint at its own expense.
- The Seller takes steps to ensure that the Store operates properly, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by the Buyers within a reasonable time.
§7 Withdrawal from the contract
- The Buyer who is a Consumer, who concluded a contract with the Seller using means of distance communication, may withdraw from the contract without giving any reason by submitting an appropriate statement in writing within 14 days from the date of delivery of the goods to the Buyer. To meet this deadline, it is enough to send a statement before its expiry.
- The withdrawal must be in writing.
- In the event of withdrawal from the contract by the Buyer who is a Consumer, the contract is considered void and the Parties shall immediately return mutual benefits.
- The Seller immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the contract, undertakes to return to the Consumer all payments made by him, including the costs of delivering the goods.
- The consumer is obliged to return the goods to the Seller immediately, but not later than 14 days from the date on which he withdrew from the contract. The consumer bears only the direct cost of returning the goods.
- The Buyer who is a Consumer is obliged to return the delivered order unchanged. He is also obliged to properly secure the parcel.
- If the Consumer has chosen a method of delivering the goods other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.
- The consumer is liable for a decrease in the 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 of the goods.
- The store returns to the bank account of the Buyer - Consumer the amount due for the returned order.
§8 Personal data protection
- The Buyer's personal data is protected in accordance with the Act of August 29, 1997 on the Protection of Personal Data (Journal of Laws of 2002, No. 101, item 926, as amended) and the Act of July 18, 2002. on the provision of electronic services (Journal of Laws of 2013, item 1422, i.e.).
- The Seller is the administrator of the Buyer's personal data.
- The Buyer's personal data is used to the extent necessary to perform the contract concluded with the Seller. The Buyer agrees to store and process personal data in this way in the process of placing an order in the Store.
- The Buyer's personal data may also be used to send the Buyer information regarding the goods and services provided by the Seller. The Seller clearly informs about the purpose of collecting the Buyer's personal data, as well as about the known or expected recipients of this data. The processing of personal data in this way requires a separate consent of the Buyer expressed in the process of placing an order in the Store.
- The consent referred to in paragraph 1. 3 and 4 above, the Buyer may withdraw at any time by submitting an appropriate declaration to the Seller in writing or electronically.
- The Buyer's personal data is processed in a way that prevents access by third parties. In order to ensure the security of the transmission of messages and data in connection with the operation of the Store, the Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent on the Internet by unauthorized persons.
- The buyer has the right to access, correct and change his personal data at any time.
§9 Intellectual property
- It is forbidden to use any materials published on the Store's website (including photos, reproductions and descriptions of goods) without the written consent of the Seller. All rights to the Store, in particular proprietary copyrights to the Store's graphic design, intellectual property rights, rights to the Store's name, domain, logos, belong to the Seller, and their use may only take place in a manner specified and in accordance with the Regulations or with written consent Seller.
§10 Final Provisions
- In matters not covered by the Regulations, the generally applicable provisions of Polish law shall apply.
- Settlement of any disputes arising between the Seller and the Buyer shall be submitted to the competent courts in accordance with the relevant provisions of the Act of November 17, 1964, Code of Civil Procedure (Journal of Laws of 2014, item 101, as amended).
- The buyer is obliged to read the content of the Regulations and confirm its acceptance when placing the order.
- The Store has the right to amend the Regulations. The Buyer will be notified of each amendment to the Regulations in electronic form by e-mail to the address provided in the registration, no later than 7 calendar days before the entry into force of the new Regulations, with the proviso that orders placed before the amendments come into force are carried out on the basis of the existing rules. Amendments to the Regulations may not violate the acquired rights of Buyers using the Store. Lack of acceptance of the new content of the Regulations by the Buyer means resignation from using the Store's services. The Buyer's account and all data related to it will be permanently and irreversibly removed from the database within 7 days (working days) from the date of sending information about not accepting the new content of the Regulations. After their removal, the Buyer receives a confirmation of account deletion.
- The Regulations come into force on the day of its announcement. However, in relation to each individually designated Buyer, the Regulations enter into force not earlier than the moment that person or entity submits a declaration of acceptance of the Regulations, subject to paragraph 4.