STORE REGULATIONS

Regulations for the online store prints.aleksandraszewczuk.com

§ 1 Definitions

The terms used in these Regulations shall mean:

1. Consumer – A User who is a natural person entering into a sales agreement with the Seller that is not directly related to their business or professional activity;
2. Entrepreneur with consumer rights – A User who is a natural person entering into an agreement directly related to their business activity, where the content of the agreement indicates that it does not have a professional nature for them, especially given the nature of their business activity as disclosed under the regulations on the Central Registration and Information on Business (CEIDG);
3. Regulations – These regulations of the online store prints.aleksandraszewczuk.com;
4. Regulation – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;
5. Online Store – The online service available at prints.aleksandraszewczuk.com along with all its subpages, administered by the Seller;
6. Seller/Publisher – MOCNE BRANDY Magdalena Kaczmarek-Mech, NIP PL958 145 51 19, REGON 381 676 216;
7. Goods – Products offered for sale in the Online Store;
8. Sales Agreement – A sales agreement for Goods concluded between the User and the Seller through the Online Store, based on the terms specified in the Regulations;
9. User – A natural person, legal person, or an organizational unit without legal personality that uses the Online Store, particularly placing an Order;
10. Release of Goods – The moment when the User or a third party indicated by them for the receipt of Goods takes possession of the Goods;
11. Order – A declaration of will by the User aimed directly at concluding a Sales Agreement for Goods, specifying in particular the type and quantity of Goods.

§ 2 General Provisions

1. The online store is operated by the Seller and allows for purchases via the Internet.
2. Purchasing in the online store signifies acceptance of the Regulations and an obligation to adhere to its provisions.
3. The Regulations specify the rights and obligations of Users in connection with the use of the Online Store, in particular the principles of concluding sales agreements through the Store for Goods in the Store’s assortment, the rules for performing these agreements, and complaint procedures.
4. To use the Online Store, the User must have an end device with Internet access and a web browser, as well as an active email account.
5. As part of using the Online Store, the User is particularly obliged to:
   1. not provide or transmit unlawful content,
   2. use the Online Store in a manner that does not disrupt its functioning, especially through the use of specific software,
   3. use the Online Store in a manner consistent with the laws in force in the territory of the Republic of Poland, the provisions of the Regulations, and the customs adopted in this regard.

§ 3 Order Placement Rules

1. An order is binding on the parties only if the Seller promptly sends an order confirmation to the email address provided by the User.
2. The Seller may inform the User via the email address provided by the User that, due to longer wait times for certain products, the acceptance of the order is only possible in part. The Seller may request the User to decide whether:
   1. The User cancels the entire order,
   2. The User confirms the part of the order that can be fulfilled and cancels the remaining part,
   3. The User confirms the entire order and agrees to extend the validity of their offer for the time specified in the notification.
3. The sales agreement is concluded at the price that was valid at the time of placing the order and was provided at the time of the order by the User. Otherwise, the Seller reserves the right to freely change the prices of the Goods.
4. The prices listed with the Goods include VAT and are expressed in Polish zlotys on the Polish-language subpages.
5. Discount codes, promotions, and discounts do not combine. The system automatically selects the most advantageous option for the customer.
6. Orders can be placed 24 hours a day, 7 days a week, via the online store’s website, subject to technical breaks during which the Online Store is unavailable, and access to the User Account is disabled.
7. The User can place an order in the Online Store:
   1. after filling in the appropriate fields of the order form.
8. The primary condition for the realization of purchases is the correct completion of contact information, including a valid, active email address and a phone number at which the order can be confirmed.
9. An order is placed using the function of adding a product to the cart and then following the subsequent steps of the order process based on the information presented to the User.
10. Placing an order by the User is equivalent to making an offer to conclude a sales agreement for the Goods being the subject of the order with the Seller. The sales agreement between the User and the Seller is concluded upon the User receiving the confirmation referred to in paragraph 1 above.
11. In the event of circumstances that completely or temporarily prevent the fulfillment of the order, the Seller reserves the right to suspend the order’s fulfillment and undertakes to promptly notify the Buyer of the situation. Orders with incorrectly completed contact information (non-existent email or lack of phone number) will not be processed. The Seller reserves the right to suspend orders that raise doubts.
12. The Seller issues a VAT invoice for the purchased goods. To receive a VAT invoice, the company details along with the VAT number must be correctly provided.
13. The Online Store does not conduct wholesale sales. The available quantity of Goods for sale is continuously updated, and this information is available at the stage of placing an order by the User.
14. The recording, securing, provision, and confirmation of the essential provisions of the Goods Sales Agreement occur by sending the Customer an email to the address provided or by including a printed confirmation with the shipped Goods.

§ 4 Payment Methods

1. The User pays for the ordered Goods using one of the methods listed below:
   1. traditional bank transfer to the Seller’s account,
   2. electronic transfer via an external electronic payment operator,
   3. payment card.
2. Payment is the basis for the Seller to fulfill the Order.
3. When placing an order using the dedicated form, the User selects the payment method for the Goods.
4. If the User chooses the payment methods specified in section 1, items 1 or 2 above, the Order will be canceled if the payment is not received in the Seller’s bank account within 7 days from the date of placing the Order.

§ 5 Delivery

1. Orders are fulfilled within 1 to 14 business days from the receipt of payment for the Goods in the Seller’s account, subject to the provisions of section 2 below.
2. Delivery by courier is not possible to a P.O. Box address.
3. Delivery is made to the address provided by the User; the entitlement of individuals receiving the shipment at that address is not verified. If delivery is impossible or hindered due to the provision of an incorrect address, an address that has become incorrect, or because the delivery was not accepted at that address or was not promptly accepted there, the responsibility for this lies with the User.
4. When placing an order, the User chooses from the delivery options provided by the Seller. Delivery costs are specified each time during the Order placement process.

§ 6 Complaints

1. The Seller is obligated to deliver the Ordered Goods to the User without defects.
2. If the buyer is not a Consumer or an Entrepreneur with consumer rights, complaints and claims for defects in the Goods may be submitted in accordance with the provisions of the Civil Code and the provisions of this paragraph. The buyer mentioned in the previous sentence loses the above rights if they do not notify the Seller about the non-compliance of the Goods with the Order within 2 months of discovering it.
3. The User has the right to submit a complaint along with an indication of the request:
   1. to reduce the price or withdraw from the contract, unless the Seller immediately and without excessive inconvenience to the User replaces the defective item with a defect-free one or removes the defect. If the User is a Consumer, they may instead of the proposed defect removal by the Seller demand replacement of the item with a defect-free one or instead of replacing the item, demand the defect removal, unless bringing the item into conformity with the contract in the manner chosen by the User is impossible or would require excessive costs compared to the method proposed by the Seller.
   2. to replace the item with a defect-free one or to remove the defect. The Seller may refuse to satisfy the User’s request if bringing the defective item into conformity with the contract in the manner chosen by the User is impossible or, compared to another possible way to bring it into conformity with the contract, would require excessive costs. If the User is an entrepreneur, the Store may also refuse to replace the goods with defect-free ones or remove the defect if the costs of fulfilling this obligation exceed the price of the goods.
4. The User is not entitled to withdraw from the contract due to a defect in the Goods if the defect is insignificant.
5. Complaints along with the reasons for their submission, in particular a description of the defect in the Goods, should be submitted in writing to the address: MOCNE BRANDY Magdalena Kaczmarek-Mech, ul. Turkusowa 8B6, 81-158 Gdynia, Poland, or via email to: kontakt@mocnebrandy.pl. The complained Goods should be sent to the Seller along with the complaint.
6. The Seller does not accept any parcels sent back to the Store by COD (cash on delivery).
7. The Seller will review the complaints immediately after receiving the parcel with the complained product.
8. If the Seller accepts the User’s complaint, the Seller will promptly send the User information in the same form as the complaint was submitted or in a form consistent with the User’s instructions.
9. The Seller undertakes to review received complaints without delay, no later than within 30 days from the date of receipt.
10. In the event of accepting the complaint, the Seller will fulfill the User’s request in accordance with their rights specified in this paragraph.
11. In the event of withdrawal from the contract, the Seller will refund the User the full amount paid for the purchased Goods promptly, but no later than within 14 calendar days from the date of positive resolution of the complaint. The refund for the purchased Goods will be made to the bank account from which the payment for the Order was received.
12. If the Seller does not accept the complaint, the User, who is a Consumer, may seek assistance from entities authorized for out-of-court dispute resolution as mentioned in §11 of the Regulations. The Seller expresses willingness to participate in amicable methods of resolving any potential disputes.

§ 7 Complaints Related to Electronic Services

1. Complaints related to the provision of electronic services by the Seller (excluding complaints about Goods, as mentioned in § 6 of the Regulations), particularly those concerning the improper functioning of the online store’s service, can be submitted in writing to: MOCNE BRANDY Magdalena Kaczmarek-Mech, ul. Turkusowa 8B6, 81-158 Gdynia, Poland, or via email to: kontakt@mocnebrandy.pl.
2. The complaint should describe its subject and provide necessary contact details to allow for a response to the complaint.
3. The complaint procedure will be conducted by the Seller, who will make every effort to ensure that the complaint is handled diligently, thoroughly, and in a timely manner, taking into account all circumstances of the case.
4. The Seller will review the complaint within 14 days of receipt. If this is not possible, the Seller will inform the User of the planned deadline for reviewing the complaint.
5. The User will be notified of the outcome of the complaint procedure in the same form as the complaint was submitted or in a manner consistent with their instructions.

§ 8 Right of Withdrawal from the Sales Agreement

1. A User who is a Consumer or an Entrepreneur with consumer rights, who has concluded a Distance Sales Agreement, has the right to withdraw from this agreement without providing a reason, within 14 days from the date of receipt of the Goods. The 14-day period is counted from the day of Delivery of the Goods.
2. To meet the deadline referred to in paragraph 1 above, it is sufficient to send a written statement before the deadline expires, either by post to: MOCNE BRANDY Magdalena Kaczmarek-Mech, ul. Turkusowa 8B6, 81-158 Gdynia, Poland, or via email to: kontakt@mocnebrandy.pl. To exercise the right of withdrawal, the User may use the withdrawal form provided as Attachment No. 1 to the Regulations, but this is not mandatory.
3. In the case of withdrawal from the sales agreement, the agreement is considered not to have been concluded, and any performance by the parties must be returned. The return should be made promptly, no later than 14 days from the day the withdrawal from the agreement was made.
4. The User withdrawing from the agreement is responsible for any reduction in the value of the Goods resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
5. The Seller undertakes to make the refund within 7 working days from the date of receipt of the returned Goods. The refund will include the delivery costs to the User and the cost of the ordered Goods. The Seller does not refund packaging and return shipping costs or any other handling fees. The cost of returning the Goods to the Store is borne by the User.
6. The refund for delivery costs to the User and the cost of the ordered Goods will be made by bank transfer to the bank account specified by the User. The Seller does not accept any parcels sent by cash on delivery.
7. The Seller may withhold the refund of payments received from the withdrawing party until the Goods are received or proof of their return is provided.

§ 9 Personal Data

1. The Administrator of Users’ personal data in the Online Store is the Seller. Personal data is processed for the purposes, to the extent, and based on the principles and legal bases indicated in the privacy policy published on the Online Store’s website. The privacy policy primarily contains principles regarding the processing of personal data by the Administrator in the Online Store, including the bases, purposes, and scope of data processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools on the Online Store.
2. Providing personal data by the User is voluntary; however, it is necessary for making purchases and using services provided electronically by the Seller that require the provision of personal data.
3. The Seller processes personal data for the purpose of providing electronic services, entering into sales agreements with Users, and fulfilling Orders.
4. All information regarding the processing of personal data in connection with Users’ use of the Online Store can be found on the website https://prints.aleksandraszewczuk.com/privacy-policy.

§ 10 Out-of-Court Dispute Resolution and Claims

1. Consumers can use out-of-court methods for resolving disputes and seeking claims in matters of conflict between the Consumer and the Seller. The rules for accessing these procedures are available at the offices or websites of entities authorized to handle out-of-court dispute resolution, such as municipal (district) consumer ombudsmen or Provincial Inspectorates of Trade Inspection. A list of these entities is available on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl).
2. At https://ec.europa.eu/consumers/odr, consumers can use the online platform for out-of-court resolution of consumer disputes (ODR platform). The ODR platform is an interactive, multilingual website designed to assist consumers and businesses seeking out-of-court resolution of disputes arising from distance contracts for the sale of goods or provision of services.

§ 11 Final Provisions

1. In matters not regulated by these Terms and Conditions, relevant provisions of the Civil Code, the Consumer Rights Act of May 30, 2014, the Electronic Services Act of July 18, 2002, and the Regulation shall apply.
2. These Terms and Conditions are effective from March 25, 2024.
3. The Seller is obligated to inform Subscribers of any planned changes to these Terms and Conditions no later than 14 days before the changes take effect.
4. The Seller may amend the Terms and Conditions in the event of:
   1. changes in applicable laws affecting the Parties or their legal relationships,
   2. technological changes to the online store,
   3. organizational changes by the Seller,
   4. introduction of a product with competitive functionalities by the Seller.
5. The Terms and Conditions and their amendments are available on the online store in a format that allows for retrieval, playback, and preservation of the Terms and Conditions content.