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Store regulations

Online store regulations

Introductory Provisions

The Agrafka online store - characters and stands, available at the Internet address, www.postacie.com.pl is run by Krzysztof Miadzielec, who runs a business under the name Agrafka Krzysztof Miadzielec, entered into the Central Register and Information on Economic Activity (CEIDG) run by the minister responsible for the economy, NIP 521-324-58-92
These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the online Store and the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.

Definitions

Consumer - a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his or her business or professional activity.
Seller - a natural person conducting business activity under the name of Agrafka Krzysztof Miadzielec, entered into the Central Register and Information on Business Activity (CEIDG) kept by the minister responsible for economy, NIP 521-324-58-92.
Customer – any entity making purchases through the Store.
Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act of law grants legal capacity, conducting business activities on its own behalf and using the Store.
Shop - online shop run by the Seller at the internet address www.postacie.com.pl
Distance contract - a contract concluded with the Customer as part of an organized distance contracting system (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
Regulations - these regulations of the Store.
Order - a declaration of intent of the Customer submitted using the Order Form and aiming directly at concluding a Product Sales Agreement or Products with the Seller.
Account - the customer's account in the Store, it collects data provided by the Customer and information about the Orders placed by him in the Store.
Registration form – a form available in the Store enabling the creation of an Account.
Order Form - an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Cart – an element of the Store software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
Sales Agreement - a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store. Sales Agreement is also understood as - in relation to the features of the Product - a service agreement and a contract for specific work.

Contact with the Store

Seller's address: ul. Herbu Szreniawa 11/28, 02-972 Warsaw with registered office: Trangor Kłobucka 10, 02-996 Warsaw.
Seller's email address: agrafka@postacie.com.pl
Seller's phone number: 508 399 235
Bank account number: 55 1950 0001 2011 5152 2000 0002
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this section.
The Customer may communicate with the Seller by telephone between 8:00 a.m. and 5:00 p.m.

Technical requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, you must:

a terminal device with access to the Internet and a web browser such as Internet Explorer, Mozilla Firefox , etc.,
active e-mail account,
cookies enabled ,,
FlashPlayer installed .

General information

The Seller shall not be liable, to the fullest extent permitted by law, for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.

The prices given in the Store are given in Polish zloty and are gross prices (including VAT).

Creating an Account in the Store

To set up an Account in the Store, you must complete the Registration Form. The following data must be provided:

Email address
Password
Name and Surname
Address

Creating an Account in the Store is free.
Logging in to the Account is done by entering the login and password set in the Registration Form.
The Customer may at any time, without giving any reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses provided in § 3.

Rules for placing an order

To place an Order you must:

log in to the Store (optional);
select the Product that is the subject of the Order and then click the "Add to Cart" button;
log in or use the option to place an Order without registration;
if the option to place an Order without registration has been selected - fill out the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details if they are different from the details of the Order recipient,
click the “Order and pay” button/click the “Order and pay” button and confirm the order by clicking on the link sent in the e-mail,
choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.

Offered delivery and payment methods

The Customer may use the following methods of delivery or collection of the ordered Product:
Postal shipment, postal shipment,
Courier shipment, courier shipment,
Personal collection available at: Trangor Kłobucka 10, 02-996 Warsaw.
The customer can use the following payment methods:
Payment on delivery
Payment by transfer to the Seller's account
Electronic payments ( the payment operator is BlueMedia SA)
Types of supported payment cards: Visa, Visa Electron , Maestro, MasterCard , MasterCard Electronic .
The entity providing online payment services in the field of fast transfer payments is PayPro S.A. (Przelewy24)

Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

Execution of the 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 § 7 of the Regulations.
After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by sending an appropriate e-mail message by the Seller to the Customer to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statements about receiving the Order and its acceptance for execution and confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above e-mail message, a Sales Agreement is concluded between the Customer and the Seller.
In case of selection by the Customer:
payment by bank transfer, electronic payment or payment by card, the Customer is obliged to make the payment within 2 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.
cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
cash payment upon personal collection of the shipment, the Customer is obliged to make the payment upon collection of the shipment within 3 days from the date of receipt of information about the readiness of the shipment for collection.
If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
In the event of ordering Products with different delivery dates, the delivery date is the longest date given.

In case of ordering Products with different delivery dates, the Customer may request delivery of the Products in parts or delivery of all Products after the entire order has been completed.

The beginning of the delivery period of the Product to the Customer is counted as follows:
If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
If the Customer chooses to pay cash on delivery – from the date of conclusion of the Sales Agreement,

If the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer's e-mail address provided when placing the Order.
In the event of ordering Products with different readiness for collection dates, the readiness for collection date is the longest date given.
The beginning of the period of readiness of the Product for collection by the Customer is counted as follows:

If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
If the Customer chooses cash on personal collection – from the date of conclusion of the Sales Agreement.

Delivery of the Product takes place only within Poland.

Right of withdrawal

The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The period specified in paragraph 1 begins upon delivery of the Product to the Consumer or a person indicated by him other than the carrier.
In the case of a Contract covering multiple Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 shall run from the delivery of the last item, batch or part.
In the case of an Agreement which involves the regular delivery of Products for a specified period of time (subscription), the period indicated in paragraph 1 shall run from the taking possession of the first item.
The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the declaration before the deadline expires.
The declaration may be sent by traditional mail, fax or electronically by sending the declaration to the Seller's e-mail address or by submitting the declaration on the Seller's website - the Seller's contact details are specified in § 3. The declaration may also be submitted on a form, the template of which constitutes Annex No. 1 to these Regulations and an annex to the Act of 30 May 2014 on consumer rights, but this is not obligatory.
If the Consumer sends the declaration electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer.
Consequences of withdrawal from the Agreement:
In the event of withdrawal from a Contract concluded at a distance, the Contract shall be deemed not to have been concluded.
In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard method of delivery offered by the Seller.
The Seller will refund the payment using the same payment method that was used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him (The Seller will refund the payment using the same payment methods that were used by the Buyer in the original transaction, unless the Buyer agrees to a different solution; in each case, the Buyer will not incur any fees in connection with this refund).
The Seller may withhold reimbursement until receiving the Product back or until proof of sending it back is provided, depending on which event occurs first.
The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the expiry of the 14-day period.
The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.
The Consumer is only liable for any reduction in the value of the Product resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the Product.

If, due to the nature of the Product, it cannot be returned by regular post, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.
The right to withdraw from a distance contract does not apply to the Consumer in relation to the Contract:

where the subject of the provision is a non-prefabricated item, manufactured according to the Consumer’s specifications or intended to meet their individual needs,
where the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
in which the subject of the service is an item that spoils quickly or has a short shelf life,
for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has performed the service, the Consumer will lose the right to withdraw from the Agreement,
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 Agreement expires,
where the subject of the provision are items which after delivery, due to their nature, are inseparably connected with other items,
where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control,
where the subject of the provision are audio or visual recordings or computer programs supplied in a sealed package, if the package was opened after delivery,
for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
for the delivery 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 for withdrawal from the contract expires and after the Seller informed him of the loss of the right to withdraw from the Contract.

Complaint and warranty

The Sales Agreement covers new Products.
The Seller is obliged to deliver to the Customer a product free from defects.
In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code.
Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.
It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.
Goods returned under the complaints procedure should be sent to the address given in § 3 of these Regulations.
If a warranty has been granted for the Product, information about it and its content will be included in the description of the Product in the Store.
The Seller is obliged to respond to the submitted complaint within 14 days of its receipt.

Extrajudicial methods of handling complaints and pursuing claims

Detailed information on the possibility of using out-of-court complaint and claim settlement procedures by the Consumer and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php

http://www.uokik.gov.pl/sprawy_zdrowie.php

http://www.uokik.gov.pl/wazne_adresy.php

The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims:
The Consumer is entitled to refer to a permanent consumer arbitration court, referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended ), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
The Consumer is entitled to contact the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended ), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller.
The consumer may obtain free assistance in resolving a dispute between him/her and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers).

Personal data in the Online Store

The administrator of Customers' personal data collected via the Online Store is the Seller.
Customers' personal data collected by the administrator via the Online Store are collected for the purpose of executing the Sales Agreement and, if the Customer consents, also for marketing purposes.
The recipients of the personal data of Customers of the Online Store may be:
In the case of a Customer who uses the Online Store's delivery method by post or courier, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out the shipment on behalf of the Administrator.
In the case of a Customer who uses electronic payment or payment card payment in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
The customer has the right to access and correct their data.
Providing personal data is voluntary, however, failure to provide the personal data indicated in the Regulations and necessary to conclude the Sales Agreement results in the inability to conclude said agreement.

Final provisions

Agreements concluded via the Online Store are concluded in Polish.
The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 7 days in advance.
In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights, the Act on the protection of personal data.
The customer has the right to use out-of-court complaint and claim settlement methods. For this purpose, the customer may file a complaint via the EU ODR online platform available at:

http://ec.europa.eu/consumers/odr/ .