Regulations of the online store aniakuczynska.com
Chapter 1. General Rules and Definitions
1. The Terms and Conditions on which we offer service online, including using the Site, rights, obligations and conditions of both Parties, the Store and the Client. The Terms and Conditions provides information that the Store is obligated to present to the Client according to the effective Polish law and as stated in the statue on consumer rights, enacted on May 30th 2014 (Dz.U.2017.683 t.j. with amendments)
2. The Client is obliged to read the Terms and Conditions carefully.
3. The Terms and Conditions are accessible on the Site and open for use, free of charge, also
before the contract is concluded. At the Client’s request The Terms and Conditions are available also in a way that allows to obtain, reexamine, preserve its content with the use of information and communications technology that the Client uses, e.g. electronic mail.
- Terms and Conditions: The Terms and Conditions of Online Store.
- Seller or Service Provider: Paradisenow Anna Kuczyńska, Wybieg 8a m3, 00-788 Warszawa being in charge of the economic activity under the number 526-109-51-14 registered in Central Registration and Information on Business.
- Client or Recipient of Service: a natural person, at least 18 years old, in full capacity to make legs transactions, corporate entity and organisational entity with no juridicial personality nonetheless, able to, on one’s own behalf, take on Rights and assume Obliations, one that establishes legal relations with the Service Provider in terms of the activity of the Store. The Client is also a Consumer, if there is absence of separate resolutions in this case.
- Consument: The Client, being a natural person, entering into legal relations with the Service Provider / making a purchase.
- Electronic Service: service understood as according to the resolution of July 18th 2002 on supply of services electronically supplied / Dz.U. 2017.1219 t.j. ze zm. / , supplied electronically by the Service Provider in behalf of the Client via online Service.
- Store or Online Store, or Service: Service electronically provided, Online Store, run by the Service Provider c/o online address https: 2020.aniakuczynska.com, within which the Client enters into a legal distant sales contract, both sides are provided with information about the proceedings of the sale via electronic mail that is generated automatically. Execution of the contract/ delivery of the product in particular / is being handled outside of the Internet.
- Client’s Account: Electronic Service designated by personalized name / login / and password provided by the Client, a collection of resources in the information and communications technology system of the Service Provider, where data provided by the Client and information about the activities within the Store are collected.
- Commodity or Product: commodities, items sold in the Store, offered by the Service Provider.
- Contract: contract of the sale for delivery, concerning purchase of the Commodity, concluded on account of the placement of the order by the Client and of its acceptance by the Service Provider.
- Form: a document representing an electronic communication tool, making it possible to place an order in the Store or perform other activities in the Store.
- Order: Disposition of the purchased Commodity placed by the Client by way of technical means of communication.
- Newsletter: Electronic Service, electronic distributional service offered by the Service Provider via electronic mail (e-mail) that allows all of the users (the Clients) to receive automatic and periodic messages from the Service Provider (newsletters) that provide information about the Service, including news and promotions in the Store.
Chapter 2. General and technical information
Service Provider’s Contact Information: Biuro Ania Kuczyńska, Słoneczna 36, 00-789 Warszawa, email: firstname.lastname@example.org telefon 00 48 22 515 775 798
Service Provider offers the following Electronic Services:
- Online Store
Service Provider offers Electronic Services according to the Terms & Conditions.
- Technical condition to be made in order to be active within the Store is for the Client to own a computer or other devices that allow for the use of the Internet, proper software / including the browser /, access to the Internet, current and active electronic mail account.
- Submission of illegitimate content by the Client is prohibited. Activity within the Service may result in hazards typical for the use of the Internet, spam, virus, computer hackers’ attacks. The Service Provider acts in order to prevent from the beforenamed. The Service Provider indicates that the public nature of the Internet and the use of online electronic services may be attached to a danger that may result in the Client’s data being obtained by unauthorized persons. For this reason Clients should apply appropriate technical protection, that minimizes dangers listed above, including antivirus software and programs that safeguard identity on the Internet.
- Entering into the contract regarding the Electronic Service provided by the Seller ensues by the agency of the online Store. The Client is able to end his activity and use of the Electronic Service by withdrawal from the Store or by removal of the Client’s Account. In this case the contract regarding the Electronic Service is no longer binding on neither side, with no other declarations necessary.
- It is not allowed to use the Store anonymously or with the use of pseudonyms.
Chapter 3. Personal details
- Personal details provided by Clients the Service Provider processes according to the mandatory legal provisions and guarantees that the data is:
1) processed in compliance with the law
2) collected for indicated, legitimate purposes and are not being used for further processing that is incompliant with these purposes
3) substantively correct and pertinent in proportion to the purposes, in which they are being processed
4) stored in the shape that allows for identification of the persons they concern, not longer than it is necessary to accomplish the objective, i.e. the processing of data
2. The Service Provider is using proper technical and organizational means that provide protection to the processing of personal data, appropriate to the dangers and categories of data under protection.
1) The foundation for the processing of personal data is the Client’s consent or enabling legislation to process personal data, resulting from the legislation on the protection of personal data of August 29th 1997 (Dz.U.2016.922 with amendments) and from the legislation of July 18th 2002 on providing online electronic services (Dz.U. 2017.1219 t.j. with amendments)
2) Clients have the right to withdraw their permission that allows Service Provided to process their personal data by writing to Biuro Ania Kuczyńska, Słoneczna 36, 00-789 Warszawa
3) Clients have the right to control data processing, including its replacement, adjustment, correction, deletion on the principles resulting from the aforementioned rules.
4) The Service Provider guarantees that Client’s personal data is not going to be made accessible to any unauthorized entities. Client’s personal data can be transmitted to the entities authorized to receive them by operation of the effective law, including appropriate bodies.
5) Client’s personal data can be entrusted to third parties for purposes related to the realizzation of the contract concluded with the Client. The Service Provider indicates that the entities entrusted with the processing of personal data are the following: Paris+Hendzel Atelier based in Warsaw, PayU S.A. based in Poznan, PayPal (Europe) S.à r.l. et Cie, S.C.A. based in Luksemburg, Furgonetka Sp. z o. o based in Warsaw, and The Rocket Science Group LLC based in the USA (MailChimp), Kancelaria Podatkowa Ufiks based in Warsaw.
Chapter 4. Additional information
§ 1 Account.
- Account Registration, on the Store’s website, is free of charge and requires the following: The Client is required to fill in the form of registration, providing specified data and make representations concerning acceptance of the Terms & Conditions, processing personal data, distribution of commercial communication. Logging into the account is based on the login and password, created by the Client, that is to be supplied by the Client. Password is confidential and not to be distributed to anybody.
- The Account permits the Client to input and modify data, purchase Commodities, check Order Status and Order History. Electronic Service provided, i.e. the Account, is provided free of charge for an indefinite period.
- The Client is able to delete his/her Account in the Store by sending a proper request to the Service Provider via email on kazumiq@ aniakuczynska.com, or in writing on the Seller’s address: Biuro Ania Kuczyńska, Słoneczna 36, 00 – 789 Warszawa.
§ 2 Newsletter.
- Newsletter Service aims to provide the Client with requested information.
- To use the Newsletter the Client is not required to have an Account. The Service Provider requires the Client to supply an email address and make a statement regarding the acceptance of The Terms & Conditions, the processing of personal data, distribution of commercial information.
- The Client is going to receive a link, on his/her email address, to confirm subscription of the Newsletter, it is not mandatory to confirm the subscription.
- Electronic Service, i.e. the Newsletter, is provided free of charge for an indefinite period.
- The Client is able to withdraw from the subscription by sending a proper request to the Service Provider via email: kazumiq@ aniakuczynska.com, or in writing on the Seller’s address: Biuro Ania Kuczyńska, Słoneczna 36, 00 – 789 Warszawa.
Chapter 5. Sale
§ 1. Commodities.
- All Commodieties offered in the Store are brand-new and have no defects.
- Extensive description of the Commodity is available on the Store’s webpage.
- Guarantee on Commodieties is not provided, after-sales service is not not provided.
§ 2. Orders and their processing.
- The Order can be placed via the form available in the Store or by telephone 00 48 22 515 775 798. Orders can be placed after prior registration, i.e. creation of the Account, in the Store or without registration / shopping as a guest.
- The Client is required to fill in The Form carefully, providing all the necessary and actual data and determining the method of payment and delivery.
- The Client provides data when filling in The Form and makes representations concerning acceptance of the Terms & Conditions, processing personal data, distribution of commercial information.
- Placing Orders in the Store is possible 24 hours a day, 7 days a week. Orders made by phone: Monday – Friday, between 11 a.m. and 7 p.m. Orders placed on Saturdays, Sundays and on holidays are being proceeded on the following business day.
- Order Confirmation is being made by Client when he/she clicks on/marks the “I am buying and proceeding with payment” box. The Service Provider is going to send the Order Confirmation on the email provided by the Client.
- Time of processing The Order / last day marking the day of mailing / equals 4 days.
§ 3. Payment
- All the prices of Commodities provided in the Store are gross prices in the Polish currency / prices with value added tax. The Price of the Commodity does not include fees mentioned below, in point 2. The Price of the Commodity provided in the moment of placing The Order by the Client is binding for both parties.
- Fees associated with the delivery of the Commodity / e.g. transport, delivery, postal services / and any eventual or additional costs shall be borne by the Service Provider.
- The Client can choose the method of payment:
- Payment via PayPal or PayU service – payment made before the shipping of the Commodity. / prepayment / After the placement of The Order the Client is required to make a payment via PayPal or PayU services. Execution of the Order proceeds after the Service Provider receives the payment in the PayPal or PayU payment service.
- Payment on delivery of the Commodity / with cash or by card / The Client pays a fee directly at the time of reception of the Commodity in the Seller’s Flagship Store. The Order is being processed after the placement of The Order by The Client.
- With every sold Item the Store provides a receipt as evidence of the purchase and delivers it to the Client, as long as generally applicable rules require that it must be delivered.
§ 4. Delivery
- The Item is being shipped to the address provided by The Client when filling in The Form, provided the sides do not agree differently on the subject.
- The Item is delivered via courier company or through the agency of postal operator chosen by the Client. The package should be delivered within 4 working days from the date the shipping of the Commodity is being made.
- The Client can collect the Commodity in person in the Biuro Ania Kuczyńska, Słoneczna 36, 00-789 Warszawa.
- The Commodity comes completed with all the elements of its equipment, as well as, the instruction manual, service handbook and other documents required by the generally applicable law.
The Service Provider indicates that:
- with the moment of delivery of the Commodity to the Client or the Carrier, the Client earns all the benefits and burdens connected to the Commodity and the possible dangers of accidental loss or damage of the Item. With the Sale, on behalf of the Consumer, the danger of accidental loss or damage of the Item moves onto the responsibility of the Consumer with the moment when the Item is handed over to the Consumer, this, delivery of the Item to the Consumer, is being understood as entrusting the Carrier with the package by the Seller, if the Seller had no control over the choice of the Carrier by the Consumer.
- To receive the package with the Item by the Client with no objections or reservations means that the right of action, on the score of loss or damage, is no longer extant, unless:
- damage was attested by a protocol prior to the acceptance of the package
- such declaration was waived on the part of the Carrier
- loss or damage was a result of wilful misconduct or an act of gross negligence on the part of the Carrier
- the damage was impossible to assess by the outward appearance but confirmed by the authorized entity after the package was received and the requirement to evaluate the state of the package was made within 7 days of receiving the package and he/she proved that the damage was created between the time that the package was obtained for carriage and its dispatch.
§ 5. Additional information for the Consumer
- The Contract is not binding indefinitely and is not going to be automatically extended.
- The minimum duration of the liabilities involving the Consumer that correspond to the Contract is equivalent to the execution time of the Contract, i.e. making the payment and accepting delivered package.
- To use the Store by the Consumer the Store does not impose on the Consumer the responsibility to provide a deposit or any other financial guarantees.
- The Seller does not have the liability and therefore does not implement the Code of Good Practice referred to in Article 2, point 5 of the statute of August 23rd 2007 on counteracting unfair trade practices (Dz.U.2016.3 with amendments).
Chapter 6. Liability
- The liability by virtue of the warranty on sale is excluded in legal relations with Consumers.
- The Seller is responsible in relation to the Consumer, if the Item has a corporeal defect or legal / warranty on sale / on principles in accordance with the provisions of Civil Code (Dz.U.2017.459 t.j. with amendments) and the legislation of May 30th 2014 on consumer rights (Dz.U.2017.683 t.j. with amendments), including following regulations:
- defect of the corporeal property is declared not to be in conformity with the Contract. Chiefly, the Item is declared not to be in conformity with the contract if:
The Item does not have the properties that the Item of this sort is suppose to have, given the intent designated in the Contract or resulting from the circumstances or intended use;
- the Item is not endowed with properties that the Seller made the Consumer believe the Item possesses
- the Item is not fit for the purpose the Consumer informed the Seller about on entering into the Contract and the Seller did not revealed the objections to such an intent
- the Item issued to the Consumer was imperfect
- the Item has a legal defect, if the Item is owned by a third party or is burdened with a right of a third party, also if restriction in the application or disposition of the Item results from decision or order of the competent authority; in case of selling the right the Seller is responsible also for the existence of a right
3. The Seller is liable by virtue of the warranty on sale for physical defects that existed at the moment that the hazard is passed on the Consumer or results from the cause inhered in the Item at the same point in time
4. The Seller is relieved of the liability by virtue of the warranty on sale if the Consumer knew about the defect on entering into the Contract
5. If the physical defect has been identified before the first year from the day of delivery of the Item, the defect or its cause shall be presumed to occur in the moment the hazard has been passed on the Consumer
6. The Seller is liable by virtue of the warranty, if the physical defect has been identified before the first two years from the day of delivery of the Item to the Consumer, and if the Item acquired by the Consumer is utilized product, meaning all movables, the Seller is liable by virtue of the warranty if the physical defect has been identified before the first year from the day of delivery of the Item.
7. The Consumer’s privileges under guarantee rights:
- to request a reduction in the price of the Commodity or withdraw from the Contract, unless the Seller immediately and without overmuch difficulty for the Consumer exchanges defective Item for the Item free of defects or removes the defect from the Item
- the Consumer can request, instead of agreeing for the proposed by the Seller solution as to remove the defect from the Item, of the Seller to exchange the Item for the Item free of defects or instead of proceeding with the exchange can request that the defect be removed, unless to make the Item achieve the state of compatibility with the Contract in a way chosen by the Consumer is impossible or requires excessive costs in comparison to the solution proposed by the Seller. When assessing excessive costs into account taken are the value of the Item free of defects, nature and significance of stated defect, also considered are the constraints of any other fulfillment that could jeopardise the Consumer’s expectancy
- the Consumer, who exercises the powers under guarantee rights is obliged to supply defective Item, at the Seller’s expense, to the destination designated in the Contract – Ania Kuczyńska Biuro, Słoneczna 36, 00-789 Warszawa, and if such destination is not designated – to the place where the Item was delivered to the Consumer
Chapter 7. The complaint handling policy
- The Client is suppose to direct the Complaints to the Service Provider in writing to the address: Biuro Ania Kuczyńska, Słoneczna 36, 00-789 Warszawa.
The Client can use a sample complaint form available in the Store, yet it is not requisite for the complaint to be considered.
- When it is concluded that the package with the Item is damaged, suffered deterioration or loss, the Client is supposed to submit a complaint to the Service Provider immediately. / no later than 7 days after the day the Client received the delivery / This measure will ensure redress for the Consumer on the side of the Carrier. Foregoing is not requisite in order for the complaint to be considered.
- The Complaint should include a detailed description of the problem along with the Client’s request, alternatively, also photographic evidence.
- The Seller undertakes to examine the complaint within 30 days. If the Seller fails to respond to the Consumer’s complaint within 14 days, the complaint is to be considered grounded.
- If the Complaint is considered grounded, the Seller shall take appropriate action.
- There is a possibility of having recourse to an out-of-court complaint and redress mechanism in the legal relations with the Consumers, including:
- There is a possibility of arbitrary proceedings before the Common Court of Law or other authorities.
Chapter 8. Withdrawal from the contract
- Withdrawal from the Contract by the Service Provider or the Client is possible upon the regulations of the Civil Code (Dz.U.2017.459 consolidated text with amendments)
- The Consumer has the right to withdraw from the Contract within 14 days from the date the Consumer received the Commodity.
- Information on the withdrawal from the Contract by the Consumer are contained in a Letter of Rights of withdrawal, available on the Store’s website.
- The right to withdraw from the Contract by the Client does not appertain in respect to certain contracts i.e.:
- service contracts, if the Seller has completed the Service with the express consent of the Consumer, who, prior to the provision, has been informed that after the supply of service has been completed by the Seller the Client looses the right to withdraw from the Contract
- where the price or compensation depends on fluctuations in the financial market, which are out of the Seller’s control, and which can arise before the deadline for the withdrawal from the Contract
- where the Item is non-prefabricated, made to the Consumer’s specifications or to satisfy the Consumer’s individual needs
- where the Item is liable to deteriorate easily or expire rapidly
- where the Item is delivered in a sealed package and once opened the package cannot be returned due to health protection or hygiene reasons and was unsealed after delivery
- where the Items are goods which are, after delivery, according to their nature, inseparably mixed with other items;
- where the Items are alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the Contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the Seller;
- the supply of a newspaper, periodical or magazine with the exception of subscription contracts;
- the Contract concluded at a public auction;
5. The Seller will immediately reimburse the Consumer, at the latest within 14 days from the day the Seller received the Consumer’s declaration that he is withdrawing from the Contract, for all the payments the Consumer has completed. The Seller returns the payment using the same method of payment that was used by the Consumer, unless the Consumer has expressly agreed on a different method of the refund, which does not involve any additional costs.
6. The Consumer is obliged to return the Item, including all its equipment, in the same package, as long as it serves as an essential element of the Item. The Seller may refrain from proceeding with the reimbursement until the Item is delivered to the Seller or until the Seller receives the confirmation that that Item has been mailed, depending on which occurrence takes place first.
7. The Consumer shall only bear the direct cost of returning the Item.
8. The Consumer shall be responsible for a reduction in the Item’s value that resulted from using the Item in a way that falls outside the scope necessary to establish the nature, characteristics and the functioning of the Item.
9. In the case of the effective withdrawal from the Contract, the Contract is considered non-binding.
Chapter 9. Intellectual Property
- The rights to the Service and its content are owned by the Seller.
- Website address, with an access to the Store, and https://2020.aniakuczynska.com website’s content forms an integral part of copyright and are protected by copyright and intellectual property rights.
- All wordmarks, proper names, graphic designs, films, texts, forms, scripts, source codes, passwords, trademarks, service signs etc. are proprietary marks own by the Service Provider, producer or distributor of the Commodity. Downloading, copying, modifying, reproducing, streaming or distributing any content from the website https:// 2020.aniakuczynska.com, without the consent of the owner, is prohibited.
Chapter 10. Final Provisions
- For any matters not governed by the Terms & Conditions in legal relations with the Clients and Consumers proper generally applicable laws shall apply. Any deviation from the Terms & Conditions require a written form under pain of nullity.
- The competent judicial authority to settle a disagreement between the Seller and the Client or Consumer is the competent judicial authority by residence of the Seller.
Instruction on the right of withdrawal from the contract
Concerns the Consumer
- You have the right to withdraw from the contract within 14 days without giving any reason.
- The withdrawal deadline expires after 14 days from the day You came into a possession of the Item or a third party, other than the carrier and indicated by the consumer has acquired the material possession of the Item.
- To exercise the right of withdrawal it is necessary for You to inform us that You wish to exercise your right of withdrawal from the Contract through clearly worded statement (for instance a letter send by post or e-mail.) You can find our contact details below:
Biuro Ania Kuczyńska
Słoneczna 36, 00-789 Warszawa
adres e-mail email@example.com
- You can use a sample withdrawal form, yet it is not obligatory to do so.
- To meet the withdrawal deadline, it is sufficient for You to send Your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
- Effects of withdrawal from the Contract: in case of withdrawal from the Contract we immediately reimburse all the payments that You have completed, at the latest within 14 days from the day we have been informed about Your decision to exercise the right of withdrawal from this Contract. We will return the payment using the same method of payment that was used in the initial transaction, unless You have expressly agreed on a different method of the refund; in any case You are not going to be charged with any additional costs concerning the return of the Item. We may refrain from proceeding with the reimbursement until the Item is delivered to us or until we receive the confirmation that that Item has been mailed, depending on which occurrence takes place first. Please send or return the Item to us immediately, at the latest within 14 days from the day You have informed us about Your decision to exercise the right of withdrawal from this Contract. The deadline shall have been met if the Item is sent to us within 14 days.
- You will have to bear the direct cost of returning the goods. These costs are estimated at maximum of 20,00 PLN.
- You are responsible for a reduction in the Item’s value that results from using the Item in a way that falls outside the scope necessary to establish the nature, characteristics and the functioning of the Item.
Instruction on the right to exchange the product
Concerns the Consumer
- You have the right to exchange purchased Item within 14 days. The deadline to exchange the product expires after 14 days from the day You came into a possession of the Item or a third party, other than the carrier and indicated by the consumer has acquired the material possession of the Item.
- To exercise the right to exchange the product it is necessary for You to inform us that You wish to exercise your right exchange the Item through clearly worded statement (for instance a letter send by post or e-mail.) You can find our contact details below:
Biuro Ania Kuczyńska
Słoneczna 36, 00-789 Warszawa
adres e-mail firstname.lastname@example.org
- In case of exchange of purchased Item you have the right to exchange a specific model for a different size or color, at the latest within 14 days from the day You have informed us about Your decision to exchange the purchased Item. It is not possible to exchange the purchased Item for a different product of Ania Kuczynska brand that e.g. differs in price. We can withhold the exchange of the Item purchased by You until the Item is delivered to us or until we receive the confirmation that that Item has been mailed, depending on which occurrence takes place first. We have the right to withdraw from the right to exchange the product in following instances:
- Product shows traces of use (soiling, the smell of perfume, animal hair)
- The tags have been removed from the Product.
- The Seller shall bear all fees connected to the exchange of the Product, i.e.
Paradisenow Anna Kuczyńska
Wybieg 8a m3, 00-788 Warszawa
Nip 526 – 109 – 51 – 14