Online store ulasienicka.pl cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of a possible inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.
1. general provisions
The Internet Shop available at the Internet address www.ulasienicka.pl is run by Urszula Sienicka conducting business activity under the name Ula Sienicka Art Urszula Sienicka registered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, having: the address of place of business and address for delivery: Podkowa Leśna, ul.Topolowa 19, 05-807, NIP: 5781904985, REGON: 170240732 and e-mail address: ulasienickastudio@gmail.com. These Regulations are addressed both to consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed only to consumers or entrepreneurs.
The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, to the extent and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
Definitions:
Working day - one day from Monday to Friday excluding public holidays.
Registration form - A form available on the Online Store that allows you to create an Account.
Order Form - Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Customer -
a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity;
legal entity; or
an organizational unit without legal personality, to which the law grants legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.
Civil Code - The Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
Account - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her in the Online Store are stored.
Newsletter - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions in the Online Store.
Product - a movable item available in the Online Store or a service that is the subject of a Sales Agreement between the Customer and the Seller.
Regulations - these terms and conditions of the Online Store.
Internet store - Provider's online store available at the following internet address: www.ulasienicka.pl
Seller; service provider -Urszula Sienicka running a business under the name of Ula Sienicka Art Urszula Sienicka registered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, having: the address of the place of business and the address for service: Podkowa Leśna, ul.Topolowa 19, 05-807, NIP: 5781904985
REGON: 170240732 and email address: ulasienickastudio@gmail.com.
Sales contract - Agreement for the sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.
Electronic service - service provided electronically by the Service Provider to the Customer through the Online Store.
Customer - a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity;
legal entity; or
an organizational unit without legal personality, which is granted legal capacity by law; - using or intending to use the Electronic Service.
Law on consumer rights, Act - Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
Order - Customer's declaration of will made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. electronic services in the online store
The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.
Account - use of the Account is possible after a total of two consecutive steps by the Customer:
- completing the Registration Form and
- clicking the "Create an account" field. In the Registration Form, it is necessary for the Customer to provide the following details of the Service Recipient: name and surname/company name, e-mail address and password.
The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the address: ulasienickastudio@gmail.com
Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer completes a total of two consecutive steps :
- after completing the Order Form and clicking the "Confirm Purchase" box on the Online Store website after filling out the Order Form: until this point, it is possible to modify the data entered on your own (for this purpose, follow the messages displayed and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house number/apartment, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number.
- The Order Form Electronic Service is provided free of charge and is of a one-time nature and is terminated when the Order is placed through it or when the Service Recipient discontinues placing the Order through it earlier.
Newsletter - you can sign up for the Newsletter by checking the appropriate checkbox when creating an Account - the moment the Account is created, the Customer is signed up for the Newsletter.
The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter cancellation) by sending an appropriate request to the Service Provider, in particular via e-mail to: ulasienickastudio@gmail.com
Technical requirements necessary for cooperation with the information and communication system used by the Service Provider:
- A computer, laptop or other multimedia device with Internet access;
- email access;
- Web browser: Mozilla Firefox version 17.0 and above or Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0. and above, Safari version 5.0 and above; Microsoft Edge version 25.10586.0.0 and above;
- Recommended minimum screen resolution: 1024×768;
- Enable cookies and Javascript in your web browser.
- The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.
Complaint procedure:
Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions) may be submitted by the Customer in electronic form via e-mail to: ulasienickastudio@gmail.com
It is recommended that the Service Recipient provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) contact details of the complainant-this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3 Conditions for entering into a sales contract
The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.
The price of the Product shown on the website of the Online Store is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services fees) and other costs, and when the amount of these fees cannot be determined - about the obligation to pay them, on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
The procedure for concluding a Sales Agreement in the Online Store using the Order Form.
The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.
After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client a relevant e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4 Methods and terms of payment for the product
Payment methods:
Payment by cash on delivery (available only in Poland).
Payment in cash upon personal collection.
Payment by bank transfer to the account: Ula Sienicka Art; 68 1160 2202 0000 0003 4298 0910 (Bank Millennium S.A.)
Electronic payments and payment card payments via Przelewy24.pl - the possible current payment methods are specified on the Online Store website in the "Payment methods" tab and on the website http://www.przelewy24.pl.
Settlement of electronic payment and payment card transactions is carried out according to the Client's choice through the Przelewy24.pl service. Handling of electronic payments and payment cards is carried out by:
GROUP:
PayPro SA
15 Kanclerska St., 60-327 Poznan
NIP: 779-236-98-87 , Regon: 301345068
District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Wydz. Gospodarczy Krajowego Rejestru Sądowego Nr KRS 0000347935, amount of share capital: 4,500,000DialCom24 Sp. z o.o.
ul. Kanclerska 15, 60-327 Poznań
NIP 781-173-38-52, REGON 634509164
District Court Poznań, VIII Wydz. Gospodarczy Krajowego Rejestru Sądowego Nr KRS 0000306513, amount of share capital: 1 697 000
Payment term:
If the Customer chooses electronic payment or payment card payment, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
If the customer chooses cash on delivery, the customer is obliged to make payment upon receipt of the shipment or at the place agreed with the seller if he has chosen personal collection.
5. cost, methods and time of delivery and collection of the product
Delivery of the Product is available on the territory of the Republic of Poland. ( if not, please contact the store staff in advance - ulasienickastudio@gmail.com)
The Product's delivery costs (if any) (including transportation, delivery and postal service fees) shall be indicated to the Customer in the course of placing the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
The Seller provides the Customer with the following methods of delivery or collection of the Product:
Courier delivery, parcel delivery, parcel machines
The term of delivery of the Product to the Customer is up to 14 Business Days, unless a shorter/longer term is specified in the description of the Product in question or when placing the Order. In the case of Products with different delivery terms, the delivery term is the longest term specified, which, however, cannot exceed 14 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
If the Customer chooses payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
If the Customer chooses cash on delivery payment method - from the date of conclusion of the Sales Agreement.
6. product complaint
The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code. For Sales Agreements concluded until December 24, 2014, the basis and scope of the Seller's liability towards the Customer who is a natural person and who purchases the Product for purposes not related to professional or business activity, for non-compliance of the Product with the Sales Agreement are defined by generally applicable laws, in particular the Act of July 27, 2002 on special conditions of consumer sales and amendments to the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).
The Seller is obliged to provide the Customer with the Product without defects. Detailed information regarding the Seller's responsibility for a defect in the Product and the Customer's rights are specified on the Online Store website under the "Complaint" tab.
A complaint can be filed by the customer, for example:
in electronic form via e-mail to: ulasienickastudio@gmail.com;
It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant- this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission.
If it is necessary for the Seller to respond to the Customer's complaint or to exercise the Customer's rights under the warranty to deliver the Product to the Seller, the Customer will be asked by the Seller to deliver the Product at the Seller's expense to the address: Podkowa Leśna, ul.Topolowa 19, 05-807.
7. out-of-court procedures for handling complaints and investigating claims, as well as rules of access to these procedures
Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include protecting consumers, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php; https://www.uokik.gov.pl/sprawy_indywidualne.php and https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php.
A customer who is a consumer has the following examples of out-of-court means of dealing with complaints and claims:
The Client is entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), to resolve a dispute arising from the concluded Sales Agreement. The Rules of Organization and Operation of Permanent Arbitration Consumer Courts are set forth in the Ordinance of the Minister of Justice dated September 25, 2001 on defining the Rules of Organization and Operation of Permanent Arbitration Consumer Courts. (Journal of Laws 2001, no. 113, item 1214).
The Client is entitled to apply to the provincial inspector of the Commercial Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings for amicable settlement of a dispute between the Client and the Seller. Information on the rules and procedure of mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual provincial inspectorates of the Trade Inspection.
The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using free assistance from a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl.
8 Right of withdrawal
A consumer who has entered into a remote contract may withdraw from it within 14 calendar days without stating a reason and without incurring costs, except for the costs specified in Section. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal from the contract may be made, for example:
in electronic form via e-mail to: ulasienickastudio@gmail.com;
The period for withdrawal from the contract begins:
for an agreement in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of an agreement which: (1) involves multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from taking possession of the first Product;
For other contracts - from the date of the agreement.
In the case of withdrawal from a remote contract, the contract is considered not concluded.
The seller is obliged to return all payments made by the consumer to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract. The seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for him.
The consumer must immediately, no later than within 14 calendar days from the date on which he received the product notify of withdrawal from the contract by sending an email to ulasienickastudio@gmail.com . The product must be sent back within 14 days of receiving it to the address: Podkowa Leśna, ul.Topolowa 19, 05-807 ;
If the Product is returned by a Customer from outside the European Union, the Customer is fully responsible for all costs associated with returning the Product to Poland, including shipping costs, customs duties, taxes, import fees and customs handling costs. In the event that the Seller is forced to cover the above costs, their equivalent will be deducted from the amount of refund due to the Customer.
Personalized / custom-made products - Custom-made products, according to the customer's individual guidelines (such as personalized or custom-made necklaces), are not returnable or exchangeable. Each such product is prepared with a specific person in mind, so it cannot be returned.
The consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
Possible costs associated with the consumer's withdrawal from the contract, which the consumer is obliged to pay:
If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.
The consumer shall bear the direct costs of returning the Product.
The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts:
(1) in which the object of performance is a non-refabricated Product, manufactured to the consumer's specifications or serving to meet his individualized needs;
This section of the Terms and Conditions and the provisions contained herein apply only to Customers and Service Recipients who are not consumers.
The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
In the case of non-consumer customers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
At the moment of release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, and for any delay in the transportation of the shipment.
If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the Product during shipment, he is obliged to perform all actions necessary to determine the carrier's liability.
Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product to a Customer who is not a consumer is excluded.
In the case of Service Recipients who are not consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without stating reasons by sending a relevant statement to the Service Recipient.
The Service Provider/Seller's liability to the Service Recipient/non-consumer Customer, regardless of its legal basis, shall be limited - both as part of a single claim and for all claims in the aggregate - to the amount of the price paid and delivery costs under the Sales Contract, but no more than one thousand zlotys. The Service Provider/Seller shall be liable to the Service Recipient/non-consumer Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Service Recipient/non-consumer Customer.
Any disputes arising between the Vendor/Service Provider and a Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.
10. personal data in the online store
The administrator of the personal data of Service Recipients/Customers collected through the Online Store is the Seller.
Personal data of Service Recipients/Customers collected by the administrator through the Online Store are collected - in accordance with the will of the Service Recipient/Customer - for the purpose of performing the Sales Agreement or the Electronic Service Agreement.
Possible recipients of personal data of Customers of the Online Store:
In the case of a Customer who uses the parcel or courier delivery method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
In the case of a Customer who uses an electronic or credit card payment method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
The Service Recipient/Customer has the right to access and correct the content of his/her data. A request in this regard may be made, for example:
in electronic form via email to: ulasienickastudio@gmail.com
Provision of personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude a Sales Agreement or an agreement for the provision of Electronic Services results in the inability to conclude such an agreement. The data necessary to conclude a Sales Agreement or an agreement for the provision of Electronic Services are also indicated each time on the website of the Online Store before concluding a given agreement.
11. opinions
Product reviews. The buyer gets an invitation to give an opinion after the purchase to the e-mail address provided when ordering. Directly from the e-mail address provided, he is taken to the store's website, where he can give an opinion. The opinion, after verification of the e-mail address, is displayed on the store's website in the opinions tab on the product card and on the https://ulasienicka.pl website.
12 Final provisions
Contracts concluded through the Online Store are concluded in the Polish language.
Amendment of the Regulations:
The service provider reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
In the case of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations are binding on the Service Recipient, if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and has not terminated the agreement within 30 calendar days from the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
In the case of conclusion of contracts of a nature other than continuous contracts (e.g. Sales Agreement) under these Regulations, the amendments to the Regulations shall not in any way affect the acquired rights of Service Recipients/Customers who are consumers before the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations shall not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.
In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014. (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.