I. General Provisions
- These Terms and Conditions define general rules, the manner of providing services by electronic means and sales conducted via the Online Store - www.pracowniaadamczak.com. The Store is run by Tamara Adamczak who operates the business of Keramos Tamara Adamczak, entered into the register of entrepreneurs of the Central Register and Information on Economic Activity conducted by the Minister of Development; at Zielona Dolina 3, 86-021 Bożenkowo, NIP no. 5542624231, REGON no. 380426486, hereinafter referred to as the Seller.
- Contact with the Seller takes place via:
- email address: firstname.lastname@example.org;
- phone number: +48 507 035 271
- These Terms and Conditions are continuously available on the website www.pracowniaadamczak.com, in a way that it is allowed to obtain, reproduce and record its content by printing or saving it on a carrier at any time.
- The Seller informs that the use of services provided electronically may involve a threat on the part of any Internet user, consisting in the possibility of introducing malware to the IT system of the Customer and obtaining and modifying his or her data by unauthorised persons. To avoid the risk of the above-mentioned threats, the customer should use appropriate technical measures that minimise their occurrence, in particular anti-virus software and a firewall.
Terms used herein mean:
- Working days - these are days from Monday to Friday, excluding public holidays;
- Customer - a natural person who has full legal capacity, a natural person running a business, a legal person or an organisational unit that is not a legal person, the specific legal provisions of which provide legal capacity, who orders within the Online Store or uses other Services available in Online Store;
- Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended);
- Account - a part of the Online Store assigned to a given Customer, by means of which the Customer may perform specific actions within the Online Store;
- Consumer - a customer who is a consumer within the meaning of article 22  of the Civil Code;
- Entrepreneur - a customer being an entrepreneur within the meaning of article 43  of the Civil Code;
- Terms and Conditions - this document;
- Goods - a product presented in the Online Store, the description of which is available at each of the presented products;
- Sales Contract - a Contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
- Services - services provided by the Seller to Customers via electronic means within the meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
- Consumer Rights Act - Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
- The Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);
- Order - Customer's declaration of intent, aimed directly at the conclusion of the Sales contract, specifying in particular the type and quantity of the Goods.
III. The rules of using the Online Store
- Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
- a computer or a mobile device with access to the Internet,
- access to electronic mail,
- browser Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1. or newer,
- Using the Online Store means any activity of the Customer, which leads to familiarisation with the content contained in the Store.
- The Customer is obliged in particular to:
- not providing or forwarding content prohibited by law, e.g. content that promotes violence, defamatory or violating personal rights and other rights of third parties,
- use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
- not taking actions such as: sending or posting unsolicited commercial information within the Online Store (spam),
- use the Online Store in a way that is not inconvenient for other Customers and for the Seller,
- use of all content posted on the Online Store only for personal use,
- use the Online Store in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as the general principles of using the Internet.
- The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
- Account maintenance service in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, which is available on one of the webpages of the Online Store. The contract for the provision of a service consisting in running an Account in the Online Store is concluded for an indefinite period and terminates when the Customer requests to delete the Account or uses the "Delete Account" button.
- The Seller has the right to organise occasional competitions and promotions, the terms of which will always be provided on the Store's website. Promotions in the Online Store do not add up, unless the Terms and Conditions of a given promotion state otherwise.
- In the event of a breach by the Customer of the provisions of these Terms and Conditions, the Seller after the prior ineffective call to stop or remove violations, with the appointment of an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
V. Procedure for the conclusion of the Sales Contract
- Information about the Goods provided on the Store's websites, in particular their descriptions, technical and functional parameters as well as prices, constitute an invitation to conclude a Contract, within the meaning of the Article 71 of the Civil Code.
- All Goods available in the Online Store are brand new, free from physical and legal defects and have been legally placed on the Polish market.
- The condition for submitting the Order is to have an active e-mail account.
- In the case of placing the Order via the Order form available on the Online Store website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Contract for the sale of Goods being the subject of the Order. An offer submitted in electronic form binds the Customer if the Seller sends a confirmation of acceptance of Order realisation to the Customer's e-mail address provided by the Customer, which constitutes the Seller's declaration of accepting the Customer's offer and upon the Customer's receipt the Sales Contract is concluded.
- Placing an Order in the Online Store via the telephone or by sending an electronic message shall take place on the Working Days and times indicated on the Online Store website. For this purpose, the Customer should:
- specify in the content of an email addressed to the Seller the name of the Goods from among the Goods on the Store's website and its quantity,
- indicate the method of delivery and payment method among the delivery methods and payments given on the Store's website,
- provide the data needed to process the Order, in particular: name and surname, place of residence and e-mail address.
- Information on the total value of the Order referred to in the point above is provided each time by the Seller verbally after completing the entire Order or by informing by e-mail along with the information that the conclusion of the Sales Contract by the Customer entails the obligation to pay for the ordered Goods, with this moment a Sales Contract is concluded.
- In the case of the Customer being a Consumer, the Seller each time after submitting the Order, sends the Customer a confirmation of the conditions of the placed Order via telephone or electronic mail.
- The Contract is concluded when the Customer, being a Consumer (in response to the order confirmation sent by the Seller) sends an e-mail to the Seller's e-mail address, where the Customer accepts the content of the Order and agrees to its implementation and accepts the Terms and Conditions and confirms having read the instruction on withdrawal from the Contract.
- After the conclusion of the Sales Contract, the Seller confirms to the Customer its terms, sending them to the Customer's email address or in writing to the address provided by the Customer.
- The Sales Contract is concluded in Polish or English, with the content pursuant to the Terms and Conditions.
- The delivery of the Goods is carried out to the address indicated by the Customer during placing the Order.
- The Customer may choose the following forms of delivery of the ordered Goods:
- through a courier company;
- via the postal operator;
- personal collection at the Seller's personal collection point;
- own transport of the Seller.
- The Seller on the Store's websites in the description of the Goods informs the Customer about the number of Working Days needed to execute the Order and its delivery, as well as the amount of fee for the delivery of the Goods.
- The date of delivery and execution of the Order is counted in Working Days in accordance with point VII sub-point 2.
- The Seller, pursuant to the wish of the Customer, delivers along with the Goods a receipt including the delivered goods.
- If for the Goods covered by the Order, there is a different period of implementation provided, the longest period out of those foreseen applies to the entire Order.
VII. Prices and payment methods
- Prices of Goods are given in PLN and include all components, including VAT, customs and other charges.
- The Customer can choose the following payment methods:
- bank transfer to the Seller's bank account (in this case, the Order will be processed after the Seller sends the confirmation of the Order, and the shipment will be made immediately after the funds are paid into the Seller's bank account and the Order is completed);
- cash upon personal collection - payment at the Seller's personal collection point (in this case, the Order will be processed immediately after the Seller sends the confirmation of acceptance of the Order, and the Goods will be issued at the Seller's personal collection point);
- electronic payment (in this case, the implementation of the Order will begin after sending the Customer confirmation of acceptance of the Order and after receiving by the Seller information from the paying agent system about the payment by the Customer, and the shipment will be made immediately after completing the Order);
- payment in the instalment system (in this case, the processing of the Order will begin after sending the confirmation of the Order by the Seller to the Customer, its completion and after receiving from the billing agent - Santander Consumer Bank S.A. based in Wrocław, Alior Bank S.A. based in Warsaw, mBank with its registered office in Warsaw, BGŻ BNP Paribas with its registered office in Warsaw - payment for the ordered Goods).
- The Seller on the Store's websites informs the Customer about the date on which he or she is obliged to make the payment for the Order. If the Customer fails to pay by the deadline referred to in the preceding sentence, the Seller, after previous ineffective payment request, may withdraw from the Contract pursuant to the Article 491 of the Civil Code.
VIII. The right to withdraw from the Contract
- The Customer who is a Consumer may withdraw from the Contract without giving a reason by submitting an appropriate declaration within 14 days. To comply with this deadline, it is enough to send a declaration before its expiry.
- The Customer may formulate a declaration on his or her own or use the template of the declaration of withdrawal from the Contract, which constitutes Annex No. 1 to the Terms and Conditions.
- The 14-day period is counted from the day on which the Goods were delivered or in the case of the Contract for the provision of Services from the date of its conclusion.
- Upon receipt of a declaration of withdrawal from the Contract by the Consumer, the Seller shall send to the Consumer's e-mail address confirmation of receipt of the declaration of withdrawal from the Contract.
- The right to withdraw from the Contract by the Consumer is excluded in the case of:
- The provision of services, if the Seller has fully provided the service with the express consent of the Consumer, who was informed before the commencement of the provision that after fulfilling the provision by the Seller, he or she will lose the right to withdraw from the Contract;
- Contract in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the Contract;
- Contract in which the subject of the provision is non-prefabricated Goods, manufactured according to the Consumer's specification or serving to satisfy his or her individual needs;
- Contract in which the subject of the provision are Goods that are subject to rapid deterioration or have a short shelf-life;
- Contract in which the subject of the provision are Goods delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
- Contracts in which the subject of the service are Goods which after delivery, due to their nature, are inseparably connected with other items;
- Contracts in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Contract, and delivery of which may take place only after 30 days and value of which depends on fluctuations in the market over which the Seller has no control;
- Contracts in which the Consumer expressly demanded that the Seller should come to him or her for urgent repair or maintenance; if the Seller provides additional services other than those performance of which the Consumer demanded, or supplies Goods other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the Contract shall be granted to the Consumer with regard to additional services or Goods;
- Contracts in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery; delivery of newspapers, periodicals or magazines, with the exception of the Subscription Agreement;
- Contract concluded through a public auction;
- Contracts for the provision of accommodation services, other than for residential purposes, the transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract designates a day or period of provision of the service;
- Contracts for the supply of digital content that are not recorded on a tangible medium, if the performance commenced with the Consumer's express consent before the deadline for withdrawal from the Contract and after informing him or her by the Seller about the loss of the right to withdraw from the Contract.
- In the event of withdrawal from the Contract concluded remotely, the Contract is considered not concluded. What the parties have rendered is returned in an unaltered condition, unless a change was necessary to establish the nature, characteristics and functionality of the Goods. The return should take place immediately, not later than within 14 days. The purchased Goods should be returned to the Seller's address.
- The Seller shall promptly, but no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Contract, return to the Consumer all payments made by him or her, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of return, however this method will not cause the Consumer to incur any cost. The Seller may withhold reimbursement of payments received from the Customer until receipt of the item back or delivery of proof of its return, depending on which event occurs first, unless the Seller has offered to pick up the item from the Customer himself or herself.
- If the Consumer has chosen a method of delivery of the Goods other than the cheapest usual delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
- The Customer bears only the direct cost of returning the Goods, unless the Seller has agreed to incur the cost.
IX. Complaints regarding the Goods under the warranty
- The Seller undertakes to deliver the Goods without defects.
- The Seller is liable to the Customer being a Consumer under the warranty for defects on the terms set out in the Articles 556 - 576 of the Civil Code. In relation to Customers who are Entrepreneurs, the warranty is excluded.
- Complaints arising from violation of the rights of the Customer guaranteed by law or under these Terms and Conditions should be addressed to the following address: Keramos Tamara Adamczak, ul. Zielona Dolina 3, 86-021 Bożenkowo, to the following e-mail address: email@example.com, phone number: +48 507 035 271.
- In order to process a complaint, the Customer should send or deliver the Goods complained about, if it is possible with attaching proof of purchase to it. The Goods must be delivered or sent to the address indicated in point 3.
- The Seller undertakes to examine each complaint within 14 days.
- In the event of any shortcomings in the complaint, the Seller shall call the Customer to complete it as soon as possible, but no later than within 7 days from the date of receipt of the request by the Customer.
X. Complaints regarding the provision of electronic services
- The Customer may report to the Seller complaints in relation to the functioning of the Store and the use of the Services. Complaints may be submitted in writing to the following address: Keramos Tamara Adamczak, ul. Zielona Dolina 3, 86-021 Bożenkowo, to the following e-mail address:
firstname.lastname@example.org, phone number: +48 507 035 271.
- In the complaint, the Customer should provide his or her name and surname, correspondence address, type and description of the problem.
- The Seller undertakes to review each complaint within 14 days, and if it is not possible, to inform the Customer during this period, when the complaint will be considered. In the event of any lacks in the complaint, the Seller shall call the Customer to complete it within the necessary period within 7 days from the date of receipt of the request by the Customer.
- The Goods may have a manufacturer's guarantee.
- The Seller gives indefinite guarantee on ceramic products of its own production. The guarantee policy results from the contents of the guarantee card.
- In the case of Goods covered by the guarantee, information regarding the existence and content of the guarantee and the time for which it is granted is always presented in the description of the Goods on the Store's websites.
XII. Out-of-court ways of settling complaints and pursuing claims
- 1. The Customer who is a Consumer has, among others, the following possibilities of using extrajudicial means of dealing with complaints and claiming redress:
- Entitlement to apply to the Permanent Consumer Arbitration Court operating at the Trade Inspection with a request to settle the dispute arising from the concluded Sales Contract;
- Entitlement to address the Regional Inspector of the Trade Inspection with a motion to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
- Free assistance in settling the dispute between the Customer and the Seller, also using the free help of the district (municipal) consumer ombudsman or social organisation, statutory tasks of which include protection of Consumers (including Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers under the free consumer helpline number 800 007 707 and by the Association of Polish Consumers at email: email@example.com;
- Submitting your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
XIII. Personal data protection
XIV. Final provisions
- All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, website of the Online Store, as well as to forms and logos belong to the Seller, and their use may only be effected in a manner specified and consistent with Terms and Conditions.
- Settlement of any disputes arising between the Seller and the Customer who is a Consumer is subject to the competent courts in accordance with the provisions of the relevant laws of the Code of Civil Procedure.
- Settlement of any disputes arising between the Seller and the Customer, who is an Entrepreneur, is subject to a court having jurisdiction over the head office of the Seller.
- In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Act on Consumer Rights and other relevant provisions of the Polish law shall apply.
- Any and all changes to these Terms and Conditions shall be communicated to each Customer via the information on the main page of the Online Store containing the list of changes and the date of their entry into force. Customers who have an Account will be additionally informed about changes along with their listing to the e-mail address indicated by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. In the event that the Customer who has a Customer Account does not accept the new content of the Terms and Conditions, he or she is obliged to notify the Seller about this fact within 14 days from the date of being informed about the change in the Terms and Conditions. Notifying the Seller about the lack of acceptance of the new Terms and Conditions results in the termination of the Contract.