EN 
PL 
DE 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 conducting business activity under the name "KORNELIA RATAJ KORNELIA RATAJ-ZIELIŃSKA", Czernica 49, 58-521 Jeżów Sudecki, entered in the register of entrepreneurs of the Central Registration and Information on Business Activity (CEiDG) with NIP number: 6112765952, subject to the Minister of Development and Technology. Contact telephone number +48730007475open Monday-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 For the purposes of interpreting the Regulations, the following provisions shall mean:
(a) Business day - any day of the week from Monday to Friday excluding public holidays;
b) Order Form - an interactive form made available on the Online Shop which enables the Customer to place an Order;
c) Customer - a natural person who has full legal capacity, a natural person conducting business, a legal person or an organisational unit which is not a legal person and to which specific provisions confer legal capacity, concluding the 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, individually assigned to the Customer;
f) Consumer - a natural person who, through the Shop, uses services provided electronically or concludes a sales contract to the extent not directly related to his/her economic or professional activity, i.e. a consumer within the meaning of Article 221 of the Civil Code. A natural person who concludes a contract directly related to his or her business activity is also considered a consumer, when the content of the contract indicates that it is not of a professional nature for him or her, arising in particular from the subject of his or her business activity, as disclosed in CEIDG;
g) Product - goods presented in the Online Shop, being a movable item, 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 the registration form made available by the Seller on the website of the Online Store;
k) RODO - 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 - an online shop operated by the Seller and available at the following address www.korneliarataj.com
m) Seller - 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,
n) Contract of Sale - concluded as a result of an Order between the Customer and the Seller, a contract of sale within the meaning of the Civil Code;
o) Electronic services - services provided by the Seller electronically within the meaning of the Act of 18 July 2002 on provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
(p) Consumer Rights Act - Act of 30 May 2014 on consumer rights ( Journal of Laws 2019, item 369 as amended),
q) Act on the provision of services by electronic means - Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);
r) User - any individual Internet user who uses the Electronic Services provided in the Online Shop;
s) Order - a declaration made by the Customer via an electronic Order Form, constituting an offer to conclude an Agreement for the sale of a Product presented in the On-line Store,
t) Basket - a service made available to each Customer who uses the On-line Shop, consisting of enabling the Customer 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 shipping costs, if any), to display the expected date of delivery of the Products,
u) Distance contract - a contract concluded with the Consumer under an organised distance contracting system within the Shop, without the simultaneous physical presence of the Parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract,
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 legislation.
(6) The Seller has the right to organise occasional competitions and promotions, the terms and conditions and rules of which will be each time indicated on the websites of the Store or set out in a separate regulation.
7 Promotions in the Online Shop are not cumulative unless the Terms and Conditions of a given promotion state otherwise.
(8) Contracts in the Shop are concluded in the Polish language.
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 brand new, free from physical and legal defects and have been legally introduced into the Polish market, unless the Seller has marked them as being incomplete.
Each Product available in the Shop has a description. The Product description indicates each time the basic characteristics of the Product, in particular the type, 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 or attached to the Product.
(4) The prices of the Products presented in the Store are gross prices and include all components including VAT. The price of a Product does not include its delivery costs, unless expressly stated 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) Pictures and descriptions of Products placed in the Shop are for illustrative purposes only. The photos and descriptions of the Products illustrate in a demonstrative manner the properties, appearance and usable parameters of the Product. 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 reasons related to the device with which the Customer uses the Shop.
7. In order to conclude a Sales Contract via the Online Shop, you should visit the website of the www.korneliarataj.com and make a selection of products, taking subsequent technical steps based on the messages displayed to the customer and the 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) During the placement of the Order - until the moment of pressing the "Order" button - The Customer has the possibility of modifying the data entered and with regard to the selection of the Goods. In order to do so, 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) The Buyer must provide truthful personal data in the order form. The Buyer shall be liable for providing false personal data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or where the data raises reasonable doubts of the Seller as to their 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 the verification of the veracity of the provided data. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide any clarifications after the Buyer has made contact.
(11) The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such a right in accordance with paragraph 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 entered all the necessary data, a summary of the Order placed will be displayed. The summary of the Order placed shall contain information concerning:
(a) the subject matter of the contract,
(b) the unit price and the total price of the products or services ordered, including delivery costs and additional costs (if any),
(c) the payment method selected,
d) the delivery method chosen,
14 In order to send an Order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as mandatory and press the "Order" button.
15. placing an Order constitutes an offer by the Customer to conclude a contract of sale of the Products of his/her choice. The Customer automatically receives a confirmation of the receipt of the Order in the Seller's IT system.
16. the Seller sends to the Customer's e-mail address a confirmation of acceptance of the Order, which constitutes a statement of acceptance of the Customer's offer, and at that moment the contract of sale of the Products is concluded.
(17) The seller performs actions aimed at ensuring the 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, it may happen that a given good is not actually available. In such a case, the customer will be informed of the impossibility of fulfilling the order (on the basis of the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code, which may apply).
(18) The seller does not allow product reviews to be added to the online shop. The seller indicates that consumer reviews posted on Google are not verified by the seller.
(19) The contract of sale shall be concluded in the Polish language, with contents in accordance with the Terms and Conditions.
6. PAYMENTS
1. Payment for the Product in the Online Shop is made by means of:
a) forms of 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 means of payment cards
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: Santander 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 cancellation of part or all of the order, payment to the customer shall be refunded immediately, but no later than 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).
(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 shall display 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.
(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. KR COTTON SACKS are only included with orders from the SWIMWEAR collection at the regular price (one order - one bag). Sacks are not included with SWIMWEAR accessories, i.e. HEADBAND and SCRUNCHIE.
2. the Goods are delivered to the address indicated by the Customer when placing the Order.
The Order Execution Time is between 1 and 4 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
(4) 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).
6 Delivery of ordered Goods shall be made by courier service, parcel service.
(7) The delivery costs are clearly stated 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 cost of delivery.
(8) 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.
(9) The duration of delivery after receipt 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) The material provisions of the Agreement for the sale of 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.
11. 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. COMPLAINTS CONCERNING THE SELLER'S LIABILITY FOR NON-CONFORMITY OF GOODS WITH THE CONTRACT
(1) The basis and extent of the Seller's liability to the Consumer if the product sold is not in conformity with the contract are set out in the Consumer Rights Act.
(2) The Seller undertakes to supply Products that are free from physical and legal defects, unless it is evident from the Product description that the Product is not complete. Any lack of conformity of the Product with the contract 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 the contrary is proven or this presumption cannot be reconciled with the nature of the Product or the nature of the lack of conformity of the Product with the contract.
(3) Before collecting the parcel with the purchased Product, the Customer should check whether the parcel has not been damaged in transport. If damage is found, the Customer is entitled to refuse the consignment and then contact the Seller to determine the further course of action.
(4) In the case of defects in the Product, the Seller shall be liable to the Customer, who is a Consumer, under the Seller's liability for non-conformity of the goods with the contract for defects under the terms of Article 43a-43g of the Consumer Rights Act.
5 The description of each product in the Shop includes a specification of its properties and technical parameters.
6.The colours of the products may vary slightly from those shown in the images and between production batches. This is a natural consequence of the manufacturing processes of the materials and differences in the display of colours on electronic devices.
7.The brand reserves the right to make changes to the forms, cuts and details of the products, which may vary slightly from one piece to another within the same model.
(8) The vendor shall, if the product so requires, provide the Customer with information on how to use the purchased product, either in the form of a document attached to the product or in the form of information published on the vendor's website or sent as a PDF file in an e-mail sent to the Customer. This information also sets out the rules for the maintenance of the purchased product.
9. Goods are in conformity with the contract if, in particular, they are:
(a) description, type, quantity, quality, completeness and functionality;
b) suitability for the specific purpose for which it is needed by the Consumer, which the Consumer has notified the Seller at the latest at the time of the conclusion of the Contract and which the Seller has accepted.
10 In addition, the goods, in order to be considered in conformity with the contract, must:
(a) be fit for the purposes for which a product of that type is normally used, having regard to the applicable laws, 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 type and which the Consumer may reasonably expect, taking into account the nature of the goods and the public assurances made by the Seller, its predecessors in law or persons acting on their behalf, in particular in advertising or on labelling, unless the Seller demonstrates that:
- did not know about the public assurance in question and, judging reasonably, could not have known about it,
- prior to the conclusion of the contract, 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 public assurance did not influence the Consumer's decision to enter into the contract;
(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 model which the Seller made available to the Consumer before the conclusion of the Contract and correspond to the description of such sample or model.
(11) If a product is not in conformity with the contract, the Consumer may request repair or replacement.
(12) The Seller may make a replacement when the Consumer requests a repair, or the Seller may make a repair when the Consumer requests a replacement, if bringing the Product into conformity with the Contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Contract.
(13) When assessing whether the costs to the Seller are excessive, account shall be taken of all the circumstances of the case, in particular the significance of the non-conformity of the product with the contract, the value of the product in conformity with the contract and the excessive inconvenience to the consumer caused by the change in the manner of bringing the product into conformity with the contract.
(14) 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 contract and without undue inconvenience for the Consumer, taking into account the specific nature of the Product and the purpose for which the Consumer purchased it. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller.
(15) The Consumer shall make the product to be repaired or replaced available to the Seller. The Seller shall collect the product from the Consumer at his own expense.
(16) If the product was assembled before the lack of conformity of the product with the contract became apparent, the Seller shall disassemble the product and reassemble it after repair or replacement or have it repaired at his own expense.
(17) The consumer shall not be obliged to pay for the mere use of a product which has subsequently been replaced.
(18) If a product is not in conformity with the contract, the Consumer may make a declaration to request a price reduction or to withdraw from the Contract when:
a) The seller has refused to bring the product into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
b) The seller has failed to bring the product into conformity with the contract in accordance with Article 43d(4) to (6) of the Consumer Rights Act;
(c) the lack of conformity of the product continues despite the fact that the Seller has tried to bring the product into conformity with the contract;
d) the lack of conformity of the product with the contract is so significant that it justifies either a price reduction or withdrawal from the contract without first making use of the protections set out in Article 43d of the Consumer Rights Act;
e) it is clear from the Seller's statement or the circumstances that the Seller will not bring the product into conformity with the contract within a reasonable time or without undue inconvenience for the Consumer.
(19) The reduced price must be in such proportion to the contract price as the value of the non-conforming product remains to the value of the conforming product. The Seller shall reimburse the Consumer 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 declaration of price reduction.
(20) The consumer may not withdraw from the contract and claim reimbursement of the price of the product if the lack of conformity of the product with the contract is insignificant. The lack of conformity of the product with the contract shall be presumed to be material.
(21) If the lack of conformity concerns only some of the products delivered under the contract, the Consumer may withdraw from the contract only in respect of those products and also in respect of 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 conforming products.
(22) In the event of withdrawal from the contract, the Consumer shall immediately return the product to the Seller at the Seller's expense. The Seller shall return the price to the Consumer immediately, but no later than within 14 days of receipt of the product or proof of its return.
(23) The Seller shall refund the price by using the same means of payment as the Consumer used, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs to the Consumer.
(24) The consumer may withhold payment of the price until the Seller has fulfilled his obligations under Articles 43d and 43e of the Consumer Rights Act.
25. the Seller shall not be liable for the non-conformity of a product with the sales contract if the Consumer, at the latest at the time of conclusion of the sales contract, received clear information that the purchased product is incomplete (e.g. product with damage, soiling, etc.) accepted the lack of a specific product feature.
26 The Customer submits the complaint about the product by sending the product to the Seller's address, including the content of the complaint notification in the parcel. Alternatively, the Customer can inform the Seller about the complaint by sending an e-mail. The Customer may file a complaint using the Complaint Form prepared by the Seller - however, the use of the form is not obligatory. If the Customer resigns from using the Complaint Form, he/she is obliged to make a complaint notification in writing, specifying as far as possible (which means that the requirements specified in this point 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) to enable the complaint process to be properly carried out,
b) mark the product complained of, the date of purchase and the document confirming the purchase (VAT invoice/paragon), which will speed up the complaint process considerably,
c) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the defect/non-conformity of the Product,
d) the customer's request, i.e. to bring the product into conformity with the sales contract (repair or replacement) or a declaration of price reduction or withdrawal from the sales contract,
e) the bank account, if any, to which the price paid is to be reimbursed.
f) information on whether the customer has the status of a trader with consumer rights.
27. it is recommended that the product complained of is clean, which will speed up the recognition of the complaint.
(28) The Seller undertakes to deal with any complaint concerning a Product within 14 days.
(29) The Seller shall not be liable if, due to incorrect address or name details provided by the Consumer or an incorrect bank account number, (i) it is not possible to send the Product free of defects or refund the price, (ii) there is a delay in doing so, (iii) the price refund is made to a bank account not belonging to the Consumer or (iv) the Product free of defects is sent to an address not belonging to the Consumer.
(30) None of the provisions of the Terms and Conditions shall limit the rights of the Consumer under the provisions of the law in force on the territory of Poland. In the event of the existence of a provision of this nature, the provisions of the law in force on the territory of Poland, in particular the Civil Code, shall apply.
(31) The consumer may exercise rights under the seller's liability for non-conformity of the goods with the contract independently of the rights under the manufacturer's guarantee. If the Product is covered by a guarantee, information on this subject shall be included in each case in the description of the Product in the Shop. Detailed conditions for exercising rights under the guarantee referred to in this paragraph can be found in the guarantee card enclosed with the Product covered by the guarantee in question.
32 Complaints should be addressed to the Seller:
(a) by letter, to the following address:
KORNELIA RATAJ
Czernica 49
58-521 Jeżów Sudecki
+48730007475
[email protected]
marked Online shop - complaint
At the same time, if possible, please contact us in advance by email at: [email protected]
33 An example of a complaint form can be downloaded from the seller's website.
(34) In the event of a defect in a Product, the Seller may be liable to Entrepreneurs under the warranty provisions of Art. 556 et seq. Civil Code.
(35) The Seller shall not be liable for any damage or loss of profit to the Entrepreneur unless such damage was caused intentionally by the Seller.
(36) For the avoidance of doubt, the provisions of paragraphs 32 to 33 above shall not apply to a natural person who concludes a contract directly related to his/her business activity when it is apparent from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject matter of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
10. WITHDRAWAL OF THE CONSUMER FROM THE CONTRACT
(1) The customer has the right to withdraw from a distance or off-premises contract within 14 days without giving any reason.
(2) The period for withdrawal shall expire after 14 days from the day on which the Customer has taken possession of the goods or on which a third party other than the carrier and indicated by the Customer has taken possession of the goods.
(3) In order to exercise the right of withdrawal, the Customer must inform the Store of his/her decision to withdraw from this contract 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 comply with the withdrawal period, it is sufficient for the communication concerning the exercise of the Customer's right of withdrawal to be sent before the withdrawal period has expired.
(4) In the case of returning goods from an order to which a promotional freebie was included, the Customer is obliged to return the said freebie as well. In the event of refusal to return the complimentary items, the Shop will refund the price of the returned items minus the value of the complimentary items - in accordance with the price of the complimentary items.
5 Consequences of withdrawal
a) The Seller shall immediately, no later than 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Sales Contract, return to the Consumer 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 provided evidence of its return, whichever event occurs first.
b) The Consumer shall be obliged to return the Goods to the Seller at his/her own expense - immediately, but no later than within 14 days from the date of withdrawal from the Sales Contract. To meet the deadline it is sufficient to send the Goods back to the Seller's address before the expiry of this period.
c) The right of withdrawal from a Sales Agreement does not apply, inter alia, to a Customer who is a Consumer in relation to agreements in which the Goods are non-refabricated items produced to the Consumer's specifications or serving to meet the Consumer's 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 hygienic insert has not been torn off or damaged.
d) If the Consumer exercising his 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) in the event that the Sales Agreement covered more than 1 Product and the Consumer has withdrawn from the Sales Agreement only in part (with respect to some of the Products covered by the Sales Agreement), the Seller shall be entitled to reimburse the delivery costs in proportion to the extent to which the Consumer has withdrawn from the Sales Agreement. In such a case, the Seller shall reimburse the Consumer such proportion of the delivery costs as corresponds to the number of Products returned in relation to the total number of Products covered by the Sales Contract in question.
f) In the event of cancellation, the Consumer Customer 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 diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to establish 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 this § 9 of the Terms and Conditions concerning the consumer shall apply in accordance with Article 38a of the Consumer Rights Act from 1 January 2021 and for agreements concluded from 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 does not have a professional character 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 contract concluded with the Seller.
(9) The Seller has the right to withdraw from the sales contract concluded with the Customer who is an Entrepreneur within 14 calendar days from the date of its conclusion. Withdrawal from the sales contract in this case may take place without giving any reason and does not create any claims on the part of the Entrepreneur Customer against the Seller.
(10) The Consumer who has created a Customer Account may withdraw from the Customer Account agreement within 14 days 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 Customer Account agreement starts from the day the Customer accesses the digital content or service.
11. 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 http://www.polubowne.uokik.gov.pl.
(3) The consumer may 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 an out-of-court settlement of a dispute concerning contractual obligations arising from an online sales or service contract.
12. 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 Seller, i.e. 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 Tax Identification Number (NIP): 6112765952, is the administrator of personal data (within the meaning of Article 4(7) RODO) of the Customers, including Users using the functionality of the Shop,
3 The Administrator informs Users that he entrusts the processing of personal data to the following entities:
- Edrone Sp. z o.o., ul. Lekarska 1, 31-203 Kraków, NIP: 676-248-20-64, KRS: 0000537197 - in order to use the edrone.me mailing system for sending the newsletter,
- Edrone Sp. z o.o., ul. Lekarska 1, 31-203 Kraków, NIP: 676-248-20-64, KRS: 0000537197: - for marketing purposes only for the purposes of an email, sms, social media campaign launched or indicated by the Administrator using the edrone system.
- Sinch Email, 112 E Pecan St #1135, San Antonio, TX 78205, USA (formerly Mailgun Technologies Inc.) - to technically handle the sending of emails, including order confirmations, system messages and newsletter correspondence.
4 The Administrator informs that it uses the following technologies to track the actions taken by the user/customer within the Shop website:
- edrone tracking codes - for the purpose of analysing the Store's website statistics, as well as for marketing purposes only for the purposes of email, sms, social media campaigns launched or indicated by the Administrator using the edrone system.
5. personal data is used only to process orders and, subject to the customer's consent, to inform 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.
(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 transferred to processors cooperating with the www.korneliarataj.com (e.g. courier company delivering 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.
13. 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) Products provided by the Seller, which 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 subject to legal protection.
3. any use by anyone, without the express written consent of the Seller, of any of the elements making up the content of the site. www.korneliarataj.com constitutes an infringement of the Seller's copyright and will result in civil and criminal liability.
14. 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, web browsing software (web browser) allows cookies to be stored on the User's terminal equipment by default. Users of the Store can make changes to their cookie settings at any time. These settings can be changed in particular in such a way as to block the automatic handling of cookies in the web browser settings or inform on their each time placement on the Store User's device. 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 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 We work with Microsoft Clarity and Microsoft Advertising to record how people use and interact with our website using behavioural metrics, heat maps and session replay to improve and promote our products/services. Site usage data is recorded using first and third party cookies and other tracking technologies to determine product/service popularity and online activity. In addition, we use this information for site optimisation, fraud/security purposes and advertising. For more information about how Microsoft collects and uses your data, please visit Microsoft Privacy Statement.
15. 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.
16. 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.
17. 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.
17. COPYRIGHT NOTICE ON THE RULES 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.
REGULATIONS FOR GIFT VOUCHERS
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 the form of material worth: PLN 200, PLN 300, PLN 500
- 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.