The owner and
website administrator:
Heller Design Studio

ul. Waly Piastowskie 1/1508
80-855 Gdansk, Poland

editorial@camerapixopress.com
EN +48 576 476 243
PL +48 576 476 234

NIP: 5842781182

Terms and Conditions
Privacy Policy
FAQ

COVER PHOTO Anetta G. Heller
image
TERMS AND CONDITIONS

Please read information on this page

Terms and conditions of website, service and online store CAMERAPIXOPRESS.COM website

§1 Basic definitions

§2 General provisions

§3 Terms of providing services

§4 Terms of the contract

§5 Execution of the order

§6 Delivery

§7 Payment methods

§8 Warranty

§9 Withdrawal

§10 Complaint procedure

§11 Responsibility

§12 Out-of-court ways to handle complaints and redress

§13 Provisions regarding entrepreneurs

§14 Final provisions

 

Introduction

Dear Customer, these Regulations govern the manner of concluding sales contracts via the aforementioned website, rules for the implementation of these contracts, including delivery, rights and obligations arising from the applicable law and the procedure for withdrawal from the contract and complaint proceedings. The Regulations consist of four main parts:

a) in § 1 to 3 – there are general regulations of these Regulations;
b) in § 4 to 7 – the process of acquiring the Goods / Services has been described;
c) in § 8 to 12 – regulations concerning the defectiveness of the Goods / Services as well as the right to withdraw from the contract have been concluded;
d) in § 13 to 14 – all other provisions were included.

§1 Basic definitions

1. Online store (service) – CAMERAPIXOPRESS.COM

2. Seller – ANETTA HELLER DESIGN STUDIO, NIP: 5842781182

3. Address of the Seller – whenever the Regulations refer to the address of the Seller, it means the following data:

a) headquarters: Ul. Wały Piastowskie 1 LOK. 1508, 80-855 Gdańsk, Poland;
b) e-mail address: contact@hellerdesignstudio.com

4. Customer, user – a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, which the law recognizes the legal capacity which it has concluded or intends to conclude sales contract.

5. Consumer – art. 221 KC: a natural person who performs with the Seller a legal action not related directly to its business or professional activity.

6. Sales agreement – a sales agreement for the Product placed on the website of the above Online Store concluded or concluded between the Customer and the Seller via the Online Store.

7. Goods – Product, movable, personalized, membership, digital product that the Customer purchases via the Online Store.

8. Order – Customer’s declaration of will, made via the Online Store, specifying: the type and quantity of the Goods in the Online Store assortment at the time of ordering, payment method, manner of delivery of the Goods, place of release of the Goods and customer data..

9. Order form – electronic service, electronic form available in the Online Store, allowing submission and implementation of the Order, inter alia, by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

10. Order processing time – time in which the order placed by the Customer of the Online Store will be completed, packed, sealed by the Seller and forwarded to delivery by the form of delivery selected by the Customer.

11. Working day – one day from Monday to Friday, excluding public holidays.

12. Consumer Rights Act, act  – Act of 30 May 2014 on consumer rights (Journal of Laws from 2014, item 827, as amended).

 

§2 General provisions

1. The Seller declares that it adheres to all required rules for the protection of Customers’ personal data, which are provided, by the Act of 29 August 1997 on the Protection of Personal Data (consolidated text: Journal of Laws of 2015, item 2135, as amended). Customer agrees to the collection, storage and processing of personal data by the Seller solely for the purpose directly related to the implementation of the Service / Product ordered in the Online Store. The detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the “Online Privacy Policy” of the Online Store.

2. By placing orders in the store, the customer has the opportunity to read the Regulations, accepting its contents by marking the appropriate field on the form. To accept the order, it is necessary to accept the provisions of the Regulations. We will inform you that the conclusion of the Sales Agreement via the Internet and the acceptance of the Regulations entails the obligation to pay for the ordered Goods.

3. The data controller applies appropriate technical and organizational measures ensuring protection of personal data reliably to the threats and categories of data protected. First of all, it protects data against their being made available, taken away, processed, lost, changed by damage or destruction by unauthorized persons. The detailed scope of protection has been regulated in accordance with the requirements of the Personal Data Protection policy (security policy, personal data protection regulations, IT system management instruction).

4. The administrator of your personal data is ANETTA HELLER DESIGN STUDIO, mail: contact@hellerdesignstudio.com, tel: +48 576 476 234.

5. Every person whose data is processed has the right to:

a) supervising and controlling the processing of personal data for which the seller maintains a set of customer data of the above-mentioned store;

b) obtain comprehensive information on whether such a set exists and is maintained by the seller;

c) determine who is the data controller, determine his address, registered office, name, when the administrator is a natural person to determine his / her name and place of residence;

d) obtain information about the purpose, scope, manner, and time of data processing contained in such a set;

e) obtain information in a generally comprehensible form of the content of such data;

f) learn the source from which the data which pertains to it originate, unless the data controller is obliged to keep confidential information secret or keep professional secret in this respect;

g) request supplementing, updating, rectifying personal data, temporarily suspending or removing them if they are incomplete, out of date, untrue or have been collected in violation of the Act or are no longer necessary to achieve the purpose for which they were collected.

6. The customer, in accordance with point 6, has the right to inspect the content of personal data being processed, correct it, and request removal of such data. The personal data administrator is obliged to complete, update, rectify data, temporarily or permanently suspend processing or removal from the file on an ongoing basis and immediately after notification, unless the request concerns personal data, for which the mode of supplementing, updating or rectifying specify separate legal provisions in this act.

7. In the process of finalizing the order, the Customer agrees to the collection and processing of personal data by the Seller within the meaning of the Act of 29 August 1997 on the Protection of Personal Data (Dz.U.2014.1182 table). Data may be transferred to another entity only in the case of the law required or necessary for the implementation of the order.

8. The customer may agree to receive from the Seller information about advertising and commercial via email by subscribing to NEWSLETTER.

9. The Customer using the Seller’s Services carried out via the Online Store is obliged to comply with these Regulations to the extent necessary to execute the order and is not inconsistent with the applicable law and with the rules of social coexistence.

10. The Online Store Seller declares that the Goods available and sold in his Online Shop are new, usable, safe and free from physical and legal defects. The goods fully correspond to the properties that are displayed and described on the Online Store website.

11. The Seller executes orders on the territory of Poland and orders placed by Consumers in Europe, and after prior determination of delivery terms also in other countries.

12. All Commodities on the Online Store have been introduced onto the Polish market in a legal and legally compliant manner. Information on the Goods appearing on the Online Store website constitutes an invitation to conclude an agreement within the meaning of art. 71 of the Act of 23 April 1964 of the Civil Code.

13. All prices of Products / Goods / Services provided on the Online Store website are given in the Euro currency, they are gross prices including VAT, customs duties and other legal elements imposed.

14. ATTENTION: The prices of the Goods stated on the Online Store website do not include delivery costs, they are added only at the stage of choosing by the Customer the delivery method of the ordered Goods.

 

§3 Terms of providing services

1. This Online Store provides services via electronic means, the condition for joining the contract is primarily the completion of the online order form in order to conclude a sales contract. Joining the contract is voluntary.

2. The service specified in point 1 is provided free of charge, however, it may require access to the Internet network.

3. The membership is for 12 months. The membership gives you access to our services and online tools via the website. It also gives access to ready-made templates designed by us for books, e-books, marketing, etc.

4. The online store also offers other personalized products, protection helmets for reporters, wind jackets, hats, reflective vests, protective vests, these products can also be personalized.

5. On online profiles, you can voluntarily post your data, photos, photo e-books. Photographer creates an account accepting our regulations, which apply on the site. Photographer posting photos remains the legal owner of their photos, the site only publishes them with permission. There is a COPYRIGHT formula for every published photo online: „COPYRIGHT: All photographs published in the Camerapixo Press magazine and online, have been authorized by the photographers to be published and are protected under international copyright law. It is forbidden to copy or use them in any other form without written permission. All trademarks, graphic designs, logos, names and other data published in the magazine are protected by copyright and belong to their respective owners.”

6. We do not publish photos if we do not have the photographer’s permission to publish them.

7. You can use the Website 24 hours a day, 7 days a week. The website reserves the right to take technical breaks to improve the functionality of the website and to fix errors.

8. The customer, by completing the transaction in the appropriate order window selects the option “I agree to the processing of my personal data contained in the order form by the website for the purpose and scope necessary to complete the order.” – it is necessary for the conclusion of the contract. Providing your personal data is necessary to place an order, failure to provide personal data will be tantamount to withdrawing from the contract.

9. Requirements necessary to use the services of the Website:

a) a device with access to the Internet,

b) a web browser that supports cookies, for example:
• Internet Explorer version 8.0 or later with ActiveX, JavaScript and Cookies enabled
• Mozilla Firefox version 22.0 or higher with Java applets, JavaScript and cookies enabled
• Google Chrome version 28.0 or higher with Java applets, JavaScript and cookies enabled
• Opera version 12.0 or later with Java applets, JavaScript and cookies enabled
• Apple Safari 5.0 or newer with Java, JavaScript and cookies enabled;

c) access to e-mail.

10. The costs associated with access to the Internet and data transmission are borne solely by the User in accordance with the tariff of his provider with which the User has signed a contract for the provision of Internet services.

 

§4 Terms of the contract

1. In order to conclude a valid and binding page of the Sales Agreement, the Customer selects in accordance with the displayed Online Store offer specifying the amount of the Product/Service he intends to purchase and, if possible, indicating the features of the ordered Product and its specification accordingly. Together with the selection of the Product/Service, the Customer completes the online order form, indicating in it the data necessary to perform the order by the Seller, such as quantity, place of delivery and payment methods, based on the messages and information available on the website and contained in these Regulations.

2. Registration of the Customer Account in the Online Service is voluntary and free.

3. Immediately after receiving the order, the Seller shall send the Customer electronically to the e-mail address provided at the time of ordering to accept the order, which is also its confirmation. Upon receipt of the message by the Customer, a sales contract is concluded.

4. The summary and order confirmation message contains all pre-determined conditions of the sales contract, in particular the quantity and type of the ordered Goods/Services, its specification in the case of ordering Goods with individual properties specified by the Customer of the Online Store, the total price to be paid (specified in US Dollar) together with delivery costs and the amount of discounts granted (if applicable).

5. If the Customer has more discount coupons from several sources / promotions, they are combined / added only if it is clearly stated in the Promotional Regulations. In the absence of a record as to how to combine different promotions / discounts, you can choose only one discount (one promotion) for a given purchase.

 

§5 Execution of the order

1. The Seller reliably carries out the Customer’s orders in the order in which they are received – each order is priority and very important to us!

2. The time of order processing for a single Customer is from 1 to 14 working days counting from the date of sending the Order by the Customer. For products with availability ‘on order’ delivery time is determined on the product page. For the duration of the contract consists primarily the time of preparation of the order (completing and packing the order, delivery of the package to the courier, and in selected cases, the performance of the Goods). The delivery time depends on the chosen method of delivery, it may change depending on the type of transport indicated by the Customer.

3. In the event of exceptional circumstances or the inability to perform the order in the indicated in point. 2 time, the Seller immediately contacts the Customer in order to determine the further procedure, including setting a different deadline for the order, changing the method of delivery.

§6 Delivery

1. The delivery of the Goods takes place via the Poczta Polska (Polish Mail) or a courier company operator or is otherwise accepted by both parties that do not incur excessive and unreasonable costs on the part of the Seller and the Customer.

2. Ordered goods are delivered according to the choice of the customer either directly to the address of the customer indicated in the online order form and confirmed by the customer, as an address for shipment or picked up personally at the personal collection point at the address given during the contract.

3. The goods are always packed in a way that suits its properties so that it does not undergo damage, loss or damage during transport. The customer is informed about the delivery costs on an ongoing basis, they are provided when the Customer completes the online order form. The amount of shipping costs depends on the country to which the order is sent, the quantity of ordered goods, their weight and the method of sending the parcel.

 

§7 Payment methods

1. Electronic payment by credit card (including Visa,Visa Electron, MasterCard, Maestro) takes place via the PayPal.com internet payment service.

2. The seller may allow payment for the ordered Goods in the form of a prepayment to the bank account with the following number:

PL 13 1090 1098 0000 0001 4194 6134
USD 72 1090 1098 0000 0001 4194 6333
EUR 15 1090 1098 0000 0001 4194 6292

Swift code: WBKPPLPP

3. The Seller documents the sale of the Goods/Services in accordance with the Customer’s request, either by a receipt or a VAT invoice. Proof of purchase in the form of a receipt or VAT invoice is delivered to the Customer along with the ordered Goods/Services. For all ordered Goods in the Online Store, the Seller has the option of issuing a VAT invoice.

 

§8 Warranty

1. The Seller is liable under the warranty if the defect is found before the expiry of 6 months from the date of release of the Goods/Services to the Consumer. Seller is liable to the Consumer if the Goods/Servicees at the time of its issue was inconsistent with the contract, has physical and legal defects. The Seller is responsible for the inconsistency of the Goods/Services with the contract in the event of its discovery before the expiry of 6 months from the release of this Good to the Buyer, however, in the event of the Goods/Services being replaced, the term runs again. A physical defect is the incompatibility of the item sold with the contract. In particular, the item sold is inconsistent with the contract if:

a) does not have properties that this kind of thing should have due to the purpose of the contract marked or resulting from circumstances or destination;

b) does not have properties that the Seller has provided to the Buyer, including presenting a sample or pattern;

c) is unsuitable for the purpose of which the Buyer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such purpose;

d) has been delivered to the Buyer incomplete.

2. Report on defects of the Goods should be sent by e-mail to the Seller’s e-mail address or in writing to the Seller’s postal address (see § 1 point 3: “Seller’s Address”). If the consumer has difficulties and does not know how to construct a complaint about the defects of the Goods, the application may be sent, for example, on the form constituting Annex 2 to these Regulations, which is only facilitation of the complaint process, does not constitute any requirement to use the above mentioned pattern for effectiveness complaint.

3. If it is necessary for the correct assessment of physical defects of the Goods, upon request and after preliminary arrangements with the Seller, the Goods should be delivered to the address of the Seller’s headquarters (see §1 point 3: “Seller’s Address”) as soon as the Product’s properties allow.

4. The Seller shall respond immediately to the Consumer’s notification, however not later than within 14 calendar days from the date of its receipt. Failure to meet the application within the specified period is tantamount to its inclusion by the Seller and the recognition of it as justified.

5. The Seller covers the costs of collecting the Goods, delivering, removing defects or defects and replacing the Goods with a new one.

 

§9 Withdrawal

1. In accordance with the law, the Customer who is a Consumer pursuant to art. 27 of the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) on consumer rights, you have the right to withdraw from a distance contract without giving any reason.

2.In accordance with art. 38 points 13 of the Act on Consumer Rights – “for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.” – in such a situation the right of withdrawal is not entitled.

3. The right to withdraw from the contract is vested within 14 calendar days from the moment the Product/Service is taken over by the Customer who is also a Consumer or a third party designated by him other than the carrier.

4. When the Customer who is a consumer withdraws from the contract, the contract is considered void and the consumer is released from all obligations. What the parties have witnessed to each other is returned in an unaltered state, unless a change was necessary within the limits of ordinary management. The return should take place immediately, not later than within fourteen days.

5. The Customer who is a Consumer may withdraw from the contract by submitting a statement on the printed form constituting Annex No. 1 to these Regulations, by sending it electronically or to the Seller’s mailing address, at the Customer’s choice. Annex No. 1 is only an aid to withdraw from the contract, it is not a model necessary to exercise the right to withdraw from the contract. The customer may or may not use it. For effective withdrawal, it is enough to send a statement in writing to the address of the Seller.

6. To comply with the deadline set out in point 2 it is enough to send the Customer’s statement on withdrawal from the contract before its expiry.

7. The Seller shall immediately confirm to the Customer the receipt of the withdrawal from the contract and inform the Customer accordingly about the further proceedings, including the method of returning the Goods, and if there are questions, they will answer them.

8. The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the Customer’s statement of withdrawal from the contract, return to the Customer any payments received from him, including the cost of delivering the goods. The Seller shall refund the payment using the same method of payment as the Customer used, unless the Customer explicitly agreed to a different method of payment refund, which does not involve any costs for him.

9. The Customer who is a Consumer shall bear only the direct costs of returning the Good.

10. The consumer has the right to withdraw from a distance contract, without giving a reason and without incurring costs, with the exception of the costs specified in art. 33, art. 34 Consumer Law.

10. If the Seller, after obtaining the Customer’s consent, did not undertake to collect the Goods himself from the Seller, the Seller may withhold the reimbursement of the received payments, including delivery costs until the Goods are returned or the Customer provides proof / confirmation of its return , depending on which event occurs first.

11. The Customer is obliged to return the item to the Seller or transfer it to the person authorized by the Seller immediately, but not later than within 14 calendar days from the day on which he withdrawn from the contract, unless the Seller suggested that he will collect the Goods himself. To meet the deadline, it is enough to return the Goods before its expiry.

12. The Customer who is a Consumer bears only the direct cost of returning the Goods.

13. The Customer shall not be entitled to withdraw from the contract in relation to the contracts referred to in art. 38 of the Act of 30 May 2014 on consumer rights, among others in situation:

a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the provision begins that after the entrepreneur’s performance will lose the right to withdraw from the contract;

b) in which the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur has no control, and which may occur before the deadline to withdraw from the contract;

c) in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs;

d) in which the object of the service is an item subject to rapid deterioration or having a short shelf-life;

e) in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;

f) in which the object of the service are items which after delivery, due to their nature are inseparably connected with other things.

 

§10 Complaint procedure

1. The Service Recipient has the right to complain about Services provided by the Service Provider as part of the Website.

2. The entity authorized to consider complaints is the Service Provider.

3. Complaints should be sent to the address in paragraph 1 point 3 in writing or electronically (an e-mail message in the subject field should contain the word: “complaint”) and should contain:

• subject matter of the complaint and justification of the complaint, indication and description of the necessary circumstances,
• Customer’s designation (name, surname, address, e-mail address).

4. The above premises are an obligatory condition for the Service Provider to consider the complaint.

5. Complaints will be considered by the Service Provider within 14 days of their receipt. The Service Provider’s decision regarding the complaint will be forwarded to the Customer to the e-mail address indicated in the complaint or the address indicated in the letter correspondence.

 

§11 Responsibility

1.The website is not responsible for the content (both verbal and graphic) made available by Users. In the case of claims of third parties related to violation of copyright, related rights or other rights they enjoy, the Website will direct them immediately to the Service Recipient as the entity responsible for the content, and the Service Recipient will accept these claims and in this respect release the Website.

2.. Posting any content and making it available to the customer to disseminate it voluntarily. The seller is not a content provider and in no way identifies himself with them, he is only an entity that provides teleinformatic resources. The customer declares that:

a) is entitled to use and share the contents of proprietary copyrights, industrial property rights or related rights posted by it;

b) placing and providing access to services, personal data, image, information concerning persons other than the Customer was conducted in a lawful, voluntary manner and with the consent of the owners of the content to which they refer;

c) consents and authorizes Camerapixo to publish in digital and print format, the photographs taken by him and sent to the publishers of the Camerapixo magazine for use in the Camerapixo magazine/book and website, without any monetary compensation.

d) attests that has full authorization (model release form signed) to consent to publication of these photos

e) after publication in Camerapixo photography magazine/book,  agrees to, at his convenience, place general information and links to Camerapixo website on his blog and social networking sites.

f) remains the owner of all rights to submitted photographs, including all copyrights, and exif data will remain intact in the images file

g) understands that this is for advertising and promoting his photography work

h) understands that Camerapixo is promoting photographers and photography on many platforms, websites, and social media networks, and the Customer grants the right to use these photographs in the Camerapixo magazine/book Camerapixo website, Camerapixo promotional materials in digital and printed format.

i) The user is responsible for placing high quality images in online profile such as avatar (self portrait preferred). Avatar can not show any logotypes. Camerapixo Press reserves the right to remove profile photo if the photo doesn’t meet our requirements.

3. The customer is not entitled to:

a) placing personal data of third parties, disseminating the image without the required permission or consent of the third party to whom the data pertain;

b) posting content of an advertising and / or promotional nature, inconsistent with the purpose of the store.

4. It is forbidden for the customer to post content that could, in particular:

a) with the intention of violating personal rights of third parties;

b) placed in bad faith or those that could be considered as such;

c) violate the rights of third parties, copyrights, related rights, industrial property rights, business secrets or those classified as confidential, especially those referred to as secret or top secret;

d) placing offensive or threatening content directed at other people, statements commonly considered offensive eg. profanity;

e) violate the legitimate interests of the Seller;

f) sending or posting unsolicited commercial information within the Online Store (spam);

g) otherwise violate good customs, applicable law, social or moral norms

h) promote Nazi, fascist and related views.

5. In the event that the notification is received by a third party, authorized entity or public authority, the Seller reserves the right to modify or delete content posted by the Customer, in the event that they may constitute a violation of these Regulations or applicable law. The seller does not control the content posted on an ongoing basis.

6. The Service Provider will make every effort to ensure the proper operation of the Services and its availability around the clock, but is not responsible for any damages resulting from the improper functioning of the Services for technical reasons.

7. The website is also not responsible for any damage to devices that use the website, device restart or loss of data on the device.

8. The Service Provider does not provide services for archiving files, data or information provided by the Customer.

9. In the event of a breach of the Regulations by the Customer, the Service Provider may suspend the provision of services or terminate the contract with the Customer with immediate effect by disabling / removing active services. In this situation, the Service Recipient is not entitled to a refund of any fees incurred for the Service Provider.

10. The Service Provider does not provide the Customer with any warranty, express or implied, as to the effects and suitability for specific applications of the commercial offer as well as the quality and economic results of the offer.

11. The Service Provider is also not responsible for the actions or omissions of the Service Recipients, or for their improper performance or non-performance by them of the contracts concluded by them with the Customers, in particular, is not responsible for the quality, safety, legality, accuracy and reliability of the information provided by the Service Recipients. The Service Provider is not responsible for the failure of Visitors to enter into an agreement with the Customers and in particular related to reservations, inquiries or concluded contracts.

12. The Service Provider reserves the right to:

• changes in the parameters and functionality of Customer Accounts;
• functional features and capabilities of the Website, in particular the scope and type of Services and its functionality;
• periodic shutdown of the Website, related in particular to its modification, maintenance and repair;
• for important reasons removing the entire content of the Website servers or completely ceasing to provide the Services, after prior notification of Users on the Website pages;
• ceasing to provide Services on the Website in relation to the Service Recipient, which violates the provisions of the Regulations.

 

§12 Out-of-court ways to handle complaints and claims

1. Information on out-of-court complaint consideration and redress procedures, as well as rules of access to these procedures are available at the offices and on the websites of poviat (municipal) Consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/spawy_ind Individualne.php

2. The consumer has, among others, the following options to use extrajudicial means of dealing with complaints and pursuing his claims:

a) contact the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute.

b) requesting a permanent amicable Consumer Court acting at the Provincial Inspector of Trade Inspection with a request to settle the dispute arising from the concluded contract, address www.uokik.gov.pl/wazne_adresy.php.

c) asking for free legal assistance, among others to the Consumer Federation – website address:http://www.federacja-konsumentow.org.pl

3. The Network of European Consumer Center helps in resolving cross-border disputes. The addresses of these institutions are available on the website of the Consumers European Consumer center  https://konsument.gov.pl/en

4. The consumer may also use the online platform for the settlement of disputes (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online Consumer Dispute Resolution system and amendments to the Regulation (EC ) No. 2006/2004 and Directive 2009/22 / EC (the ODR Regulation on consumer disputes). ODR (online dispute resolution) available at the following e-mail address: http://ec.europa.eu/consumers/odr/ The European ODR platform is one common access point for consumers and entrepreneurs, enabling non-judicial resolution of disputes regarding contractual obligations arising from the Internet sales contracts: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN

5. The use of non-judicial means of dealing with complaints and pursuing claims is voluntary and can only take place when both parties to the dispute, i.e. the Seller and the Customer agree.

 

§13 Provisions regarding entrepreneurs

1. The regulations and provisions in this paragraph 13 apply only to Clients and Service Users who are not consumers.

2. In the case of customers who are recipients and who are not at the same time consumers, the service provider may terminate the contract for the provision of Electronic Services with immediate effect even without indicating the reasons, provided that he has sent the client a relevant statement.

3. The Seller informs that pursuant to art. 558 § 1 of the Civil Code, liability under the product warranty for a non-consumer customer is excluded.

4. The Website’s liability is limited within a single claim, as well as for all claims in total, to PLN 100 tax not included. The website is only liable for typical damage foreseeable at the time the contract is concluded and is not liable for lost profits.

5. All disputes between the Website and the Service Recipient who is not a consumer shall be subject to the court having jurisdiction over the headquarters of the Website.

 

§14 Final provisions

1. The online store honors all rights of customers provided for in the applicable law.

2. If applicable law grants customers more favorable provisions than those contained in these Regulations, the relevant provisions of the Regulations are directly replaced by specific norms of applicable law and thus are binding for the Online Store.

3. All content posted on the Online Store website (including graphics, texts, page layouts and logos) use the protection provided for copyrights and are the sole property of the Seller. The use of these contents without the written consent of the Seller results in civil and criminal liability.

4. The store owner, as the administrator of personal data, informs you that:

  • providing data is always voluntary but necessary to perform the order;
  • the person providing his personal data has the unlimited right to access all data and rectification, deletion (right to be forgotten), processing restrictions, the right to data transfer, the right to withdraw consent at any time without affecting the lawfulness of processing, data however, they may be made available to the competent state authorities if the relevant provision requires it.
  • The basis for the processing of personal data will be art. 6 par. 1 point a) and the content of the general data protection regulation;
  • personal data will be stored and processed for the period necessary to complete the processing and fulfillment of the contract, but not longer than for 3 years (6 months period is the period of complaints)
  • the person providing their personal data has the right to file a complaint with the Inspector General when he / she considers that the processing of personal data regarding the execution of the order violates the provisions of the General Data Protection Regulation of 27 April 2016; ”

5. As regards the processing of personal data of this store, the appropriate level of protection has not been determined by the European Commission by decision, but the data will be adequately protected by IT and legal solutions.

6. Your data will be processed in an automated way, including in the form of profiling.

7. In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply, in particular:

a) Act of March 2, 2000 on the protection of consumer rights and liability for damage caused by a dangerous product (Journal of Laws 2000 No. 22 item 271, as amended).

b) Act of 27 July 2002 on special terms of consumer sales and amending the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended);

c) the Act of 23 April 1964 Civil Code (Journal of Laws 1964 No. 16 item 93, as amended);

d) Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2013 item 1422);

e) Act of 30 June 2000. Industrial property law (Journal of Laws 2001 No. 49, item 508, as amended);

f) The Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws 2006 No. 90, item 631, as amended),

g) the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827)

8. The amended Regulations bind Customers if the requirements specified in art. 384 of the Civil Code (ie the customer has been properly informed about changes).

9. The Seller reserves the right to amend the Regulations for important reasons, this is:

a) changes in the law;

b) changes in payment and delivery methods;

c) change in exchange rates,

d) changes in the manner of providing electronic services covered by the regulations,

e) change of the Seller’s data, including e-mail address and telephone number.

10. Amendments to the regulations do not affect the orders already placed and already implemented, the regulations applicable at the time of placing the order apply to them. The seller informs about the intended change at the shop’s website at least 30 days in advance. If the amended regulations are not accepted, the Customer may terminate the contract with immediate effect within 30 days of receiving the message.

11. Disputes arising from the provision of services under these Regulations shall be submitted to the General Court according to the choice of the Customer who is also a consumer, in accordance with the relevant provisions of Polish law.

12. Annexes to the Regulations constitute its integral part. Regulations, Complaint

13. The sales contract is concluded in Polish or English, with the content in accordance with the Regulations.

14. Customers of the above store have access to these Regulations at any time. Commercial use is protected by the LEGATO Law Firm.

15. The Regulations enter into force on October 8, 2019.

 

Copyright note to the Regulations of Sale: The owner of all substantive copyright to the template of these Regulations of Sale is LEGATO Law Firm, which granted this shop the non-exclusive and inalienable right to use these Regulations for the purposes of its own commercial activities on the Internet and extends legal protection to above mentioned  document for the duration of the contract. Copying and distributing the template of these Sales Regulations without the consent of the LEGATO Law Firm is prohibited and may be subject to both criminal and civil liability.

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