1. PRELIMINARY PROVISIONS
1. This document sets out the terms and conditions for the sale and provision of services in the online shop operated at www.korneliarataj.com by Kornelia Rataj-Zielińska, trading under the name:
KORNELIA RATAJ KORNELIA RATAJ-ZIELIŃSKA
Business address:
49 Czernica,
58-521 Jeżów Sudecki
Tax Identification Number (NIP): 6112765952
Email address:
[email protected]
Telephone number: +48730007475
The telephone line is open from Monday to Friday, 08:00–14:00. Email address [email protected] under the terms of these Rules.
(2) When the Customer decides to contact the Seller by telephone, he/she shall bear the costs of a normal telephone call at the rates of the operator chosen by him/her.
(3) The Terms and Conditions are continuously available on the websites of the Store, in a manner that makes it possible to obtain, reproduce and record their content by printing or saving them on a carrier at any time, and are made available to the Customer after the conclusion of the contract in a manner that allows future access to them.
(4) Acceptance of these Terms and Conditions is voluntary, but necessary to use the Online Shop, including to create an account in the Online Shop or to place an Order.
5. The Seller is entitled to organise occasional competitions and promotions, the terms and conditions of which will be published on the Shop’s website or set out in separate terms and conditions on each occasion.
6. Promotions in the Online Shop cannot be combined, unless the terms and conditions of a particular promotion state otherwise.
7. The colours of the products shown on the website may differ slightly from the actual colours of the products. These differences may result, in particular, from the individual technical settings of the device on which the image is displayed (e.g. a monitor, mobile phone or tablet), as well as from the properties of the materials used and the dyeing processes applied. Minor colour differences between individual production batches, resulting from manufacturing processes, do not constitute a product defect, provided that the product retains the features and properties described in the product description.
8. Products may exhibit slight variations resulting from being handmade, the specific characteristics of the materials used, the manufacturing process or the finish of individual components. This applies in particular to natural variations in structure, texture, colour or minor details of workmanship. Technical or aesthetic changes introduced by the manufacturer or brand may occur, provided they do not affect the product’s essential characteristics, functionality or compliance with the description provided in the offer.
9. The above differences do not limit the consumer’s rights under the applicable legislation concerning the conformity of goods with the contract.
10. Contracts concluded via the Shop are drawn up in Polish.
11. For the purposes of interpreting these Rules, the following terms shall have the meanings set out below:
(a) The Seller – Kornelia Rataj-Zielińska, trading as KORNELIA RATAJ KORNELIA RATAJ-ZIELIŃSKA.
(b) The Shop – the online shop operated by the Seller at www.korneliarataj.com.
(c) Customer – a natural person, a legal person or an organisational unit with legal capacity who uses the Shop or enters into a contract of sale with the Seller.
(d) Consumer – a natural person who enters into a legal transaction with the Seller that is not directly related to their business or professional activities, in accordance with Article 22¹ of the Civil Code.
(e) A trader with consumer rights – a natural person carrying on a business who enters into a contract directly related to that business, provided that the terms of the contract indicate that it is not of a professional nature, as determined in particular by the nature of the business activity disclosed in the CEIDG.
(f) Business Customer – a customer who carries on a trade or profession and who enters into a contract in the course of that activity.
(g) Product – a movable item available in the Shop and intended for sale.
h) Shopping basket – a service available to every Customer using the Online Shop, which enables them to place an Order for one or more Products and to enter discount codes
enabling the Price to be reduced in accordance with the terms set out in separate agreements/terms and conditions, displaying a summary of the Price for individual Products and for all Products combined (including any delivery costs, where applicable), and displaying the estimated delivery date for the Products.
(i) Sales Contract – a contract entered into between the Customer and the Seller concerning the sale of the Product.
(j) Distance contract – a contract concluded without the parties being physically present at the same time, using means of distance communication.
(k) Order – a declaration made by the Customer via the Shop, with a view to concluding a contract of sale for specific Products.
(l) Order form – an electronic form enabling the submission of an Order.
(m) Customer Account – an individual feature of the Shop enabling the Customer to access their order history and manage their details.
(n) Electronic services – services provided electronically by the Seller via the Shop.
(o) Working day – a day from Monday to Friday, excluding public holidays.
(p) Proof of purchase – a document or piece of information enabling confirmation that a transaction has taken place, in particular a receipt, invoice, payment confirmation, order number or other details enabling the purchase to be identified.
q) Terms and Conditions – this document setting out the rules for using the Shop.
r) Online Shop – the online shop operated by the Seller, available at www.korneliarataj.com
(s) The Consumer Rights Act – the Act of 30 May 2014 on consumer rights.
(t) GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of personal data.
2. RULES FOR THE USE OF THE ONLINE SHOP
(1) In order to use the Online Shop, it is necessary for the User's ICT system to meet the following requirements:
(a) a computer or mobile device with Internet access
(b) access to e-mail,
(c) a standard web browser
d) the inclusion of cookies and Javascript in your browser,
(e) software for reading and writing PDF files.
The use of the Electronic Services, may involve risks on the part of any user of the Internet, consisting of the possibility of introducing harmful software into the User's ICT system and obtaining and modifying his/her data by unauthorised persons. The User is recommended to use appropriate technical measures to minimise their occurrence.
(3) The Seller informs that the Shop uses the mechanism of cookies. The rules of their use are regulated by the Cookie Policy available on the Shop's website.
4. the provision and transmission of content prohibited by law, including content that promotes violence, is defamatory or infringes the personal rights and other rights of third parties, is prohibited.
(5) Persons using the Services and concluding a Sales Agreement on behalf of another person should be duly authorised in this respect. By accepting the Terms and Conditions, the person referred to in the preceding sentence declares that he/she has the authority to use the Services and/or to conclude the Contract of Sale from the person on whose behalf the contract is concluded.
(6) The Seller makes it possible through the Online Shop to use free services, which are provided by the Seller 24 hours a day, 7 days a week.
(7) The User is obliged to use the Store in a manner consistent with the law, the provisions of the Terms and Conditions and the generally accepted rules on the Internet.
3. ELECTRONIC SERVICES
(1) The Seller allows Users to use the following free electronic Services: Account, Order Form, Newsletter.
(2) In order to start using the Account service, prior registration with the Online Shop is necessary, which takes place in accordance with the process described in these terms and conditions.
(3) The Seller shall make available an Order Form enabling the purchase of the Products presented in the Shop. The service of making the Order Form available is provided for a limited period of time and is terminated as soon as the Order Form is sent to the Seller.
4 Each user has the option to subscribe to the Newsletter in accordance with the process described in these terms and conditions.
(5) In the event of a breach of the provisions of these Terms and Conditions, the Seller, after an ineffective call to cease the breach with setting an appropriate time limit, may terminate the agreement for the provision of electronic Services with immediate effect.
(6) All complaints concerning electronically supplied services and related to the functioning of the online shop shall be dealt with by the online shop. www.korneliarataj.com The customer can submit an e-mail to: [email protected]
(7) A complaint submitted in this way will be considered by the Seller within 14 days of its receipt by the Seller.
4 REGISTRATION
1 Users have the possibility of creating an Account in the Shop, where they can, in particular, update their data, change their password and view their orders.
2 Registration is possible outside the purchasing process.
(3) To register, you must fill in the registration form, in which you provide the data marked as mandatory and tick the checkbox on reading the Terms and Conditions.
An Account is created for the User as a result of the Registration. The user receives an e-mail confirming the creation of the Account.
(5) The Seller shall provide the User with a free service in the form of maintenance of the User Account. The conclusion of the agreement on the provision of this service occurs at the moment of receipt by the User of the message referred to in paragraph 4 above. The agreement on maintenance of the Account is concluded for an indefinite period of time. The User may terminate this agreement at any time and without stating reasons, by submitting an appropriate statement or requesting the deletion of the Account, which results in the termination of the agreement for the provision of services for the maintenance of the Account in the Online Shop. In order to terminate the agreement for the maintenance of the Account, one should send an e-mail to: [email protected]. In a situation when the Seller is in the process of fulfilling an order placed by the Customer and accepted by the Shop, the effect of termination of the agreement will take place as soon as the said order is fulfilled. The data of a User who has terminated the contract for maintaining an Account will be deleted, unless there is another basis for further processing of the User's data, of which the User will be informed.
(6) It is prohibited for the User to include unlawful content among the information available in the Account.
7 Users may not use the accounts of other users or share their account with other users.
The Shop allows logging into the Account also through the account of the User created on Facebook or Google. If the Customer chooses the aforementioned method of logging into the Account, Facebook or Google, on the basis of their mechanisms for verifying the User, provide the Seller - solely for the purpose of verifying the identity of the User - with the User's data from his or her Facebook or Google account within the scope of: name, surname, email address or profile photo. By choosing this form of logging into the Account, the User acknowledges that his or her personal data in the aforementioned scope will be made available to the Seller, as a separate administrator of personal data, by Facebook or Google, with the Seller using this data solely for the purpose of enabling logging into the Account.
5. PRODUCT SALES AND PRODUCT REVIEWS
1. All Products available in the Online Shop are new, in accordance with the contract and free from defects, unless the Seller has expressly marked a particular Product as substandard or as having specific characteristics that affect its value or manner of use.
2. Each Product available in the Online Shop has a description containing information on its basic characteristics, in particular the type of Product, its features, specifications and price.
3. Products available in the Online Shop should be used in accordance with the information contained in the Product description, the instructions for use, the labelling on the Product or the documents accompanying the Product.
4. The prices of the Products displayed in the Online Shop are gross prices and include VAT and other taxes and charges required by law. The price of a Product does not include delivery costs, unless
The seller explicitly stated otherwise in the product description or when the order was placed.
5. The information regarding the Products presented in the Online Shop does not constitute an offer within the meaning of Article 66 of the Civil Code, but constitutes an invitation to conclude a contract of sale in accordance with Article 71 of the Civil Code.
6. The photographs of the Products displayed in the Online Shop are for illustrative purposes only and are intended to present the Products. The Seller exercises due care to ensure that the photographs and descriptions correspond to the actual characteristics of the Products. Any differences in the appearance of the Product may result solely from the Customer’s device settings, display parameters or image display technology, and do not affect the Product’s conformity with the contract.
7. In order to conclude a contract of sale via the Online Shop, the Customer selects the Products available on the website www.korneliarataj.com, carrying out the subsequent technical steps in accordance with the messages and information displayed in the Shop.
8. Products are selected by adding them to the basket.
9. Until the Order is confirmed, the Customer may amend the details entered and select Products. In order to place an Order, the Customer must complete the form correctly
place an order and accept the relevant provisions of the Terms and Conditions.
10. The Customer is obliged to provide accurate and up-to-date details on the order form. If the details provided give rise to reasonable doubts as to their accuracy, the Seller may
contact the Customer to clarify the matter. If it is not possible to confirm that the details are correct, the Seller may suspend fulfilment of the Order until the matter has been clarified.
11. The Customer declares that the details provided by them when placing the Order are true and up to date. The Seller is under no obligation to verify the accuracy of these details on each occasion, but may carry out verification checks where justified.
12. It is not necessary to register an account with the Online Shop in order to place an Order.
13. Once the Customer has provided all the required details, a summary of the Order will be displayed before it is placed, containing, in particular:
(a) a description of the Products being ordered,
(b) the unit price and total price of the Products, including delivery costs and any other additional costs, if applicable,
(c) the chosen payment method,
(d) the chosen delivery method.
14. In order to place an Order successfully, the Customer must accept the Terms and Conditions, provide the required details and click the button clearly indicating the obligation to pay, e.g. „Place order and pay”.
15. The submission of an Order by the Customer constitutes an offer to enter into a contract for the sale of the Products specified in the Order. Upon receipt of the Order, the Seller sends the Customer an automatic confirmation
receipt of the Order.
16. The Seller shall send the Customer confirmation that the Order has been accepted for processing to the email address provided by the Customer. The contract of sale is concluded upon the Customer’s receipt of the confirmation that the Order has been accepted for processing.
17. The Seller shall exercise due care to ensure that the Products displayed in the Online Shop are available. In exceptional circumstances, particularly where multiple Customers place Orders for the same Product at the same time, the Product may become unavailable. In such cases, the Seller shall inform the Customer that the Order cannot be fulfilled and shall take the measures provided for by the relevant legislation.
18. The Seller does not allow reviews of Products to be posted directly on the Online Shop. Reviews published on external websites, in particular on Google, are not verified by the Seller to check whether they were posted by people who have purchased or
had used the Product in question.
19. The Seller shall not post or commission the posting of false consumer reviews, nor shall it commission other persons to create such reviews for the purpose of promoting the Products.
20. The Seller hereby states that it does not, for a fee, influence the order in which Products are displayed without clearly indicating such a practice. The order in which Products are displayed may be determined by the sorting functions available in the Shop, such as Product availability or the order in which they were added
Product details for the Shop or other technical specifications available to the Customer.
21. The contract of sale is concluded in Polish and is subject to the provisions of the Terms and Conditions and the applicable legislation.
6. PAYMENTS
1. Payment for the Product in the Online Shop is made by means of:
(a) prepayment via the imoje electronic payment system, operated by ING Bank Śląski S.A., with its registered office in Katowice, and via PayPal,
(b) by payment card,
(c) by cash on delivery,
d) by traditional transfer, payment details:
NAME: KORNELIA RATAJ-ZIELIŃSKA
ACCOUNT NUMBER: 34109019260000000148848738
ACCOUNT NUMBER IBAN: PL34109019260000000148848738
BIC / SWIFT: WBKPPLPP
BANK: Erste Bank Polska S.A.
Please include the name of the ordering person and the order number in the title of the traditional transfer.
If a traditional bank transfer is selected as a method of payment, the transfer of the amount due relating to the Order in question should be made within 7 days of the date of submission of the Order. If payment is not made within the aforementioned time limit, the Order shall be cancelled and shall not be performed. The day of payment shall be the day on which the funds are credited to the Seller's bank account.
3. In the event of the cancellation of part or all of an order, a refund will be issued to the customer without delay, but no later than 14 days from the date of cancellation – either the full amount or the relevant portion of the price, as applicable.
(4) Payment shall be refunded using the method of payment used by the customer - unless the customer has expressly agreed to a different method of refund (including refund to a different bank account).
(5) A sales receipt or accounting document is issued for each order and delivered to the User.
(6) The User, declaring that he/she has read the Terms and Conditions, grants the Seller acceptance - within the meaning of Article 106n(1) of the Act of 11 March 2004 on Value Added Tax (VAT) - for the Seller's use of electronic invoices in relation to the Customer, including sending (making available) to the Customer electronic invoices issued by the Seller in PDF file format via electronic mail to the Customer's e-mail address provided by the Customer in the purchase process or during the Registration process.
(7) The User, declaring that he/she has familiarised himself/herself with the Terms and Conditions, grants his/her consent to receive an eparagon, i.e. a fiscal document in electronic form, the scope of which is governed by the Value Added Tax Act of 11 March 2004, the Ordinance of the Minister of Finance on cash registers and the Ordinance of the MPiT on the criteria and technical conditions to be met by cash registers, referred to as the "Eparagon".
7. THE PRICE OF THE PRODUCTS
(1) All prices quoted in the Shop are in Polish zloty and include taxes, including value added tax (gross price).
(2) Information on the price of the Product, the features and essential characteristics of the Product are available in the Shop and are displayed next to the Product presented.
(3) The Seller displays the price of a product or service in an unambiguous and clear manner. Whenever a price reduction is communicated for a product or service, in addition to the information about the reduced price (e.g. reduced as a result of temporary promotions) in the online shop, the Seller displays the lowest last price of the Product available on the website of the online shop in the last 30 days before the price reduction was applied. Historical price information is available upon request by contacting the customer by email: [email protected].
(4) The binding and final price shall be the price shown in the Basket in the summary of the Order at the time the Customer places the Order via the Shop.
(5) The Seller reserves the right to change prices of Products presented in the Store, withdraw and introduce new Products. The above entitlement shall not affect Order(s) which were placed before the effective date of any of the changes referred to above.
(6) The Seller reserves the right to change prices of the Products on an ongoing basis and to conduct and cancel promotions, discounts and sales. The right referred to in the preceding sentence shall not affect Orders placed before the change of price, terms of promotions, discounts or sales. The duration of promotional actions is limited. Discounts and promotions do not add up. Promotions, discounts and sales are valid during the period and under the conditions indicated each time in the description of a given Product in the Store. A promotion, discount or sale lasts until 23:59 on the last day of its validity. Promotional, discount or sale prices are included and apply only to Products ordered through the Store.
7 The customer can browse the Products by category.
(8) Completion of the Order is possible subject to availability of the Product in the Shop. The Seller performs actions aimed at ensuring availability of Products presented in the Online Store. In exceptional cases, in particular when multiple Customers place an Order for the same Goods at the same time, it may happen that a given Good is not actually available. In such a case, the Customer, due to the impossibility of fulfilment, will receive information about the impossibility of fulfilling the Order (on the basis of relevant provisions of the Civil Code, including the application of Articles 493-495 of the Civil Code).
8 DELIVERY
1 The Goods are delivered to the address indicated by the Customer when placing the Order.
The Order Execution Time is between 1 and 7 working days, and during promotional periods and in the case of personalised orders, this time may be extended, of which the customer will be informed by e-mail, irrespective of the quantity purchased. Order processing starts after:
- payment by electronic transfer, payment card - after confirmation received by the Seller from the payment operator,
- payment by traditional bank transfer - once payment has been recorded
(3) The seller shall make every effort to ensure that the order is processed and dispatched as quickly as possible.
After the aforementioned lead time, the goods are released to the carrier. The time limit for us to dispatch the order is a maximum of 2 working days counted from the moment the Order is completed and sent by the Seller (from the moment it is marked as dispatched in the system).
5 Delivery of the ordered Goods shall be made by courier service, parcel service.
(6) The delivery costs are precisely defined when placing the order and are visible under the list of selected products. The customer's total payment is the sum of the price of all products ordered and the delivery cost.
(7) The Seller shall deliver orders within the Republic of Poland, the European Union and outside the European Union. Orders with delivery outside the European Union may be subject to import duties and local taxes, which are levied when the parcel reaches the destination country. Any additional customs clearance fees may be charged to the Customer. The seller indicates that it has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so the Customer should contact their local customs office for further information.
(8) The duration of delivery after collection by the carrier depends on the type of delivery method chosen by the customer and is determined by the regulations of the individual carriers.
(9) The material provisions of the Contract of Sale of the Goods shall be recorded, secured, made available and confirmed to the Customer by sending a confirmation to the Customer at the e-mail address provided and by enclosing with the consignment containing the Goods a printout of the confirmation or specification of the Order or a receipt or a VAT invoice.
10. delivery costs:
- courier (prepayment) - PLN 15,
- parcel post (prepayment) - PLN 15,
- courier (cash on delivery) - PLN 19,
- parcel post (cash on delivery) - PLN 19.
9. COTTON PROTECTIVE BAG WITH THE KORNELIA RATAJ LOGO
The Seller may include a free cotton protective bag bearing the brand’s logo as an additional item with selected Orders.
2. Information regarding the inclusion of a protective bag can be found with the Product or in the terms and conditions of the current promotion.
3. In the event of withdrawal from the contract relating to the entire Order, if a protective bag was provided to the Customer as part of the purchase and is subject to a return obligation in accordance with the terms of the promotion, the Customer must return it together with the Products being returned.
4. If the protective bag has been used, damaged or is not returned despite the obligation to do so, the Seller may claim compensation equivalent to the actual value of the loss incurred in accordance with general principles.
5. The seller may not make the effective withdrawal from the contract or the refund of the price of the product conditional solely on the return of the protective bag.
6. The rules regarding the protective bag do not limit the Consumer’s statutory rights under the Consumer Rights Act.
10. COMPLAINTS CONCERNING THE SELLER'S LIABILITY FOR NON-CONFORMITY OF THE GOODS WITH THE CONTRACT
1. The Seller is liable to the Consumer for any lack of conformity of the Product with the contract in accordance with the provisions of the Act of 30 May 2014 on consumer rights.
2. The provisions of this chapter shall also apply to a natural person carrying on a business who enters into a contract directly related to their business, provided that it is apparent from the terms of that contract that it is not of a professional nature for that person.
3. The goods are in conformity with the contract if, in particular, the following remain in conformity with the contract:
(a) description, type, quantity, quality, completeness and functionality;
(b) fitness for a particular purpose, which the Consumer informed the Seller of at the latest at the time the contract was concluded and which the Seller accepted;
(c) compliance with the Seller’s public representations, in particular those contained in advertisements, Product descriptions or labelling.
4. The goods should also:
(a) be fit for the purposes for which Products of this kind are normally used;
(b) possess the characteristics, durability, safety and quality that the consumer may reasonably expect;
(c) be supplied with the accessories and instructions which the Consumer may reasonably expect.
5. The seller is liable for any lack of conformity of the product with the contract that existed at the time of delivery and which is discovered within two years of that time.
6. It is presumed that any lack of conformity of the Product with the contract which became apparent during this period existed at the time of delivery of the Product, unless the Seller proves otherwise or this presumption is incompatible with the specific nature of the Product or the nature of the lack of conformity.
7. Where the Product does not comply with the contract, the Consumer may demand:
(a) repairs to the Product;
(b) replacement of the Product.
8. The seller shall carry out repairs or a replacement within a reasonable time after being informed by the consumer that the product does not comply with the contract.
9. Repairs or replacements shall be carried out without causing undue inconvenience to the Consumer, taking into account the nature of the Product and the purpose for which it was purchased.
10. The costs of bringing the Product into conformity with the contract, in particular the costs of postage, transport, labour and materials, shall be borne by the Seller.
11. The consumer shall make the Product available to the Seller for repair or replacement. The Seller shall collect the Product at its own expense.
12. If the Product does not comply with the contract, the Consumer may request a price reduction or withdraw from the contract if one of the conditions set out in the Consumer Rights Act applies.
13. A consumer may exercise these rights, in particular, where:
(a) The seller refused to bring the product into conformity with the contract;
(b) The seller has failed to bring the product into conformity with the contract;
(c) the Product’s lack of conformity with the contract persists despite an attempt to remedy it;
(d) the lack of conformity of the Product is of such significance as to justify withdrawal from the contract;
(e) it is apparent from the circumstances that the Seller will not bring the Product into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.
14. The consumer may not withdraw from the contract if the lack of conformity of the Product with the contract is minor. It is presumed that the lack of conformity is significant.
15. In the event of a price reduction, the Seller shall refund the Consumer the amount corresponding to the price reduction without delay, and no later than 14 days from the date of receipt of the Consumer’s notification.
16. A consumer may lodge a complaint:
(a) by email to the following address:
[email protected];
(b) in writing to the Seller’s address:
KORNELIA RATAJ, 49 Czernica, 58-521 Jeżów Sudecki.
17. The consumer may use the complaint form provided by the Seller, but its use is not compulsory.
18. A complaint should, where possible, include:
(a) the Consumer’s contact details;
b) details of the Product to which the complaint relates;
(c) a description of the non-compliance identified;
(d) an indication of the expected outcome of the case.
19. Failure to provide all the information specified shall not result in
automatic rejection of a complaint.
20. The consumer is not obliged to produce a receipt or invoice as the sole proof of purchase. Proof of purchase may also be provided by other means.
21. The Seller shall respond to the Consumer’s complaint within 14 days of receiving it.
22. Failure to respond within this period shall mean that the Seller has accepted the complaint as valid to the extent provided for by law.
23. The response to the complaint will be provided to the Consumer on paper or another durable medium, in particular by email.
24. The consumer should use the Products in accordance with their intended purpose and the instructions for use and maintenance.
25. The natural characteristics of materials, in particular slight variations in colour resulting from the manufacturing process or the way the image is displayed on an electronic device, do not constitute a lack of conformity of the Product with the contract, provided they fall within the bounds of reasonable expectations.
26. The Seller shall provide information on any specific care instructions for the Product, where this is necessary to maintain its properties.
27. The provisions concerning statutory liability for non-conformity of goods with the contract apply to Consumers and traders who benefit from the protection afforded to consumers.
28. In relation to other traders, the Seller’s liability is governed by the provisions of the Civil Code and the terms of the contract entered into.
29. The basis and scope of the Seller’s liability towards the Consumer, where the product sold does not comply with the contract, are set out in the Consumer Rights Act.
30. The seller shall refund the price using the same method of payment as that used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not entail any costs for them.
31. The consumer may withhold payment of the price until the Seller has fulfilled its obligations under Articles 43d and 43e of the Consumer Rights Act.
32. The seller shall not be liable for any lack of conformity of the product with the contract of sale if the consumer was expressly informed, at the latest at the time the contract of sale was concluded, that the product being purchased was of inferior quality (e.g. a product that was damaged, soiled, etc.) or has accepted the absence of a specific feature of the product.
33. In the event of a defect in the Product, the Seller may be liable to Business Customers under the provisions on the warranty set out in Article 556 et seq. of the Civil Code.
34. The Seller shall not be liable to the Business for any damages or loss of profits, provided that such damage was not caused intentionally by the Seller.
11. CONSUMER WITHDRAWAL
1. A consumer and a natural person carrying on a business who enters into a contract directly related to their business activities, provided that the terms of the contract indicate that it is not of a professional nature for that person, have the right to withdraw from a distance contract concluded in
within 14 calendar days without giving a reason.
2. The period for withdrawing from the contract begins:
(a) in the case of a contract under which the Seller delivers the Product and is obliged to transfer ownership of it – from the date on which the Consumer or a third party designated by the Consumer (other than the carrier) took possession of the Product;
(b) in the case of a contract covering multiple Products delivered separately, in batches or in parts – from the date on which the last Product, batch or part is taken into possession;
(c) for other contracts – from the date on which the contract is concluded.
3. To meet the deadline, it is sufficient to send the notice of withdrawal before the 14-day period expires.
4. The consumer may withdraw from the contract by:
(a) submitting the electronic withdrawal form available in the customer portal,
(b) sending an unambiguous statement by email to the following address:
[email protected];
(c) sending a written statement to the Seller’s address.
5. The use of the online form or the customer portal is not a condition for the validity of the withdrawal from the contract, provided that the Consumer informs the Seller of their decision in some other unambiguous manner.
6. Where a notice of withdrawal is submitted via an electronic form, the Seller shall immediately send the Consumer confirmation of receipt of the notice on a durable medium, in particular by email.
7. The Seller has made available in the Shop a function enabling customers to initiate the contract withdrawal procedure via their Customer Account.
8. The returns policy allows the Consumer to:
(a) details of the contract to which the withdrawal relates;
(b) identification of the Products to be returned;
(c) providing the information necessary to identify the Customer and the Order;
(d) sending a notice of withdrawal from the contract.
9. Once the returns form has been successfully submitted, the Consumer will receive confirmation that their request has been received.
10. The Seller shall not make the validity of the withdrawal conditional upon the use of the customer portal alone, provided that the Consumer has validly submitted a notice of withdrawal in another form permitted by law.
11. The consumer is obliged to return the Product to the Seller without delay, no later than 14 days from the date of withdrawal from the contract.
12. To meet the deadline, it is sufficient to return the Product before it expires.
13. The consumer shall bear the direct costs of returning the Product, unless the Seller has expressly agreed to bear them or the law provides otherwise.
14. The Product should be returned to the following address:
KORNELIA RATAJ
Czernica 49
58-521 Jeżów Sudecki
15. The consumer is liable for any reduction in the value of the Product resulting from its use in a manner that goes beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
16. In particular, the Consumer should avoid actions that result in:
(a) the removal of any hygiene barriers, if these have been put in place;
(b) soiling of the Product;
(c) signs of use that prevent the item from being sold as a new product.
17. In the event of a valid withdrawal from the contract, the Seller shall refund to the Consumer all payments received, including the cost of the cheapest standard method of delivery for the Product offered in the Shop.
18. A refund shall be made without delay, and no later than 14 days from the date of receipt of the Consumer’s notice of withdrawal.
19. The Seller may withhold the refund until the Product has been returned or the Consumer has provided proof of its return – whichever occurs first.
20. Refunds shall be made using the same payment method as that used by the Consumer, unless the Consumer has expressly agreed to an alternative arrangement.
21. If the Consumer has chosen a delivery method for the Product that is more expensive than the cheapest standard delivery method offered by the Seller, the Seller shall only refund the cost corresponding to the cheapest available delivery method.
22. The right to withdraw from the contract does not apply in the cases specified in Article 38 of the Consumer Rights Act. In particular, the right to withdraw may be excluded in the following cases:
(a) Non-prefabricated products made to the Consumer’s specifications or designed to meet their individual needs;
(b) other cases specified in the applicable legislation.
23. If the Seller provides an electronic returns system, the Consumer may follow the procedure set out below:
1) logging in to your Customer Account;
2) selecting the order to be returned;
3) a list of the Products being returned;
4) submitting a notice of withdrawal;
5) preparing and dispatching the return parcel in accordance with the instructions provided in the system.
24. The instructions regarding the technical procedure for making a return are of an organisational nature and do not limit the Consumer’s statutory rights.
25. Failure to comply with the technical procedure for returns does not result in the loss of the right of withdrawal if the Consumer has validly submitted a notice of withdrawal from the contract.
26. In the event of a return of goods from an order that included a promotional free gift, the Customer is obliged to return the free gift in question as well. Should the Customer refuse to return the free gift, the Shop will refund the Customer the price of the returned items, less the value of the free gift – in accordance with the price of the free gift.
12. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES
(1) The Consumer shall have the possibility to make use of out-of-court complaint and redress procedures. Among other things, the Consumer has the possibility to:
(a) apply to a permanent arbitration court for the settlement of a dispute arising from a contract concluded,
b) apply to the regional inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller,
c) seek the assistance of the county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
(2) More detailed information on out-of-court complaint and redress procedures can be found by the Consumer at https://polubowne.uokik.gov.pl.
13. PERSONAL DATA
(1) The Customer's personal data registered in the Store is processed by the Seller as the data controller is processed in accordance with applicable Polish and EU law, in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) for purposes related to transactions performed within the Shop and for purposes resulting from the legally justified interests pursued by the Seller, as well as on the basis of the Customer's consent - for purposes in accordance with the content of the consent granted, including for commercial and marketing purposes.
2. The controller of personal data (within the meaning of Article 4(7) of the GDPR) of Customers, including Users making use of the Shop’s functionality, is the Seller, namely KORNELIA RATAJ KORNELIA RATAJ-ZIELIŃSKA, business address: Czernica 49, 58-521 Jeżów Sudecki, Tax Identification Number (NIP): 6112765952.
3. 3. The Controller hereby informs Users that it has entrusted the processing of personal data to the following entity:
● Klaviyo, Inc., 125 Summer Street, 7th Floor, Boston, MA 02110, USA – for the purpose of using a newsletter distribution system, conducting marketing communications via email and SMS (where appropriate consent has been given), segmenting audiences, personalising marketing content, analysing the effectiveness of campaigns and automating marketing activities.
4. The Controller hereby informs you that it uses the following technologies to track Users’ activity on the Shop’s website:
● Klaviyo tracking codes – to analyse how the Shop’s website is used, monitor the effectiveness of marketing activities, personalise content, and conduct marketing communications via email and SMS (where the relevant consent has been given).
5. Personal data is used solely for the purpose of fulfilling orders and, subject to the Customer’s consent, to provide information about new products, services and promotions offered by the shop www.korneliarataj.com and will not be shared with other entities.
6 The data provided will be processed on the basis of Article 6(1)(RODO) for the purposes indicated in point. 1 above.
(7) Providing personal data by the Customer in the Store is voluntary, but necessary for transactions within the Store. Failure to provide personal data makes it impossible to create an account in the Shop and to carry out transactions within the Shop. This does not apply to the processing of data for commercial and marketing purposes, which is carried out only in the case of voluntary consent, independently of transactions within the Shop. In our online shop, we allow you to log in with your account on selected social media sites (e.g. Facebook, Google). The use of this function is voluntary. In the case of logging in via social media, we only receive from the selected social media site the data you have agreed to share within your profile (e.g. name, surname, email address etc.). The extent of the data shared is determined by the privacy policy of the respective service and your privacy settings on that service .This data is used exclusively for the purpose of creating and operating your account with us and processing orders. We do not publish any information on your social profile without your express consent. The legal basis for the processing of the data is Article 6(1)(b) of the DPA (necessity for the performance of the contract) and Article 6(1)(a) of the DPA (user consent) - insofar as this concerns data provided by the social network.
(8) The Customer shall have the right to request from the Vendor access to, rectification, erasure or restriction of processing of personal data concerning him.
9. the Customer shall have the right to withdraw consent to the processing of personal data at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.
(10) Personal data will be processed for the period necessary to carry out orders, services, marketing activities and other services performed for the Customer. Personal data will be deleted in the following cases:
- when the data subject requests their deletion or withdraws the consent given;
- When the data subject has not taken action for more than 10 years (dormant contact);
- upon becoming aware that stored data is out of date or inaccurate.
11. some data in the following scope: e-mail address, name and surname, may be stored for a further period of 3 years for the purposes of evidence, processing of complaints, claims and claims related to the services provided by the Online Shop - this data will not be used for marketing purposes.
12 Data relating to orders of Goods and paid services, competitions and loyalty programmes will be stored for a period of 5 years from the date of delivery of the order.
13 We store the data of customers who are not logged in for a period of time corresponding to the life cycle of the cookies stored on the devices or until they are deleted from the customer's device by the customer.
14. your personal data about your preferences, behaviour and choice of marketing content may be used as the basis for automated decisions to determine the sales opportunities of the Online Shop.
(15) The customer has the right to lodge a complaint with the President of the Office for Personal Data Protection if he/she considers that the processing of personal data concerning him/her violates the provisions of law.
16 The Customer's personal data will be processed in the form of analytical, sales and marketing profiling, in order to tailor the materials directed by the Seller to the Customer's needs and interests and to make measurements that will allow the Seller to improve its services. Recipients of personal data may include:
- Kornelia Rataj-Zielińska conducting business activity under the name "KORNELIA RATAJ KORNELIA RATAJ-ZIELIŃSKA", Czernica 49, 58-521 Jeżów Sudecki, entered in the register of entrepreneurs CEiDG with NIP number: 6112765952, as personal data administrator, as well as:
- entities entitled to obtain personal data on the basis of mandatory provisions of European Union or Polish law, e.g. courts or public administration bodies, state authorities,
- banks and electronic payment providers for the purpose necessary for the performance of the sales contract and for the purpose necessary for the handling of payments in connection with the conclusion and performance of the sales contract,
- subcontractors, suppliers or subcontractors acting on behalf of the Seller for the purpose of preparing, manufacturing, packaging, packing and shipping the products subject to the sales contract,
- IT service providers and providers of IT software,
- accounting offices providing financial and bookkeeping services,
- Statutory auditors or audit firms auditing the financial statements,
- law firms providing legal advice,
- postal operators and courier service providers;
17 All entities to which we entrust the processing of personal data shall process personal data on the basis of a personal data processing entrustment agreement concluded with the Seller and only in accordance with the Seller's instructions.
18 The controller shall carefully select the entities with which it cooperates or whose services it uses for the processing of personal data, striving to ensure maximum protection of the data by applying appropriate measures for the protection and security of personal data required by law.
19. Personal data may be disclosed to data processors acting on behalf of the Controller, solely to the extent necessary to fulfil the purposes of processing, in particular to hosting and IT service providers, email service providers and tool providers
marketing organisations, courier and postal companies responsible for delivering orders, and entities providing accounting, legal or debt collection services – provided that the Controller uses such services. These entities process data on the basis of data processing agreements concluded in accordance with Article 28 of the GDPR. Where necessary for the performance of a contract or to comply with legal obligations, personal data may also be disclosed to separate data controllers, in particular payment service providers, banks or public authorities, where such an obligation arises from statutory provisions. Transfer of data outside the European Economic Area The controller uses the services of Klaviyo, Inc. for marketing and email communications. Consequently, personal data may be transferred to the United States.
20. Data transfers are carried out in accordance with Chapter V of the GDPR, in particular on the basis of the European Commission’s decision recognising an adequate level of protection under the EU-US Data Privacy Framework with regard to entities covered by that programme. In cases where this mechanism does not apply, data transfers are carried out using the Standard Contractual Clauses approved by the European Commission or another mechanism provided for in Articles 46–49 of the GDPR.
21. The Data Controller may send commercial communications by electronic means only after obtaining the Customer’s required consent.
22. Consent to receive marketing communications is voluntary and may be withdrawn at any time.
23. Withdrawal of consent does not affect the lawfulness of processing carried out prior to such withdrawal.
24. The Data Controller may use data relating to the Customer’s activity on the Shop to analyse their interests and purchasing preferences, and to tailor marketing communications.
25. The Controller may use data relating to the User’s activity on the Shop to analyse shopping preferences and tailor marketing communications. Profiling may include, amongst other things, an analysis of:
– purchase history,
– interest in products,
– activity on the website.
26. Profiling does not result in decisions that have legal effects on the Customer or similarly significant effects, unless otherwise provided for by law.
27. The customer has the right to object to profiling carried out for the purposes of direct marketing.
28. Profiling may include, in particular, an analysis of purchase history, website activity and responses to marketing communications.
29. Profiling is carried out for marketing and analytical purposes.
30. The Controller shall not take any decisions regarding the Customer that produce legal effects or similarly significant effects solely by automated means within the meaning of Article 22 of the GDPR.
31. If the Shop allows you to log in using third-party services such as Google or Facebook, use of this feature is optional.
32. If this login method is selected, the Administrator may receive the data provided by the user in accordance with their account settings on the relevant website.
33. This data is used solely for the purpose of enabling the use of the Customer Account and the provision of services by the Shop.
14. INTELLECTUAL PROPERTY RIGHTS
(1) All rights to the Store, including economic copyright, intellectual property rights to its name, its Internet domain, the Store's website, as well as templates, forms, logotypes of photographs placed on the Store's website (with the exception of some logotypes and photographs presented in the Store, the copyrights to which belong to third parties) belong to the Seller.
2. In particular, the following is prohibited without the Seller’s prior consent:
– copying,
– dissemination,
– modifying,
– the commercial use of elements of the Online Shop or the content published therein, except where required by law.
3. The products supplied by the Seller and available in the Shop constitute the Seller’s intellectual property; they are works within the meaning of the Act on Copyright and Related Rights and are subject to legal protection.
4. Any use by any person, without the Seller’s express written consent, of any of the elements comprising the content of the website www.korneliarataj.com constitutes an infringement of the Seller's copyright and will result in civil and criminal liability.
15. COOKIE POLICY
(1) The website may collect login-related information, i.e. IP address, browser type, language, access times and the address of the page from which the user was redirected (so-called cookies).
(2) Cookies are computer data stored in the form of text and number files which are placed on the end devices of Internet users. Such a terminal device may be a mobile phone, laptop, tablet. These files are used and placed when an internet user connects to a website.
The Store operator is the entity placing cookies on the Store User's terminal equipment and accessing them.
(4) Cookies are used for the following purposes: adapting the content of the Store's websites to the User's preferences and optimising the use of the websites; in particular, these files allow the Store to recognise the device of a User and to appropriately display the website, adapted to the User's individual needs, to open statistics which help to understand how the Store's Users use the websites, which makes it possible to improve their structure and content.
(5) The Shop uses two main types of cookies: "session" (session cookies) and "permanent" (persistent cookies). "Session" cookies are temporary files which are stored on the User's terminal equipment until they leave the website or the software (web browser) is switched off. "Persistent" cookies are stored on the User's terminal equipment for the time specified in the parameters of the cookies or until they are deleted by the User.
The following types of cookies are used within the Shop: o "essential" cookies, enabling the use of the services available within the Shop, e.g. authentication cookies used for services requiring authentication within the Shop; o "performance" cookies, enabling the collection of information on the use of the Shop's websites; o "functional" cookies, enabling "remembering" the User's selected settings and personalising the User's interface, e.g. with respect to the selected language or region of origin of the User, font size, website appearance, etc.; o "advertising" cookies, enabling the provision of advertising content more suited to the User's interests. functional" cookies, allowing "remembering" the User's selected settings and personalizing the User's interface, e.g. with respect to the selected language or region from which the User originates, font size, web page layout etc.; o "advertising" cookies, allowing to provide Users with advertising content more suited to their interests.
7. In many cases, software used for browsing websites (a web browser) allows cookies to be stored on the User’s device by default. Users of the Shop may change their cookie settings at any time. In particular, these settings can be adjusted to block the automatic acceptance of cookies in the web browser settings or to notify the Shop User each time a cookie is placed on their device. Detailed information on the options and methods for managing cookies is available in the software settings (web browser).
(8) The Shop Operator informs that restrictions on the use of cookies may affect some of the functionality available on the Shop's websites.
(9) Cookies placed on the Store User's terminal device may also be used by advertisers and partners cooperating with the Store Operator.
10 More information on cookies is available at www.wszystkoociasteczkach.pl or in the "Help" section of your browser menu.
11. The Data Controller may use Microsoft Clarity to analyse how the website is used, in particular by:
– an analysis of user interactions with the website,
– the creation of anonymous or pseudonymised statistical data,
– an analysis of the website’s functionality.
12. The platform may use cookies and other tracking technologies only to the extent permitted by applicable legislation and after obtaining the relevant consent, where required.
13. The Data Controller may use Microsoft’s advertising tools to run advertising campaigns and measure their effectiveness.
14. These activities may only be carried out with the User’s consent where such consent is required.
16. SERVER LOGS
1 The use of the website involves sending requests to the server on which the website is stored. Each request made to the server is recorded in the server logs.
The logs include, among other things, your IP address, the date and time of the server, information about your browser and the operating system you are using. The logs are saved and stored on the server.
3 The data stored in the server logs is not associated with specific users of the website and is not used by us to identify you.
4. server logs are only ancillary material for the administration of the site and their content is not disclosed to anyone other than those authorised to administer the server.
17. NEWSLETTER
1.The User, may agree to make his/her e-mail address also available for the purpose of using it by the Seller to send the User commercial information (hereinafter: "Newsletter") concerning the activities, including goods, of the Seller, such as e.g. information about new products, promotions and reminders about an abandoned shopping cart.
(2) The contract for the provision of the newsletter service is concluded when the User confirms his/her subscription to the newsletter, via the link in the e-mail received by the User after providing his/her name and e-mail in the appropriate place in the Store, or by ticking the checkbox for subscribing to the newsletter within the Account.
3.The message sent by e-mail as part of the newsletter service contains:
a) data of the Seller as sender of the newsletter,
(b) an indication of the subject that defines the content of the newsletter,
(c) commercial information,
d) information on how to unsubscribe from the newsletter.
4.The newsletter service will be provided for an indefinite period of time. The User may unsubscribe from the newsletter at any time by clicking on the specially marked link below the newsletter message or by unchecking the checkbox regarding consent to receive commercial information within the Account.
18. INFORMATION ON THE PLACEMENT OF SEARCH RESULTS
1. The Seller advises that the order in which products are displayed in the Shop may depend on the parameters used by the search system.
2. The key factors influencing the order of the results include, in particular:
– matching the search term to the product name, description or product labels;
– the product’s compliance with the selected category;
– filter settings selected by the user;
– product availability.
3. Search results are not determined solely on the basis of payment for a higher ranking, unless such results are clearly marked as sponsored content.
19. FINAL PROVISIONS
The Seller has the right to make changes to the Terms and Conditions for important reasons, which are in particular considered to be changes to legal regulations. Orders accepted for fulfilment prior to the effective date of changes to the Terms and Conditions are fulfilled as before.
(2) The Seller reserves the right to introduce and cancel offers, promotions and to change prices of products in the Store without prejudice to the Buyer's acquired rights, including in particular the terms and conditions of contracts concluded prior to the change.
(3) The Seller reserves the right to amend the Terms and Conditions at any time. If the provisions of the Terms and Conditions are changed, the provisions of the Terms and Conditions in the wording valid as of the date of concluding the Contract shall apply to Contracts concluded before the introduction of the change.
(4) The Seller reserves the right, to the extent permitted by applicable law, to amend the Terms and Conditions. The Seller is entitled to unilaterally amend the Terms and Conditions to the extent not individually agreed with the User for justified reasons. A justified reason is considered to be in particular:
- a change in universally applicable law in the Republic of Poland to the extent that such a change in the law modifies the content of the Terms and Conditions or imposes an obligation on the Seller to modify the Terms and Conditions in a specific manner;
- The Rules of Procedure need to be supplemented, clarified or modified due to universally applicable legal regulations in the Republic of Poland or due to the necessity of making the Rules of Procedure more transparent - to the extent that such supplementation, clarification or modification is allowed by legal regulations or due to the necessity of making the Rules of Procedure more transparent;
- issuance by public administration authorities of decisions or acts of a similar nature, as well as guidelines to the extent to which these documents modify the content of the Terms and Conditions or impose an obligation on the Seller to modify the Terms and Conditions in a certain manner;
- introduction by the Seller of new functionalities of the Website or modification of their current scope - to the extent to which the new functionalities modify the content of the Terms of Use;
- introduction by the Seller of new or modification of existing IT systems - to the extent that they affect the content of the Terms and Conditions and the modification of the Terms and Conditions is objectively necessary and directly related to the introduction of new or modification of existing IT systems;
- the emergence of judicial or administrative case-law from which it emerges that the content of the Terms and Conditions is unlawful - to the extent that, from the point of view of the Consumer or Entrepreneur on the rights of the Consumer, the proposed change to the Terms and Conditions is in his/her favour.
(5) The Seller shall inform the User of the proposed change to the Terms and Conditions by publication on the Website:
- content of the proposed amendment to the Rules of Procedure;
- the date on which the amendments to the Rules of Procedure take effect;
- the uniform content of the Rules of Procedure as amended.
(6) The shop reserves the right to change the e-mail addresses given in the Terms and Conditions. The changes referred to in the previous sentence do not constitute an amendment to the Terms and Conditions.
(7) If the Buyer does not accept the content of the new Terms and Conditions, the Buyer has the right to terminate the account agreement at any time by deleting the account or by submitting an appropriate statement, in any form, to the Seller to terminate the account agreement.
8 Settlement of potential disputes arising between Kornelia Rataj-Zielińska conducting business activity under the name "KORNELIA RATAJ KORNELIA RATAJ-ZIELIŃSKA", Czernica 49, 58-521 Jeżów Sudecki, entered in the register of entrepreneurs CEiDG with NIP number: 6112765952, and the Customer, who is a consumer within the meaning of Article 22[1] of the Civil Code, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Civil Procedure Code.
(9) The settlement of any disputes arising between [the online shop operator] and a Customer who is not a consumer within the meaning of Article 22[1] of the Civil Code shall be submitted to the court having jurisdiction over the registered office of the online shop operator.
(10) In matters not regulated, the provisions of the applicable law, including the Civil Code and the Consumer Rights Act shall apply. If the applicable law grants to Customers who are consumers more favourable mandatory and legally required regulations than those contained in these Terms and Conditions, the relevant provisions of the Terms and Conditions shall be directly substituted by specific norms of the applicable law and shall thus be binding upon the Seller.
20. DIGITAL ACCESSIBILITY
1. The Seller endeavours to ensure that the Online Shop is as accessible as possible to
all users, including those with special needs.
2. To the extent required by applicable law, the Seller shall take steps to ensure the accessibility of services provided electronically.
3. Should any issues arise regarding the accessibility of the Shop, the user may contact the Seller at the following address:
[email protected]
4. Reports regarding accessibility will be analysed and dealt with as quickly as possible.
21. COPYRIGHT NOTICE REGARDING THE TERMS AND CONDITIONS OF SALE
The owner of all material copyrights in the template of these Terms and Conditions of Sale is the Contractor of the work, who has granted this shop the non-exclusive and non-transferable right to use these Terms and Conditions of Sale for the purpose of its own online business. The copying and distribution of the template of these Terms and Conditions of Sale without the consent of the Contractor of the work is prohibited and may be subject to both criminal and civil liability.
22. GIFT VOUCHER TERMS AND CONDITIONS
The issuer of the Gift Vouchers is Kornelia Rataj-Zielińska who conducts business activity under the name "KORNELIA RATAJ KORNELIA RATAJ-ZIELIŃSKA", Czernica 49, 58-521 Jeżów Sudecki, registered in the Register of Entrepreneurs CEiDG with NIP number: 6112765952. For the purposes of interpreting the Terms and Conditions, the following provisions shall mean:
a) Gift Voucher - is an electronic or tangible voucher issued to bearer, entitling the User to redeem it in the online shop. www.korneliarataj.com by purchasing, in exchange for its equivalent, goods and services offered by the shop www.korneliarataj.com. The gift voucher shall contain the amount expressed in PLN (zł)
b) Purchaser - a person, company or institution that has purchased a Gift Voucher in the online shop. www.korneliarataj.com
c) User - each holder of a Gift Certificate
d) Goods - products offered for sale in the online shop www.korneliarataj.com
e) Material Card - fixed on a tangible medium, enabling the User to pay for the Goods in the Online Shop
f) Digital Card - a gift voucher fixed in digital form (numeric code), enabling the User to pay for Goods in the Online Shop;
g) Terms and Conditions - these are the terms and conditions for gift vouchers in the KORNELIA RATAJ online shop. www.korneliarataj.com
1 General conditions
1. The gift voucher can only be used in the online shop. www.korneliarataj.com.
(2) The gift voucher is not redeemable for cash (in whole or in part) and cannot be returned.
3 The publisher is not responsible for Gift Vouchers that are lost or damaged after they have been given to the Purchaser.
4 The Purchaser and the User shall have no claim against the Issuer for the loss (including theft) or destruction of the Gift Voucher.
2. Gift voucher
1 The gift voucher is issued in the denomination (PLN):
– in material form with a value of: PLN 100, PLN 200, PLN 300, PLN 400, PLN 500, PLN 600, PLN 700, PLN 800, PLN 900, PLN 1,000
- in electronic form E-VOUCHER: 100PLN, 200PLN, 300PLN, 400PLN, 500PLN, 600PLN, 700PLN, 800PLN, 900PLN, 1000PLN
(2) The Gift Voucher is valid for 12 months from the date of purchase. Activation of the Gift Voucher takes place as soon as the payment is credited to the issuer's account or within a maximum of 2 working days from the final processing of the order in the online shop. www.korneliarataj.com subject to appropriate payment.
3 Gift Vouchers are available in the following forms:
a) Gift voucher in tangible form - sent to the customer by standard dispatch through the postal service upon approval of payment from the Purchaser,
b) Gift voucher in electronic form - sent to the customer at the email address provided by the Purchaser upon approval of payment from the Purchaser.
3. Purchase of Gift Vouchers
1 The purchase of Gift Vouchers shall be made at the nominal price.
(2) The purchase of Gift Vouchers is not subject to any discounts or rebates, nor is it subject to general promotions or discounts obtained from occasional discount codes.
4 Redemption of Gift Vouchers
1. a gift voucher can be exchanged for any goods offered by the Shop www.korneliarataj.com
2 The gift voucher is a full-value form of payment.
To redeem a Gift Voucher in the online shop www.korneliarataj.com a one-time, unique code must be entered during the order process, which is given to the Purchaser as part of the Gift Voucher.
4 The Gift Voucher cannot be used to pay for another Gift Voucher.
(5) When redeeming a Gift Voucher, the User is not entitled to receive change in cash if the value of the goods received is less than the nominal value of the Gift Voucher. If the full amount of the Gift Voucher is not used when placing an order or returning products, write to [email protected] to receive an updated version of the code.
(6) The user shall be obliged to pay the price difference by cash, debit or credit card when the value of the goods or services received is higher than the current nominal value of the gift voucher.
7 The Purchaser or the User may only use the Gift Voucher once.
8 The publisher has the right to refuse to redeem a Gift Voucher in the following cases:
a) Expiry of the Gift Voucher (12 months after activation).
b) Lack of funds on the Gift Certificate.
c) It is technically impossible to redeem the Gift Certificate, e.g. it is not possible to connect to the issuer's computer system, the Gift Certificate is damaged to such an extent that the data recorded on the Gift Certificate cannot be read, or in other cases not attributable to the issuer.
(9) Regardless of the nominal value of the Gift Voucher, a maximum of one Gift Voucher may be purchased at the same time (i.e. in a single purchase).
5 Settlement of Gift Vouchers
1 The Purchaser shall receive a Gift Voucher from the Issuer at the time of issue:
a) Confirmation of the purchase of the Gift Voucher (Sales Confirmation, electronic receipt or VAT invoice) by e-mail to the e-mail address provided upon receipt of payment into the issuer's account.
b) An email notification of the Gift Voucher purchase confirming the purchase and the value of the Gift Voucher.
2 Any complaints related to the purchase of goods and services using a Gift Voucher will be considered by the Issuer within 14 days from the date of submission of the written complaint by the User to the e-mail address [email protected].
6 Return of Goods
(1) The Purchaser shall be entitled to withdraw from the contract for the purchase of the Gift Voucher within a period of 14 days from the date of receipt, provided that the Gift Voucher has not been used and the funds contained in the Gift Voucher have not been spent in whole or in part before the expiry of the aforementioned 14-day period. In the event that the funds have been used even in part, the right to withdraw from the contract for the purchase of the Gift Voucher in any other form shall not be granted.
2. in the event of the return of a Gift Voucher that has been issued:
a) in material form - the return is made by sending it back by post, together with the relevant declaration of withdrawal, available on the publisher's website, to the address:
KORNELIA RATAJ
Czernica 49
58-521 Jeżów Sudecki
+48730007475
[email protected]
b) in electronic form - by sending a written withdrawal form available on the publisher's website and sending it to the e-mail address [email protected]. The payment will be refunded, by transfer to the bank account provided.
3. for the return of goods purchased in an online shop www.korneliarataj.com when using a Gift Voucher, the Purchaser or User shall be refunded the equivalent of the returned product to the balance of the account from which the order was placed using the Gift Voucher.
(4) Since, in the case of the Digital Card, the subject matter of the contract is digital content as referred to in Article 2(5) of the Consumer Rights Act of 30 May 2014 (i.e. Journal of Laws of 2020, item 287 as amended), the commencement of the performance of the contract before the expiry of the statutory fourteen-day deadline for withdrawal from the contract must be preceded by the Purchaser's consent. In the event that the Purchaser gives its consent to the commencement of the performance of the Gift Certificate contract (i.e. the provision of the numerical code) before the expiry of the statutory fourteen-day deadline for withdrawal from the contract, the Purchaser will lose the right to withdraw from the contract referred to in Article 27 of the Consumer Rights Act of 30 May 2014 (i.e. Journal of Laws of 2020, item 287 as amended), which is in accordance with the regulation of Article 38(13) of the aforementioned Act.
7 Final provisions
1 With the receipt of the Gift Voucher, the Purchaser/User declares that he/she has read these Terms and Conditions, accepts their contents in full and undertakes to abide by their provisions.
(2) The gift voucher shall not constitute a sale subject to value added tax (VAT) within the meaning of the applicable tax legislation.
(3) A gift voucher is not an official means of payment within the meaning of the applicable legal provisions. A gift voucher is an electronic form of a voucher.
(4) Any matters not covered by these Rules will be governed by the provisions of the bearer ID card.
5. The content of these Rules is made available on the website at www.korneliarataj.com. The publisher is obliged to provide the Purchaser/User with the Terms and Conditions in writing upon request.
(6) The publisher reserves the right to amend the Terms and Conditions for important reasons. Any amendments will take effect from the date of their introduction by the publisher, after the amended Rules and Regulations have been made available for inspection on the website. www.korneliarataj.com
8 Copyright notice to gift voucher regulations
The owner of all material copyrights in the template of these Gift Certificate Terms and Conditions is the Contractor of the work, who has granted this shop the non-exclusive and non-transferable right to use these Gift Certificate Terms and Conditions for the purposes of its own online business. The copying and distribution of the template of these Gift Certificate Terms and Conditions without the permission of the Work Contractor is prohibited and may be subject to both criminal and civil liability.
