OPLOTKA

Terms of Service

TERMS OF SERVICE 

Oplotka Online Store

§ 1.
[subject of regulation]

The following Terms of Service determine the rules of using the www.oplotka.com Online Store: placing orders for goods available in this store, delivery of ordered goods to the Buyer, the Buyer’s payment for the purchased goods, the Buyer’s right to cancel the order and withdraw from the contract and the rules for submitting and processing complaints. These Regulations do not specify the rules of sales, promotions or rules of loyalty policy conducted by the Seller (loyalty cards, discounts, discounts etc.).

§ 2.
[definitions]

Delivery time – the time at which the shop Skompletuje the order and will pass it on to the carrier carrying out the form of delivery chosen by the buyer.

Sales Document – account confirming the sale, in the form of a VAT invoice or a receipt.

Working days – weekdays from Monday to Friday, excluding public holidays.

Payment Method – a way of paying the price for the ordered goods, chosen by the buyer when ordering the goods. Online Payment-The online payment service provider is Blue Media S.A. available payment methods: Visa Card, Visa Electron, MasterCard, MasterCard Electronic, Maestro.

Delivery – the method of delivery of the ordered goods, chosen by the buyer during the order placed.

Registration Form – available on the website of the seller, a questionnaire, whose fulfillment by the buyer is a condition for registering the buyer in the system of selling the seller and making orders in the shop.

Order Form – available on the seller’s website, the questionnaire through which the buyer orders the goods.

Information – Information about the product, on the image of the product, describing the most important terms and characteristics of the product, allowing the buyer to acquaint himself with its properties.

Buyer – a natural person with full or limited legal capacity, a legal entity or an organizational unit without legal personality, which, under the conditions set out in these terms and conditions, uses the online store , in particular making purchases.

Consumer – a buyer who is a natural person who orders, purchases or otherwise uses an online store for a purpose not directly related to his business or professional activity.

Goods – movable items presented in an online shop, which may be the subject of a contract of sale.

Regulations – these Terms with all its annexes.

Online Store – online service under address www.oplotka.com.

Seller – Oplotka Karolina Głuchowska

Party – the buyer or seller, who is collectively called the “Parties”.

Sales Agreement – the contract of sale of goods concluded between the seller and the buyer through the online store.

Order – submitted by the buyer through the online store offer to conclude a sales agreement with the seller.

§ 3.
[transaction parties]

  1. Online store available at www.oplotka.com is being carried out by OPLOTKA KAROLINA GŁUCHOWSKA, it is using following e-mail address: karolina@oplotka.com, the mentioned company shall be referred to as the Seller in the remainder of these Terms and in the various documents proving the transaction.
  2. The buyer in the OPLOTKA online store may be:

    a) A natural person having full legal capacity,

    b) A legal person having the capacity to act,

    c) An organizational unit that is not a legal person, which the law confers legal capacity.

  3. To successfully place an order and conclude a contract, it is necessary for the buyer to have an active e-mail box.
  4. The contract of sale shall be concluded between buyer and seller. The consolidation, security and making available of the relevant provisions of the contract concluded by the transfer to the buyer with the shipment of the account confirming the purchase of the goods (receipt or invoice).

§ 4.
[placing an order]

  1. The OPLOTKA KAROLINA GŁUCHOWSKA online shop sells over the internet and through a network of authorized retail stores. All orders are accepted only through the website www.oplotka.com. To place an order, it is necessary to read the buyer’s terms and conditions and to confirm this fact.
  2. All products offered in the OPLOTKA KAROLINA GŁUCHOWSKA store are hand-made, new, free from physical and legal defects and have been lawfully placed on the market in the territory of Poland. The order of the selected goods is made by completing the form on the website.
  3. The order of the goods follows the following scheme:

    a) The seller presents his goods by posting the individual items on his website www.oplotka.com.

    b) The buyer with a “shopping basket”, completes the order by selecting the goods (individual items) by clicking the “add to cart” button – located under the individual item;

    c) After completing the entire order, the buyer activates the order form in which unchecking the appropriate boxes, selects the method of delivery of the ordered goods and the form of payment;

    d) Then the buyer fills in the order form and submits the order by sending this form to the seller – clicking on the appropriate box in this form;

    e) Each time, immediately before dispatch of the order form to the seller, shall be given to the buyer the total price of all selected goods (detailing the prices of individual articles) and the full cost of delivery of these goods, carried out in Selected by the buyer of the form;

    f) After placing the order, the seller shall send to the e-mail address given by the buyer (in the order form) an order confirmation, covering all relevant elements of the order, such as order number, Total price Order (detailing the prices of the individual articles and the delivery price), the form of delivery.

  4. The prices of all the goods presented in the online shop are gross prices (including VAT goods and services tax), expressed in EURO (€). The price of a particular article, which is binding on the parties to the transaction, is shown on the seller’s website at the time of placing the order by the buyer. The price of the goods does not include the costs of delivery, the information about the cost of delivery is given when placing the order.
  5. The Seller reserves the right to change the prices of the goods available in the online shop and the possibility to carry out and recall all kinds of promotions and sales. The change in the prices of goods does not concern goods already ordered, the price of which is stated at the time the goods are ordered, is binding on the parties.
  6. Each buyer may obtain special discounts and reductions on the goods available in the online store. The rules for granting discounts and reductions determines and publishes the seller’s website.
  7. When purchasing each item, a receipt or VAT invoice is issued, according to the buyer’s wishes. The bill is delivered to the buyer in paper form together with the consignment containing the ordered goods.
  8. For the conclusion by the parties of the contract, the seller receives the receipt by the buyer of the confirmation of acceptance of the order by the vendor. The condition for the acceptance and execution by the seller of the order is correct and complete (to the extent necessary) filling the order form by the buyer.
  9. The order will not be accepted by the seller if the buyer submits incomplete data in the order form which prevents verification of the buyer and the proper delivery of the goods.
  10. If there is no possibility of contact with the buyer due to incorrect address or phone number, the order will be canceled after 5 working days.
  11. If you cancel your order, please contact the buyer immediately.
  12. Proof of Purchase (VAT invoice or fiscal receipt) is attached to each consignment. The sales document is issued at the buyer’s choice – made in the order form.
  13. The placing of an order by the buyer is tantamount to the storage by OPLOTKA KAROLINA GŁUCHOWSKA of the personal data contained in the contract in accordance with the Law on the protection of personal data.
  14. The fulfillment and submission of the order form by the buyer shall be the placing of the seller by the buyer of the offer within the meaning of the Civil Code.
  15. Confirmation by the seller of the acceptance of an order using a means of distance communication (via e-mail) constitutes acceptance of the offer according to the content of the statement made by the seller and decides on the conclusion of Contract (distance contract).
  16. Special conditions of sale and promotion of articles are available until stock lasts or the pool of the respective promotion. Due to a limited number or number of articles included in a sale or promotion, orders placed after stock or promotion pools will not be executed, which the buyer will be informed by telephone or e-mail through (instead of an order confirmation, the seller will send the buyer the relevant information). Sales, promotions and other special conditions of sale, only available in the www.oplotka.com online store.
  17. Special price Promotions available only in the online store may involve the purchase of another article and are only valid under the terms of the promotion described in the item card. The number of articles covered by the promotion is limited.
  18. The seller has the right to refuse to accept the order, limit the method of payment or require a prepayment if the order raises reasonable doubts about the truthfulness and reliability of the data provided or the method of payment, and if The fulfillment of the order may be liable to expose the seller to administrative, civil or criminal liability or threaten to harm it (including the ujmą image).

§ 5.
[forms of payments]

  1. The buyer shall be entitled to choose the form of delivery and payment of the goods together with the delivery. Information on the seller’s accepted payment methods can be found on the seller’s website in the “Supplies and returns” section. The buyer shall choose the payment method in the order form – completing it according to § 4 para. 3 point D.
  2. The seller accepts the following forms of payment:

    a) Payment by credit card via the Internet during the ordering, ie. During the ordering process, the purchaser using a credit card shall pay for the goods and the order is made provided that the seller obtains a positive authorization from the electronic payment operator and the buyer’s bank;

    b) Payment by transfer to the bank account of the seller, whereby the order will be executed after receipt of funds to the following bank account of seller:

    OPLOTKA KAROLINA GŁUCHOWSKA
    BANK: ING BANK SLĄSKI 84 1050 1041 1000 0023 1058 4921

    c) Payment of rapid transfers over the Internet during the placing of the order, ie. During the ordering process the purchaser shall pay for the goods by quick transfer and the order is made provided that the seller obtains a positive authorisation from the electronic payment operator and the Buyer’s bank;

  3. The cost, time and method of delivery of the goods result from the purchaser’s chosen form of delivery.
  4. Within 10 working days of obtaining a positive authorisation from the electronic payment operator and the Bank of the buyer, or from the date of receipt in full to the seller’s account, the goods together with the sales document in The form of a fiscal receipt or at the request of the buyer of a VAT invoice, is sent to the address indicated by the buyer in the order form.
  5. After accepting the order and sending the order confirmation to the buyer, the seller waits 5 working days for positive authorization from the electronic payment operator and the Bank of the buyer, or for the influence of receivables in full To the seller’s account. In the event of an ineffective expiry of the above deadline, the order is automatically cancelled and the buyer’s failure to read as a cancellation of the contract.

§ 6.
[shipping]

  1. Delivery of goods ordered in the online shop www.oplotka.com.

  2. The seller shall deliver the goods ordered in the following forms of delivery:

    a) delivery to the address indicated by the buyer via Courier Mail,

    b) delivery to the address indicated by the buyer through the public Postal Service (Polish post).

  3. When supplying the territory of the Republic of Poland, the buyer is obliged to pay the costs:

    a) delivery through the post – in the amount of 20 PLN.

  4. For deliveries outside the Republic of Poland, the buyer is obliged to pay the costs:

    a) delivery through the post – in the amount of 5€.

  5. Unless the buyer has indicated to the seller any other time of delivery, the seller shall within ten working days of obtaining a positive authorization from the electronic payment operator and the Bank of the buyer, or from the date of receipt in full To the seller’s account, sends the ordered goods to the buyer’s address, with the bill and the withdrawal form.
  6. The ordered goods are delivered to the address indicated on the order form.
  7. The cost of delivery shall be borne by the buyer and shall be given when placing the order.
  8. About the status of the order, the buyer is informed via email.
  9. Receipt of goods must be confirmed in writing. Upon receipt of the goods, the buyer shall pass the ownership of the goods and all risks associated with the possession and use of the goods, in particular the risk of loss, destruction or damage to the goods.
  10. When receiving the goods, the buyer is obliged to check that the consignment has no damage caused during transport and is in compliance with the order.

§ 7.
[complaints]

  1. All goods in the www.oplotka.com store offer are hand-made, new and are covered by the manufacturer’s warranty. The warranty document is the sales document.
  2. Upon collection of the goods, the buyer is obliged to check the condition of the consignment.
  3. For physical or legal defects of the goods, the seller shall be liable to the buyer who is the consumer-on the principles set out in article 5. 556 and subsequent Civil Code (guarantee).
  4. The seller is liable for the warranty, if the physical defect is determined before the expiry of 12 months, from the date of delivery of the goods to the buyer who is a consumer.
  5. A claim of the buyer who is a consumer for the removal of the defect or the exchange of goods sold for free from defects shall lapse from the end of the year from the date of the defect.
  6. A physical defect is the non-conformity of the goods sold with the contract. In particular, the item sold is not in conformity with the contract if:

    a) there is no property which thing of such kind should have, by reason of the purpose in the contract determined or arising from the circumstances or purpose;

    b) there is no property whose existence the seller assured the buyer, including presenting a sample or design;

    c) is not suitable for the purpose for which the buyer informed the seller at the conclusion of the contract and the seller has not objected to such purpose;

    d) has been delivered to the buyer in an incomplete state.

  7. If a contract is concluded with a buyer who is a consumer, if a physical defect has been detected before the end of the year from the time of the issue, it is assumed that it existed at the time of the transition of danger to the buyer (the moment of receipt of the goods).
  8. The seller is liable to the Buyer if the product sold (individual article) is owned by a third party or if it is encumbered with the right of a third party, and if the restriction in the use or disposal of a given item results from a decision or ruling of the competent authority (legal defect).
  9. If the goods have a defect to a buyer who is a consumer, he may:

    a) submit a statement of request for price reduction,

    b) submit a statement of withdrawal from the agreement,

    c) require replacement with the product free from defects,

    d) request the rectification of defects.

  10. The buyer may not withdraw from the contract if the defect is irrelevant.
  11. The buyer who is a consumer who executes the rights under the warranty, is obliged to provide the defective item at his cost to the address indicated in paragraph. 29, and if, due to the type of thing or the method of its installation, delivery of things by the Buyer would be excessively difficult, the Buyer is obliged to provide the Seller with the item where the item is located.
  12. The returned goods must be accompanied by an invoice or receipt and a completed complaint form which is available for download in the “Shipping and returns” section. In the form, specify which option customer is interested in: repair of goods, exchange of goods, refunds.
  13. The seller within 14 (fourteen) days will respond to the notification of the Buyer who is a consumer. Otherwise, it is considered that the Seller has considered the Buyer’s statement or request to be reasonable.
  14. The seller shall, in the case of a request by the buyer referred to in 9 a or b, replace the defective item with a defect free one or remove the defect, provided that this occurs immediately and without undue inconvenience to the buyer.
  15. If, however, the item has already been replaced or repaired by the seller, Buyer is not entitled to exchange things or rectify the defect anymore.
  16. Buyer who is a consumer may, instead of the removal proposed by the Seller, demand the exchange of goods for free from defects, or instead of replacing demand the removal of the defect, unless bringing things to comply with the contract in the manner chosen by the Buyer is impossible or would require excessive costs compared to the way proposed by the Seller, while the cost of things free of defects is taken into account when assessing the cost overruns, the type and significance of the defect found, as well as the inconvenience to which the Buyer would be exposed in case of other way of satisfying the claim.
  17. The Seller may refuse to satisfy the Buyer’s request, if it is impossible to bring the defective item into conformity with the Agreement in the manner chosen by the Buyer, or it may require excessive costs in comparison with the second possible way to bring the goods into conformity with the Agreement.
  18. In the case of a price reduction, the reduced price should remain in such a proportion to the price resulting from the contract, in which the value of the item with the defect remains to the value of the item without a defect.
  19. The seller is obliged to replace the defective item to free from defects or to remove the defect within a reasonable time without undue inconvenience to the purchaser who is a consumer.
  20. In the case of contracts concluded with buyers who are not consumers within the meaning of art. 221 of the Civil Code, pursuant to art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty is excluded.
  21. In the event of an investigation before a court or arbitral tribunal of one of the rights under the warranty, the time limit for exercising other rights provided for by the Act for which the consumer is entitled shall be suspended pending the final conclusion of the proceedings in this case. Accordingly, these rules also apply to mediation proceedings, while the time limit for exercising other rights under the warranty vested to the consumer begins to run from the date of refusal by the court to approve the settlement concluded before the mediator or ineffective termination of mediation conducted.
  22. The running of the period for exercising the warranty rights for legal defects of the item sold starts from the date on which the Buyer who was a consumer learned about the defect, and if the Buyer learned about the defect only as a result of an action of the third party – from the day on which the judgment or the decision of the authority issued in the dispute to a third party has become final or binding.
  23. If, due to a defect in the sold item, the Buyer who is a consumer filed a statement of withdrawal or price reduction, he may demand compensation for the damage he suffered because he entered into a contract without knowing the defect, even if the damage was due to circumstances for which the Seller did not renews the responsibility and in particular may demand reimbursement of the contract, collection costs, wire, storage and insurance of things, reimbursement of expenditures in the extent to which they benefited and did not receive their return from a third party and the costs of the process. The above regulation does not infringe on universally binding regulations regarding the obligation to repair damage on general principles.
  24. If the defect is concealed by the Seller, the expiration of the period does not exclude the rights under the warranty.
  25. The complaint address, i.e. the address to deliver or send back the advertised goods is: 25. Ul. Ostródzka 74R m 2, 03-289 Warszawa.
  26. Complaints are considered at the latest within 14 days from the date of receipt by the Seller of the parcel with the advertised product.
  27. The universally binding legal provisions regulating the institution of warranty for defects can be found in the Act of 23 April 1964. The Civil Code in art. 556 and the next.

§ 8.
[right to withdrawal]

  1. Pursuant to art. 27 of the law of 30.05.2015 consumer rights, the buyer who is a consumer who has concluded a distance contract may withdraw from it without giving reasons and without incurring the costs (subject to paragraph 2), by making the seller the relevant statement in within 14 (fourteen) days from the date of service of the contract (ordered goods). The Return/exchange form is for download on the www.oplotka.com Website. To keep this time limit, you only need to send a statement with the returned product and receipt before it expires. Shipping to address ul. Ostródzka 74R m 2, 03-289 Warszawa.
    Cash-on-delivery shipments will not be accepted.
  2. The declaration of withdrawal may be submitted on the form (which is provided in the complaint form available for download on the website www.oplotka.com withdrawal form is also available on the OPLOTKA KAROLINA GŁUCHOWSKA shop website. A declaration of withdrawal from the contract may also be submitted in another form – in accordance with the provisions of the Act on consumer rights.
  3. In the case of withdrawal from the agreement, the contract shall be deemed not to be concluded.
  4. The seller is obliged without delay, no later than within 14 days from the date of receipt of the statement of the purchaser who is a consumer of withdrawal from the contract, reimburse the buyer for payment made by him, minus the cost of delivery of the goods.
  5. The seller shall reimburse the payment using the same method of payment as the buyer, unless the buyer who is a consumer has expressly agreed otherwise in return, which does not incur any costs.
  6. If the seller has not proposed that he will pick up the goods from the buyer who is a consumer, he may withhold the reimbursement of payments received from the buyer, until the goods have been returned or the consumer has supplied proof of his return, Whichever occurs First.
  7. Buyer who is a consumer is obliged to return the goods to the seller or to transfer it to a person authorized by the seller to receive it immediately, but no later than 14 days from the date on which he departed from the Contract. It is sufficient to send the goods before the expiry Date.
  8. Buyer who is a consumer bears only direct costs of returning things, unless the seller has agreed to incur THEM.
  9. If the goods have been delivered to the buyer who is a consumer to the place of his residence at the time of conclusion of the contract, the seller is obliged to collect the goods at his own expense, when due to the nature of the goods, it is not possible to return it in the usual way by Mail.
  10. A buyer who is a consumer is responsible for reducing the value of the goods as a result of using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the GOODS.
  11. The amount of the payment shall be calculated in proportion to the extent of the fulfilled benefit, including the price or remuneration agreed in the Contract. Where the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the benefit Fulfilled.
  12. In the event of a partial withdrawal from the contract, i.e. Derogation for individual articles delivered in accordance with the order, the above regulations shall apply mutatis Mutandis.

§ 9.
[protection of personal data]

  1. By placing an order in the OPLOTKA KAROLINA GŁUCHOWSKA online store the Buyer agrees to the processing of his personal data for the purposes of the implementation of the sales contract. Providing by the Buyer personal data, to the extent necessary to perform the contract of sale and its proper documentation is mandatory, in the remaining extent depends on the consent of the Buyer to provide them.
  2. The personal data provided by the Buyer are the minimum necessary for the proper performance of the contract by the Seller and are used only to:

    a) execute the contract,

    b) send information about new goods, services and promotions offered by the OPLOTKA KAROLINA GŁUCHOWSKA store only if Buyer agreed to it.

  3. Personal data of the Buyer are protected in accordance with the Act of 29 August 1997 on the Protection of Personal Data (ie: Journal of Laws of 2002, No. 101, item 26) in a way that prevents access to them to third parties. More information is available on the Seller’s website – Privacy policy.
  4. The administrator of the personal data of the OPLOTKA KAROLINA GŁUCHOWSKA online store is the Seller. This data is not made available to third parties for marketing purposes or for any other purpose. At any time, the Buyer has the right to access, correct and delete his personal data. In order to implement these rights, the user can contact the store administrator by sending an e-mail at: karolina@oplotka.com or by mail: ul. Ostródzka 74R m. 2, 03-289 Warszawa.

§ 10.
[final provisions]

  1. All rights to OPLOTKA KAROLINA GŁUCHOWSKA online store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, store website, as well as to patterns, forms, logos posted on the store’s website (except for logos and photographs presented on the website of the store for the purpose of presenting goods to which copyrights belong to third parties) belong to the Seller, and the use of them can only take place in a manner specified and compliant with the Regulations and be with the consent of the Seller.
  2. The Seller reserves the right to display advertising content on the offered products as well as goods and services of third parties on the website of the store, in the forms used on the Internet.
  3. It is forbidden to use the Online Shop or the website of the store by the Buyer or third parties to send unsolicited commercial information.
  4. Information about goods placed on the store’s website does not constitute an offer within the meaning of art. 543 of the Civil Code. The presented presentation in the store does not constitute an offer within the meaning of the Civil Code, it is only an invitation to start negotiations (in accordance with Article 71 of the Civil Code).
  5. Placing an order in the online store OPLOTKA KAROLINA GŁUCHOWSKA means acceptance of the rules of sale resulting from the Regulations by the Buyer and obliges the Buyer to comply with the rules contained therein.
  6. All disputes between the parties shall be settled by the court competent for the seat of the Seller, except for disputes to which the consumer is a party.
  7. In the event of a dispute arising from an agreement concluded on the basis of these Regulations or in connection with it, the Buyer who is a consumer may bring an action against the Seller before a competent common court. In this case, the rules provided for in the Code of Civil Procedure apply (the consumer may bring an action before the court having jurisdiction over the place of residence / seat of the defendant, in the case of an action to conclude the contract, determine its content, change the contract and determine the existence of the contract, its execution, termination or annulment as well as damages due to non-performance or improper performance of the contract also before the court of the place of performance of the contract).
  8. The Seller shall not be responsible for blocking by e-mail server administrators sending messages to the e-mail address indicated by the Buyer and for deleting and blocking e-mails by software installed on the computer used by the Buyer.
  9. In matters not covered by these regulations, generally applicable provisions of Polish law shall apply.
  10. The Regulations do not exclude or limit any rights of the Buyer who is a consumer who is entitled to him under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law, granting rights to consumers, priority is given to these provisions.
  11. The Seller reserves the right to change the Regulations for important technical, legal and / or organizational reasons, however, all orders placed before the change date will be subject to the provisions of the previously applicable Regulations. The registered Buyer will be informed about the change of the Regulations 14 days in advance, placing an order in the online store OPLOTKA KAROLINA GŁUCHOWSKA after the expiration of this term means acceptance of the sales rules resulting from the amendments to the Regulations. The amended Regulations will be published on the Store’s website.
  12. Regulations may be recorded, obtained and reproduced by printing it or saving it on an appropriate data carrier.
  13. The model withdrawal form is attached to these Regulations.
  14. Regulations come into force on 25/05/2018.
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