1. INTRODUCTORY PROVISIONS
1. This document sets out the terms and conditions of sale and provision of services in the online shop operating at www.korneliarataj.com by Kornelia Rataj-Zielińska conducting business under the name “KORNELIA RATAJ KORNELIA RATAJ-ZIELIŃSKA”, Czernica 49, 58-521 Jeżów Sudecki, entered in the Register of Entrepreneurs of the Central Register and Information on Economic Activity (CEiDG) with NIP [Taxpayer ID No.]: 6112765952, under the authority of the Minister of Development and Technology. Contact phone +48730007475, open Monday-Friday, 08:00 a.m. – 2:00 p.m., email address [email protected] on the terms and conditions specified in these Regulations.
2. When the Customer decides to contact the Seller by phone, he/she bears the costs of a regular phone call according to the rates of the operator chosen by him/her.
3. The Regulations are available on the websites of the Shop in a way that makes it possible to obtain, reproduce and record their content by printing or saving them on a medium at any time, and they are made available to the Customer after the conclusion of the agreement in a way that makes it possible to access them in the future.
4. Acceptance of these Regulations is voluntary, however it is necessary to use the Online Shop, and to create an account in the Online Shop or to place an Order.
5. For the purpose of interpreting the Regulations, the following terms shall mean:
a) Business Day – every day of the week from Monday to Friday excluding public holidays;
b) Order Form – an interactive form made available in the Online Shop which enables the Customer to place an Order;
c) Customer – a natural person with full legal capacity, a natural person conducting business, a legal person or an organisational unit which is not a legal person but to which specific provisions grant legal capacity, concluding a Sales Agreement;
d) Civil Code – the Act of 24 April 1964 – Civil Code (i.e. Journal of Laws of 2020, item 1740 as amended);
e) Account – a separate part of the Online Shop allocated individually to the Customer;
f) Consumer – a natural person who, through the Shop, uses the services provided electronically or concludes a sales agreement for purposes not directly connected with his/her economic or professional activity, i.e. a consumer within the meaning of Article 221 of the Civil Code. A natural person concluding an agreement directly related to his/her business activity is also considered a consumer, when the content of the agreement indicates that it is not of a professional nature for him/her, arising in particular from the subject of his/her business activity, as disclosed in CEIDG;
g) Product – goods presented in the Online Shop, which are movable property, intended for sale;
h) Entrepreneur – a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
i) Regulations – this document;
j) Registration – a single action, consisting in the creation of an Account by the Customer, performed with the use of a registration form made available by the Seller on the website of the Online Shop;
k) GDPR – 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.
l) Online shop – the online shop operated by the Seller, available at www.korneliarataj.com
m) Seller – Kornelia Rataj-Zielińska conducting business under the name “KORNELIA RATAJ KORNELIA RATAJ-ZIELIŃSKA”, Czernica 49, 58-521 Jeżów Sudecki, entered in the register of entrepreneurs of the CEiDG with NIP [Taxpayer ID No.]: 6112765952,
n) Sales Agreement – concluded as a result of an Order between the Customer and the Seller, a sales agreement within the meaning of the Civil Code;
o) Electronic services – services provided by the Seller electronically within the meaning of the provisions of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws No. 144, item 1204 as amended);
p) Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2019, item 369, as amended),
q) Act on providing services by electronic means – Act of 18 July 2002 on providing services by electronic means (Journal of Laws No. 144, item 1204, as amended);
r) User – each individual Internet user using electronic Services provided in the Online Shop;
s) Order – a declaration of the Customer made via an electronic Order Form, constituting an offer to conclude a Sales Agreement for a Product presented in the Online Shop,
t) Cart – a service made available to each Customer who uses the Online Shop, consisting of the option to place an Order for one or several Products, to enter discount codes allowing for the reduction of the Price on the principles laid down in separate agreements/regulations, to display a summary of the Price of individual Products and all the Products jointly (including possible shipping costs), to display the expected date of delivery of the Products,
u) Distance agreement – an agreement concluded with the Consumer within an organised system of concluding distance agreements within the Shop, without simultaneous physical presence of the Parties, with the exclusive use of one or more means of distance communication until the moment of concluding the agreement inclusively,
v) Proof of purchase – a receipt, bill or invoice issued in accordance with the Value Added Tax Act of 11 March 2004 as amended and other relevant provisions of law.
6. The Seller has the right to organise occasional competitions and promotions, the terms and conditions of which shall be each time indicated on the Shop’s website or defined in a separate regulation.
7. Promotional offers available at the Online Shop may not be combined, unless the rules of a given offer state otherwise.
8. Agreements on the Shop’s website are concluded in Polish.
2. RULES OF USING 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 access to the Internet,
b) access to electronic mail,
c) standard web browser,
d) Cookies and Javascript enabled in the browser,
e) software for reading and saving PDF files.
2. The use of the Electronic Services may be associated with risks on the part of any user of the Internet, consisting of the possibility of introducing harmful software into the User’s ICT system as well as obtaining and modifying his/her data by unauthorised persons. The User is advised 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. It is prohibited to provide or transmit content that is prohibited by law, including content that promotes violence, is defamatory or infringes the personal rights and other rights of third parties.
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 Regulations, the person referred to in the preceding sentence declares that he/she is authorised to use the Services and/or to conclude a Sales Agreement by the person on whose behalf the agreement is concluded.
6. The Seller makes it possible to use free services through the Online Shop, which are provided by the Seller 24 hours a day, 7 days a week.
7. The User is obliged to use the Shop in a manner consistent with the law, the provisions of the Regulations and the rules generally accepted 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 it is necessary to register in the Internet Shop, which is done by filling in and sending to the Seller the registration form available on the website of the Shop.
3. The agreement on maintaining the Account is concluded as soon as the User receives confirmation of Registration for an indefinite period of time. The User may terminate the agreement at any time by sending an appropriate statement to the Seller or by using the “delete Account” button.
4. The Seller provides an Order Form for purchasing 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.
5. Each User can subscribe to the Newsletter in order to receive commercial and promotional information from the Seller to the e-mail address provided by the User. The Newsletter service is provided for an indefinite period of time. Each User may revoke his/her consent to receive the Newsletter at any time by sending a request to the Seller to remove him/her from the list of subscribers or by unsubscribing on his/her own using the link included in the Newsletter.
6. In the case of violating the provisions of these Regulations, the Seller, after prior ineffective request to cease the violations with setting an appropriate time limit, may terminate the Electronic Services Agreement with immediate effect.
7. Any complaints concerning electronic services and related to the functioning of the online shop www.korneliarataj.com may be submitted by the customer to the following e-mail address: [email protected]
8. A complaint submitted in this manner will be considered by the Seller within 14 days of its receipt by the Seller.
4. PRODUCT SALES AND PRODUCT REVIEWS
1. All Products available in the Online Shop are brand new, free from physical and legal defects and have been legally introduced into the Polish market, unless the Seller has marked them as incomplete.
2. Each Product available in the Shop has a description. Each Product description indicates the basic characteristics of the Product, in particular the type and price.
3. Products available in the Shop should be used in a manner consistent with the information contained in the Product description or in the information placed on the Product or attached to the Product.
4. Prices of Products presented in the Shop are gross prices and include all components, including VAT. The price of a Product does not include its delivery costs, unless expressly stated otherwise in its description.
5. Information about the Products presented in the Online Shop does not constitute an offer but an invitation to conclude an Agreement, within the meaning of Article 71 of the Civil Code.
6. Photographs and descriptions of Products placed in the Shop are for illustrative purposes only. Photographs and descriptions of the Products illustrate the properties, appearance and usable parameters of the Product in a demonstrative manner. The appearance of the Product in the photos presented in the Shop may differ slightly from the appearance of the Product being the subject of the Sales Agreement. Differences in the appearance of the Products may result from technical causes related to the device used by the Customer to access the Shop.
7. In order to conclude a Sales Agreement through the Online Shop, it is necessary to enter the website www.korneliarataj.com and select Products, taking subsequent technical steps based on the messages displayed to the Customer and information available on the website.
8. The selection of the ordered Goods by the Customer is made by adding them to the shopping cart.
9. When placing an Order – until pressing the “Order” button – the Customer can modify the data entered and the selected Goods. For this purpose, it is necessary to follow the messages displayed to the Customer and the information available on the website. In order to place an Order, it is necessary to correctly fill in the Order Form.
10. In the Order Form, the Buyer must provide true personal data. The Buyer will be held responsible for providing false personal data. The Seller reserves the right to suspend the order if the Buyer has provided false data or if the data raises justified doubts in the Seller’s mind about its correctness. In such a case, the Buyer will be informed of the Seller’s doubts by phone or e-mail. In such a situation, the Buyer has the right to clarify any circumstances related to verifying the correctness of the provided data. In the absence of data allowing the Seller to contact the Buyer, the Seller shall provide any explanations after the Buyer has made contact.
11. The Buyer declares that all data provided by him/her in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although she has such a right in accordance with section 7 above.
12. Registration on the website is not necessary to place an order in the Online Shop.
13. After the Customer using the Online Shop has provided all necessary data, a summary of the Order placed will be displayed. The summary of the Order placed shall contain information concerning:
a) the subject of the Order,
b) unit price and total price of the ordered products or services, including delivery costs and additional costs (if any),
c) the selected method of payment,
d) the selected method of delivery.
14. In order to send the Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the “Order” button.
15. Placing an Order constitutes the Customer’s offer to conclude a sales agreement for the Products selected by the Customer. The Customer automatically receives a confirmation of the Order’s receipt in the Seller’s ICT system.
16. The Seller sends a confirmation of the Order acceptance to the Customer’s e-mail address, which constitutes a statement of acceptance of the Customer’s offer and at that moment the sales agreement of the Products is concluded.
17. The Seller performs actions aimed at ensuring availability of the Products presented in the Online Shop. In exceptional cases, particularly when multiple customers order the same goods at the same time, the goods in question may not actually be available. In such a case, the Customer will be informed of the inability to fulfil the order (on the basis of the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code).
18. The Seller does not allow adding opinions about products in the online shop. The Seller indicates that consumer reviews posted on Google are not verified by the Seller.
19. The sales agreement is concluded in the Polish language, with the content compliant with the Regulations.
5. PAYMENTS
1. Payment for the Product in the Online Shop shall be made by means of:
a) a form of prepayment through the imoje electronic payment system, operated by ING Bank Śląski S.A. with its registered office in Katowice and through PayPal
b) payment by credit card
c) cash on delivery
d) traditional bank transfer, payment details:
NAME: KORNELIA RATAJ-ZIELIŃSKA
ACCOUNT NUMBER IBAN: PL34109019260000000148848738
BIC / SWIFT: WBKPPLPP
BANK: Santander Polska S.A.
In the title of the traditional transfer, please state the name of the ordering person and the order number.
2. If a traditional bank transfer is selected as the method of payment, the transfer of the amount due for a given Order should be made within 7 days of placing the Order. If the payment is not made within the said period, 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. If a part or all of the Order is cancelled, the payment to the Customer shall be refunded immediately, but no later than within 14 days from the date of cancellation – in full or in the relevant part of the price, respectively.
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).
6. PRICE OF PRODUCTS
1. All prices given in the Shop are given 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 placed next to the presented Product.
3. The Seller shall display the price of the Product or service in a clear and straightforward manner. Whenever a reduction in the price of a product or service is communicated next to the information about the reduced price (e.g. reduced due to the introduction of temporary promotional offers) in the Online Shop, the Seller displays the lowest price in the last 30 days before the price reduction was applied.
4. The binding and final price is the price shown in the Shopping Cart 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 the prices of Products presented in the Shop, to withdraw and introduce new Products. The above right 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 make changes to the prices of the Products on an ongoing basis, as well as to conduct and cancel promotional offers, discounts and sales. The right referred to in the preceding sentence shall not affect Orders placed before the change of price, terms of promotional offers, discounts or sales. The duration of promotional offers is limited. Discounts and promotional offers do not add up. Promotional offers, discounts and sales are valid during the period and under the conditions indicated each time in the description of a given Product in the Shop. A promotional offer, 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 Shop.
7. The Customer can search through the Products by category.
8. The Order may be fulfilled if the Product is available in the Shop. The Seller performs actions aimed at ensuring availability of Products presented in the Online Shop. In exceptional cases, in particular when multiple Customers place an Order for the same Goods at the same time, a given Good may not actually be available. In such a case, the Customer, due to the inability to complete the Order, shall be informed that the Order cannot be fulfilled (pursuant to the relevant provisions of the Civil Code, including the application of Articles 493-495 of the Civil Code).
7. DELIVERY
1. KR COTTON SACKS are only included with orders from the SWIMWEAR collection at the regular price (one order – one sack). Sacks are not included with SWIMWEAR accessories, i.e. HEADBAND and SCRUNCHIE.
2. Delivery of the Goods takes place to the address indicated by the Customer when placing the Order.
3. The Order Completion Time ranges from 1 to 4 working days, and during the promotional period and in the case of personalised orders, this time may be prolonged which the Customer will be informed of by email, regardless of the quantity of products purchased. Order completion begins after:
– payment by electronic transfer, payment card – after confirmation received by the Seller from the payment operator,
– payment by traditional bank transfer – after the payment has been recorded.
4. The Seller makes every effort to ensure that the order is completed and dispatched as soon as possible.
5. After the above mentioned completion time, the goods are released to the carrier. The order is dispatched within a maximum of 2 working days counted from the moment of completing and sending the Order by the Seller (from the moment it is marked in the system with the status dispatched).
6. Delivery of the ordered Goods is carried out by means of a courier company, parcel pick-up stations.
7. The costs of delivery are precisely defined when placing an order and are visible under the list of selected products. The customer’s total payment is the sum of the price of all ordered products and the cost of delivery.
8. The Seller completes orders within the territory of 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 collected when the parcel reaches the destination country. Any additional customs clearance fees may be charged to the Customer. The Seller notes that she 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.
9. The duration of delivery once the parcel has been picked up by the carrier depends on the type of delivery method chosen by the customer and is determined by the regulations of the individual carriers.
10. Recording, securing, making available and confirming the essential provisions of the Sales Agreement of the Goods to the Customer shall take place by sending the confirmation to the Customer at the e-mail address provided and by attaching a printout of the confirmation or specifications of the Order or a receipt or a VAT invoice to the parcel containing the Goods.
11. Delivery costs:
– courier (prepayment) – PLN 15,
– parcel pick-up station (prepayment) – PLN 15,
– courier (cash on delivery) – PLN 19,
– parcel pick-up station (cash on delivery) – PLN 19.
8. COMPLAINTS CONCERNING THE SELLER’S LIABILITY FOR NON-CONFORMITY OF GOODS WITH THE AGREEMENT
1. The basis and scope of the Seller’s liability towards the Consumer if the sold product is not in conformity with the agreement are set out in the Consumer Rights Act.
2. The Seller undertakes to deliver Products that are free from physical and legal defects, unless it follows from the Product description that the Product is not complete. Any lack of conformity of the Product with the agreement that becomes apparent before the expiry of two years from the time of delivery of the Product shall be presumed to have existed at the time of delivery, unless proven otherwise or this presumption cannot be accepted due to the specific nature of the Product or the non-conformity of the Product with the agreement.
3. Before collecting the parcel with the purchased Product, the Customer should check whether the parcel has been damaged in transit. If damage is found, the Customer is entitled to refuse to accept the parcel and then contact the Seller to determine the further course of action.
4. If the Product is defective, the Seller shall be liable to the Customer, who is a Consumer, under the Seller’s liability for non-compliance of the goods with the agreement for defects under the principles set out in Article 43a-43g of the Consumer Rights Act.
5. The description of each product in the Shop includes the specification of its properties and technical parameters.
6. The Seller, if required by the product, provides the Customer with information on how to use the purchased product, in the form of a document attached to the product or in the form of information published on the Seller’s website or sent as a PDF file in an e-mail addressed to the Customer. This information also sets out the rules for the maintenance of the purchased product.
7. The goods are in conformity with the agreement if their:
a) description, type, quantity, quality, completeness and functionality are in conformity with the agreement;
b) suitability for the specific purpose required by the Consumer is in conformity with the agreement, which the Consumer has notified the Seller of at the latest at the time of concluding the Agreement and which the Seller has accepted.
8. In addition, the goods, in order to be deemed to be in conformity with the Agreement, must:
a) be fit for the purposes for which a product of that kind is normally used, taking into account applicable law, technical standards or good practice;
b) appear in such quantity and have such characteristics, including durability and safety and, in respect of goods with digital elements, also functionality and compatibility, as are typical of goods of that kind and which the Consumer may reasonably expect, taking into account the nature of the goods and the public assurances made by the Seller, her predecessors in law or persons acting on her behalf, in particular in advertising or on labelling, unless the Seller demonstrates that:
– she was not aware of the public assurance in question and, judging reasonably, could not have been aware of it,
– before the conclusion of the agreement, the public assurance was rectified under the conditions and in the form in which the public assurance was given, or in a comparable manner,
– the consumer’s decision to conclude the agreement has not been influenced by the public assurance;
c) be supplied with packaging, accessories and instructions which the Consumer may reasonably expect to be supplied;
d) be of the same quality as the sample or design which the Seller has made available to the Consumer before the conclusion of the Agreement and correspond to the description of such sample or design.
9. If the product is not in conformity with the Agreement, the Consumer may request its repair or replacement.
10. The Seller may make a replacement when the Consumer demands a repair, or the Seller may make a repair when the Consumer demands a replacement, if bringing the Product into conformity with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are not possible or would require excessive costs for the Seller, the Seller may refuse to bring the product into conformity with the agreement.
11. When assessing the excessive costs for the Seller, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the product with the Agreement, the value of the product in conformity with the Agreement and the excessive inconvenience for the Consumer caused by the change in the manner of bringing the product into conformity with the Agreement.
12. The Seller shall carry out repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer of the lack of conformity with the Agreement and without undue inconvenience for the Consumer, taking into account the specific nature of the Product and the purpose for which the Consumer bought it. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller.
13. The Consumer shall make the Product subject to repair or replacement available to the Seller. The Seller shall collect the product from the Consumer at her own expense.
14. If the product has been assembled before it became apparent that the product is not in conformity with the Agreement, the Seller disassembles the product and reassembles it after repair or replacement or has these activities performed at her expense.
15. The Consumer shall not be obliged to pay for the normal use of the product which was subsequently replaced.
16. If the product is not in conformity with the Agreement, the Consumer may make a declaration demanding a price reduction or withdrawal from the Agreement when:
a) the Seller has refused to bring the product into conformity with the Agreement in accordance with Article 43d(2) of the Consumer Rights Act;
b) the Seller has failed to bring the product into conformity with the Agreement in accordance with Article 43d (4) to (6) of the Consumer Rights Act;
c) the lack of conformity of the product with the Agreement continues even though the Seller has tried to bring the product into conformity with the Agreement;
d) the lack of conformity of the product with the Agreement is so significant that it justifies a reduction of the price or withdrawal from the Agreement without first resorting to the means of protection set out in Article 43d of the Consumer Rights Act;
e) it is clear from the Seller’s statement or circumstances that the Seller will not bring the product into conformity with the Agreement within a reasonable time or without undue inconvenience to the Consumer.
17. The reduced price must remain in such proportion to the Agreement price as the value of the non-conforming product remains to the value of the conforming product. The Seller shall reimburse the Consumer with the amounts due as a result of the exercise of the right to reduce the price immediately, but no later than within 14 days of receipt of the Consumer’s statement on price reduction.
18. The Consumer may not withdraw from the Agreement and demand a refund of the price of the product if the lack of conformity of the product with the Agreement is insignificant. The lack of conformity of the product with the Agreement shall be presumed to be significant.
19. If the lack of conformity concerns only certain products delivered under the Agreement, the Consumer may withdraw from the Agreement only with respect to those products and also with respect to other products purchased by the Consumer together with the non-conforming products, if the Consumer cannot reasonably be expected to agree to keep only the products that are in conformity with the Agreement.
20. In the event of withdrawal from the Agreement, the Consumer shall immediately return the product to the Seller at the Seller’s expense. The Seller shall reimburse the price to the Consumer immediately, but no later than within 14 days of receipt of the product or proof of its return.
21. The Seller shall refund the price using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer.
22. The Consumer may withhold payment of the price until the Seller has fulfilled her obligations under Articles 43d and 43e of the Consumer Rights Act.
23. The Seller shall not be liable for the non-conformity of the product with the Sales Agreement if the Consumer, at the latest at the time of concluding the Sales Agreement, received clear information that the purchased product is incomplete (e.g. a product with damage, dirt, etc.) and accepted the lack of a specific feature of the product.
24. The Customer submits the product complaint by sending the complained product to the Seller’s address, including the complaint notification in the parcel. Alternatively, the Consumer can inform the Seller in advance by sending the complaint by e-mail. The Customer may file a complaint using the Complaint Form prepared by the Seller – however, using the form is not obligatory. If the Customer resigns from using the Complaint Form, he/she is obliged to make a complaint in writing, specifying the following if possible (which means that the requirements specified in this clause are only a recommendation and do not affect the effectiveness of complaints made with the omission of the recommended description of the complaint):
a) identification data (first and last name,) contact data (e-mail, telephone number) and address data (address) allowing the complaint process to be properly carried out,
b) designation of the complained product, the date of its purchase and the designation of the document confirming the purchase (VAT invoice/receipt), which will significantly speed up the complaint process,
c) information and circumstances relating to the subject of the complaint, in particular the type and date on which the defect/non-conformity of the Product with the Agreement occurred,
d) the Customer’s request, i.e. request to bring the product into conformity with the Sales Agreement (repair or replacement) or a declaration of price reduction or withdrawal from the Sales Agreement,
e) possible identification of the bank account to which the price paid is to be reimbursed.
f) information on whether the Customer has the status of an entrepreneur with the rights of a Consumer.
25. It is recommended that the complained product is clean, which will significantly speed up the processing of the complaint.
26. The Seller undertakes to process any complaint regarding the Product within 14 days.
27. The Seller shall not be liable if, due to incorrect address, name or bank account number provided by the Consumer, (i) it will not be possible to send the Product free of defects or reimburse the price, (ii) there will be a delay in this respect, (iii) the price will be reimbursed to a bank account not belonging to the Consumer or (iv) the Product free of defects will be sent to an address not belonging to the Consumer.
28. None of the provisions of the Regulations shall limit the rights of the Consumer that he/she is entitled to under the provisions of the applicable law in the territory of Poland. If any such provision is found to exist, the provisions of the law in force on the territory of Poland, in particular the Civil Code, shall apply.
29. The Consumer may exercise the rights under the Seller’s liability for non-conformity of the goods with the Agreement regardless of the rights under the manufacturer’s warranty. If the Product is covered by a warranty, information on this subject will each time be included in the description of the Product in the Shop. Detailed conditions for exercising rights under the warranty referred to in this section can be found in the warranty card attached to the Product covered by the warranty in question.
30. Complaints should be addressed to the Seller:
a) by post, to the address:
KORNELIA RATAJ
Czernica 49
58-521 Jeżów Sudecki
+48730007475
[email protected]
marked “Online shop – complaint”
If possible, please contact us in advance by e-mail at: [email protected]
31. An example of a complaint form can be downloaded from the Seller’s website.
32. If a defect is found in a Product, the Seller may be liable to Entrepreneurs on the basis of the warranty provisions under Art. 556 et seq. of the Civil Code.
33. The Seller shall not be liable for any damage or loss of profit to the Entrepreneur unless the above damage was intentionally caused by the Seller.
34. For the avoidance of doubt, the provisions of sections 32-33 above shall not apply to a natural person concluding an agreement directly related to his/her business activity when it follows from the content of this agreement that it is not of a professional nature for this person, in particular resulting from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9. WITHDRAWAL FROM THE AGREEMENT BY THE CONSUMER
1. The Customer has the right to withdraw from the agreement concluded at a distance or off-premises within 14 days without giving any reason.
2. The deadline for withdrawal expires after 14 days from the day on which the Customer obtained the item or on which a third party other than the carrier and indicated by the Customer obtained the item.
3. In order to exercise the right of withdrawal, the Customer must inform the Store of his/her decision to withdraw from this Agreement by an unequivocal statement e.g. a letter sent by e-mail to: [email protected] or by post to:
KORNELIA RATAJ
Czernica 49
58-521 Jeżów Sudecki
+48730007475
[email protected]
marked “Online shop – withdrawal”
In order to meet the withdrawal deadline, you only need to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.
4. In the event of returning goods ordered with a promotional freebie, the Customer is obliged to return the said freebie as well. If the Customer refuses to return the freebie, the Shop will refund the price of the returned items minus the value of the freebie – at the price of the freebie.
5. Effects of withdrawal from the Agreement
a) the Seller shall immediately, no later than within 14 days from the date of receiving the Consumer’s declaration of withdrawal from the Sales Agreement, return all payments made by the Consumer, including the purchase price of the Product and the costs of delivery of the Product to the Consumer. In any case, no later than 14 days from the day on which the Shop was informed of the Consumer’s decision to exercise the right of withdrawal. Reimbursement shall be made using the same method used by the Consumer unless the Consumer has expressly agreed to a different method of reimbursement that does not involve any costs for the Consumer. The Shop may withhold the reimbursement of the payment until it has received the item or until it has received proof of its return, whichever occurs first.
b) the Consumer is obliged to return the Goods to the Seller at his/her own expense – immediately, but no later than within 14 days from the day on which he/she withdrew from the Sales Agreement. To meet the deadline simply send back the Goods to the Seller’s address before the expiry of this period.
c) the right to withdraw from the Sales Agreement does not apply, for example, to a Customer who is a Consumer in relation to agreements in which the Goods are non-prefabricated items produced to the Consumer’s specification or serving to satisfy his/her individual needs (Article 38 of the Act on Consumer Rights) and also in accordance with Article 38(1)(5) of the Act on Consumer Rights, the return of a swimsuit is possible if the seal connecting the product is intact, e.g. the pantyliner has not been torn off or damaged.
d) if the Consumer exercising his/her right of withdrawal has chosen a method of delivery of the Goods other than the cheapest usual method of delivery offered by the Seller. The Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by the Consumer.
e) if the Sales Agreement covered more than 1 Product, and the Consumer has withdrawn from the Sales Agreement only in part (with respect to some Products covered by the Sales Agreement), the Seller shall be entitled to refund the delivery costs proportionally to the extent to which the Consumer has withdrawn from the Sales Agreement. In such a case, the Seller shall reimburse the Consumer with such a portion of the delivery costs that corresponds to the number of Products returned in relation to the total number of Products covered by the Sales Agreement in question.
f) if the Consumer withdraws, he/she shall bear only the direct costs of returning the Goods, i.e. the costs of sending the Goods to the Seller.
g) the Consumer shall be liable for any reduction in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
h) the Address to which the Customer shall return the Goods is:
KORNELIA RATAJ
Czernica 49
58-521 Jeżów Sudecki
+48730007475
[email protected]
6. A sample withdrawal form can be downloaded from the Seller’s website.
7. The provisions contained in § 9 of the Regulations concerning the Consumer shall apply in accordance with Article 38a of the Consumer Rights Act as of 1 January 2021 and for agreements concluded as of that date, also to the Buyer who is a natural person concluding an agreement directly related to his/her business activity, when it follows from the content of that agreement that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
8. The Customer who is an Entrepreneur is not entitled to withdraw from the Sales Agreement concluded with the Seller.
9. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is an Entrepreneur within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not create any claims on the part of the Customer who is an Entrepreneur against the Seller.
10. A Consumer who has created a Customer Account may, within 14 days, withdraw from the Account Agreement without giving any reason and without incurring any costs other than those provided for by law (which is the statutory right of withdrawal for Customers who are Consumers). The period for withdrawal from the Account Agreement shall begin from the day on which the Customer has accessed the digital content or digital service.
10. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
1. The Consumer has the possibility to make use of out-of-court complaint and redress procedures. The Consumer shall, in particular, have the possibility to:
a) apply to a permanent amicable consumer court to resolve a dispute arising from the agreement concluded,
b) apply to the Regional Inspector of Commercial Inspection to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller,
c) use the assistance of a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
2. For more detailed information on out-of-court complaint and redress procedures, the Consumer may refer to the website http://www.polubowne.uokik.gov.pl.
3. The Consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales agreement or service agreement.
11. PERSONAL DATA
1. The Customer’s personal data registered in the Shop are processed by the Seller as a data controller in accordance with the applicable Polish and EU law, in particular with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and the repealing Directive 95/46/EC (General Data Protection Regulation) for purposes related to transactions carried out in 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 using the Shop’s functionalities, is the Seller, that is Kornelia Rataj-Zielińska conducting business under the name “KORNELIA RATAJ KORNELIA RATAJ-ZIELIŃSKA”, Czernica 49, 58-521 Jeżów Sudecki, entered in the register of entrepreneurs of the CEiDG with NIP [Taxpayer ID No.]: 6112765952,
3. The Controller informs Users that she entrusts the processing of personal data to the following entities:
– Edrone Sp. z o.o., ul. Lekarska 1, 31-203 Kraków, NIP [Taxpayer ID No.]: 676-248-20-64, KRS [National Court Register] No.: 0000537197 – in order to use the edrone.me mailing system for sending newsletters,
– Edrone Sp. z o.o., ul. Lekarska 1, 31-203 Kraków, NIP [Taxpayer ID No.]: 676-248-20-64, KRS [National Court Register] No.: 0000537197: – for marketing purposes only for the purposes of an email, text message, social media campaign launched or indicated by the Controller using the edrone system.
4. The Controller informs that she uses the following technologies to track the actions taken by the user/customer on the Shop website:
– edrone tracking codes – for the purpose of analysing the statistics of the Shop website, as well as for marketing purposes only for the purposes of the email, text message, social media campaign launched or indicated by the Controller using the edrone system.
5. Personal data are used solely for the purpose of order processing and – subject to the Customer’s consent – to inform about new products, services and promotional offers provided by the shop www.korneliarataj.com and will not be made available to other entities.
6. The data provided will be processed on the basis of Art. 6(1) of the GDPR for the purposes indicated in point 1 above.
7. The provision of personal data by the Customer in the Shop is voluntary, but it is necessary in order to carry out transactions in the Shop. Failure to provide personal data makes it impossible to create an account in the Shop and to carry out transactions in 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, regardless of transactions made in the Shop.
8. The Customer has the right to request access to personal data concerning him/her from the Seller, the right to rectify, delete or restrict processing.
9. The Customer has the right to withdraw consent to the processing of personal data at any time without affecting the legality of the processing that was carried out on the basis of consent before its withdrawal.
10. Personal data will be processed for the period necessary for the processing of 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 erasure or withdraws the consent given;
– when the data subject does not take action for more than 10 years (inactive account);
– when the data stored is found to be outdated or inaccurate.
11. Some data in the scope of: e-mail address, first and last name, may be stored for a period of 3 years for evidential purposes, processing of complaints 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 data relating to Customers who are not logged in for a period of time corresponding to the life cycle of cookies stored on their devices or until they are deleted from the Customer’s device by the Customer.
14. Your personal data relating to 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 Personal Data Protection Office if he/she considers that the processing of his/her personal data violates the law.
16. The Customer’s personal data will be processed in the form of analytical, sales and marketing profiling in order to adjust the materials directed by the Seller to the Customer’s needs and interests and to make measurements that will allow the Seller to improve her services. Recipients of personal data may include:
– Kornelia Rataj-Zielińska conducting business under the name “KORNELIA RATAJ KORNELIA RATAJ-ZIELIŃSKA”, Czernica 49, 58-521 Jeżów Sudecki, entered in the register of entrepreneurs CEiDG with NIP [Taxpayer ID No.]: 6112765952, as personal data controller, 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 entities providing electronic payments for the purpose necessary for the performance of the sales agreement and for the purpose necessary to handle payments related to the conclusion and performance of the sales agreement,
– subcontractors, suppliers or contractors acting on behalf of the Seller for the purpose of preparing, producing, packing and shipping products subject to a sales agreement,
– IT service providers and providers of IT software,
– accounting firms providing financial and bookkeeping services,
– auditors or auditing firms providing audit services,
– law firms providing legal advice,
– postal operators and courier services;
17. All entities to whom we entrust the processing of personal data shall process personal data on the basis of a personal data entrustment agreement concluded with the Seller and exclusively in accordance with the Seller’s instructions.
18. The Controller carefully selects the entities with which it cooperates or whose services it uses to process personal data, striving to ensure maximum protection of the data by applying appropriate protection and security measures required by law.
19. Personal data may be transferred to processors cooperating with www.korneliarataj.com (e.g. courier company carrying out the delivery of purchased products, IT service provider, debt collection company, mailing company, etc.). Data will not be transferred to recipients located in countries outside the European Economic Area.
12. INTELLECTUAL PROPERTY RIGHTS
1. All rights to the Shop, including property copyright, intellectual property rights to its name, its Internet domain, the Shop’s website, as well as templates, forms, logotypes of photos placed on the Shop’s website (except for certain logotypes and photos presented in the Shop, the copyrights to which belong to third parties) belong to the Seller.
2. Products provided by the Seller that are available in the Shop are the intellectual property of the Seller, are a work within the meaning of the Act on Copyright and Related Rights and are legally protected.
3. Any use by anyone, without the explicit written consent of the Seller, of any of the elements comprising the content of the website www.korneliarataj.com shall constitute an infringement of copyright vested in the Seller and shall result in civil and criminal liability.
13. COOKIE POLICY
1. Information related to logging in, i.e. IP address, browser type, language, access times and the address from which the user was redirected (cookies) may be collected via the website.
2. Cookies are computer data stored in the form of text and number files which are placed on the Internet user’s terminal device. 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.
3. The Shop operator is the entity placing cookie files on the Shop User’s terminal device and accessing them.
4. Cookies are used for the following purposes: adapting the content of the Shop’s websites to the User’s preferences and optimising the use of the websites; these files make it possible to recognise the device of a Shop User and appropriately display the website, adjusted to the User’s individual needs, open statistics which help to understand how the Shop Users use the websites, which makes it easier to improve their structure and content.
5. There are two main types of cookies used within the Shop: “session” cookies and “persistent” cookies. “Session” cookies are temporary files which are stored on the User’s terminal device until they leave the website or the software (web browser) is disabled. “Persistent” cookies are stored on the User’s terminal device for the time specified in the parameters of the cookies or until they are deleted by the User.
6. The following types of cookies are used on the Shop: “essential” cookies, enabling the use of the services available on the Shop website, e.g. authentication cookies used for services requiring authentication on the Shop website, cookies used to ensure safety, e.g. used to detect abuse of authentication on the Shop website; “performance” cookies, enabling the collection of information on the use of the Shop website; “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.; “advertising” cookies, enabling the provision of advertising content more suited to the User’s interests.
7. In many cases, the web browsing software (web browser) allows cookies to be stored on the User’s terminal device by default. The Shop’s Users can make changes to their cookie settings at any time. These settings can be changed to block the automatic handling of cookies in the web browser’s settings or inform about their placement on the Shop User’s device each time. Detailed information on the possibility and methods of using cookies is available in the settings of your software (web browser).
8. The Shop Operator informs that restrictions on the use of cookies may affect some of the functionalities available on the Shop’s websites.
9. Cookies placed on the Shop User’s terminal device may also be used by advertisers and partners cooperating with the Shop Operator.
10. More information on cookies is available at www.wszystkoociasteczkach.pl or in the “Help” section of the Internet browser menu.
14. SERVER LOGS
1. Using the website involves sending requests to the server where the website is stored. Each request made to the server is recorded in the server logs.
2. The logs include: 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 individuals using the website and is not used to identify you.
4. The server logs are only supporting material used to administer the website and their contents are not disclosed to anyone other than those authorised to administer the server.
15. FINAL PROVISIONS
1. The Seller has the right to amend these Regulations for important reasons, which are in particular considered to be changes in legal regulations. Orders accepted for completion prior to the effective date of changes to the Regulations shall be fulfilled on the basis of the previous regulations.
2. The Seller reserves the right to introduce and cancel deals, promotional offers and to change prices of products in the Shop without prejudice to the rights acquired by the Buyer, including in particular the terms of agreements concluded prior to the change.
3. The Seller reserves the right to amend the Regulations at any time. If the provisions of the Regulations are changed, the provisions of the Regulations in the version valid as of the date of conclusion of the Agreement shall apply to Agreements concluded before the introduction of the change.
4. The Seller reserves the right to amend the Regulations to the extent permitted by applicable law. The Seller shall be entitled to unilaterally change the Regulations in the scope which has not been individually agreed with the User for justified reasons. The following shall be considered as justified reasons:
– a change in universally applicable law in the Republic of Poland insofar as such a change in the law modifies the content of the Regulations or imposes an obligation on the Seller to modify the Regulations in a specific manner;
– the Regulations need to be supplemented, clarified or modified due to universally applicable laws in the Republic of Poland or due to the need to make the Regulations more transparent – insofar as such supplementation, clarification or modification is allowed by legal regulations or due to the need to make the Regulations more transparent;
– issuance by public administration authorities of decisions or acts of analogous nature, as well as guidelines insofar as these documents modify the content of the Regulations or impose an obligation on the Seller to modify the Regulations in a specific manner;
– introduction by the Seller of new functionalities of the Website or modification of their current scope – insofar as the new functionalities modify the content of the Regulations;
– introduction by the Seller of new or modification of the existing IT systems – insofar as they affect the content of the Regulations, and the modification of the Regulations is objectively necessary and directly connected with the introduction of new or modification of the existing IT systems;
– emergence of court or administrative rulings which indicate that the content of the Regulations is contrary to the law – insofar as the proposed change to the Regulations is in the Consumer’s or Entrepreneur’s favour from their point of view.
5. The Seller shall inform the User of the proposed change to the Regulations by publishing on the Website:
– the content of the proposed change to the Regulations;
– the effective date of the amended Regulations;
– the uniform content of the amended Regulations.
6. The Shop reserves the right to change e-mail addresses specified in the Regulations. The changes referred to in the preceding sentence do not constitute an amendment to the Regulations.
7. If the content of the new Regulations is not accepted, the Buyer has the right to terminate the account agreement at any time by deleting the account or submitting an appropriate statement to the Seller, in any form, on the termination of the account agreement.
8. Settlement of potential disputes arising between Kornelia Rataj-Zielińska conducting business under the name “KORNELIA RATAJ KORNELIA RATAJ-ZIELIŃSKA”, Czernica 49, 58-521 Jeżów Sudecki, entered in the register of entrepreneurs of the CEiDG with NIP [Taxpayer ID No.]: 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 relevant provisions of the Civil Procedure Code.
9. Any disputes arising between [online shop operator] and the Customer who is not a consumer within the meaning of Article 22[1] of the Civil Code shall be referred to the competent court for 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 more favourable mandatory and legally required regulations to Customers who are consumers than those contained in these Regulations, the relevant provisions of the Regulations shall be directly substituted by specific norms of the applicable law and shall thus be binding upon the Seller.
16. COPYRIGHT NOTICE OF SALES REGULATIONS
The owner of all material copyrights in the template of these Sales Regulations is the Contractor of the work, who has granted this shop with a non-exclusive and non-transferable right to use these Sales Regulations for the purpose of its own commercial activities on the Internet. The copying and distribution of the template of these Sales Regulations without the consent of the Contractor of the Work is prohibited and may be subject to criminal and civil liability.
REGULATIONS ON GIFT VOUCHERS
The issuer of the Gift Vouchers is Kornelia Rataj-Zielińska conducting business activity under the name “KORNELIA RATAJ KORNELIA RATAJ-ZIELIŃSKA”, Czernica 49, 58-521 Jeżów Sudecki, registered in the register of entrepreneurs of the CEiDG with NIP [Taxpayer ID No.]: 6112765952. For the purpose of interpreting the Regulations, the following terms shall mean:
a) Gift voucher – is an electronic or tangible voucher issued to the bearer, entitling the User to redeem it in the online shop www.korneliarataj.com by purchasing goods and services offered by the shop www.korneliarataj.com in exchange for the voucher’s equivalent. The gift voucher contains an amount expressed in PLN (zł)
b) Buyer – a person, company or institution which purchased the Gift Voucher in the online shop www.korneliarataj.com
c) User – each holder of a Gift Voucher
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 the Goods in the Online Shop;
g) Regulations – these regulations on Gift Vouchers of the KORNELIA RATAJ Internet Shop – www.korneliarataj.com
1. GENERAL CONDITIONS
1. The Gift Voucher may only be used in the online shop www.korneliarataj.com.
2. The gift voucher is not exchangeable for cash in whole or in part and cannot be returned.
3. The Issuer is not responsible for Gift Vouchers that are lost or damaged after they have been given to the Buyer.
4. The Buyer and the User shall not have any claims against the Issuer for the loss (including theft) or destruction of a Gift Voucher.
2. GIFT VOUCHER
1. The Gift Voucher is issued in (PLN):
– in a tangible form with a value of: PLN 200, PLN 300, PLN 500
– in an electronic form E-VOUCHER: PLN 100, PLN 200, PLN 300, PLN 400, PLN 500, PLN 600, PLN 700, PLN 800, PLN 900, PLN 1000
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 final fulfilment of the order in the online shop www.korneliarataj.com provided the relevant payment has been made.
3. Gift Vouchers are available in the following forms:
a) Gift Voucher in a tangible form – sent to the customer by standard dispatch via postal delivery upon approval of payment from the Buyer,
b) Gift Voucher in an electronic form – sent to the customer at the email address provided by the Buyer upon approval of payment from the Buyer.
3. PURCHASE OF GIFT VOUCHERS
1. The purchase of Gift Vouchers is made at a nominal price.
2. The purchase of Gift Vouchers is not subject to any discounts or rebates, nor is it subject to general promotional offers or discounts obtained from occasional discount codes.
4. REDEMPTION OF GIFT VOUCHERS
1. Gift Vouchers can be redeemed for any goods offered by the Shop www.korneliarataj.com.
2. The gift voucher is a full-value form of payment.
3. In order to redeem a Gift Voucher in the Shop www.korneliarataj.com, a one-time unique code must be entered during the checkout process, which is given to the Buyer 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 is obliged to pay the price difference by cash, debit or credit card when the value of the goods received or service provided is higher than the current nominal value of the Gift Voucher.
7. The Buyer or the User may use the Gift Voucher only once.
8. The Issuer is entitled to refuse to redeem the Gift Voucher in the following cases:
a) Expiry of the Gift Voucher (12 months after activation).
b) Lack of funds on the Gift Voucher.
c) Technical problems affecting the Gift Voucher, e.g. inability to connect to the Issuer’s computer system, damage to the Gift Voucher to such an extent that would make it impossible to read the data recorded on the Gift Voucher, or other cases beyond the control of the Issuer.
9. Irrespective of the nominal value of the Gift Voucher, it is permitted to make purchases using a maximum of one Gift Voucher at a time (i.e. within one purchase).
5. SETTLEMENT OF GIFT VOUCHERS
1. The Buyer at the time of issuing the Gift Voucher shall receive from the Issuer:
a) Confirmation of purchasing the Gift Voucher (Confirmation of Sale, receipt or VAT invoice in electronic version) electronically to the e-mail address provided upon receipt of payment to the Issuer’s account.
b) E-mail notification of 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 the Gift Voucher will be handled by the Issuer within 14 days from the date of submitting a written complaint by the User to the e-mail address [email protected].
6. RETURN OF GOODS
1. The Buyer has the right to withdraw from the Gift Voucher purchase agreement within 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 said 14-day period. If the funds have been used at least partially, the right to withdraw from the Gift Voucher purchase agreement in any other form shall not be granted.
2. If a Gift Voucher that has been issued is returned:
a) in a tangible form – it shall be returned by sending it back by post together with the relevant declaration of withdrawal, available on the Issuer’s website, to the address:
Kornelia Rataj-Zielińska
Czernica 49
58-521 Jeżów Sudecki
+48730007475
[email protected]
b) in an electronic form – it shall be done by sending a written withdrawal form available on the Issuer’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. If goods purchased in the online shop www.korneliarataj.com are returned using a Gift Voucher, the Buyer or User is refunded the equivalent of the returned product to the account from which the order was placed using the Gift Voucher.
4. Due to the fact that the subject of the Digital Card Agreement is digital in nature, 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 agreement before the expiry of the statutory fourteen-day withdrawal period must be preceded by the consent of the Buyer. If the Buyer gives his/her consent to the commencement of the Gift Voucher Agreement (i.e. providing the numerical code) before the expiry of the statutory fourteen-day withdrawal period, the Buyer will lose the right to withdraw from the agreement as 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 line with Article 38 item 13 of the above-mentioned Act.
7. FINAL PROVISIONS
1. Upon receiving a the Gift Voucher, the Buyer/User declares that he/she has familiarised himself/herself with the content of these Regulations, accepts its content in full and undertakes to comply with its provisions.
2. The Gift Voucher does not constitute a sale subject to value added tax (VAT) within the meaning of the applicable tax laws.
3. The Gift Voucher is not an official means of payment within the meaning of the applicable legal regulations. The Gift Voucher is an electronic form of a voucher.
4. Any matters not regulated in these Regulations shall be governed by the provisions on bearer vouchers.
5. The content of these Regulations is made available on the website www.korneliarataj.com. The Issuer is obliged to provide the Buyer/User with the Regulations in written form upon request.
6. The Issuer reserves the right to amend the Regulations for valid reasons. Any amendments shall be effective from the date of their introduction by the Issuer, after the amended Regulations have been made available for inspection on the website www.korneliarataj.com.
8. COPYRIGHT NOTICE ON THE REGULATIONS ON GIFT VOUCHERS
The owner of all material copyrights in the template of these Regulations on Gift Vouchers is the Contractor of the work, who has granted to this shop the non-exclusive and non-transferable right to use these Regulations on Gift Vouchers for the purpose of its own commercial activities on the Internet. The copying and distribution of the template of these Regulations on Gift Vouchers without the permission of the Contractor of the Work is prohibited and may be subject to criminal and civil liability.
