Seller/Administrator – The Owner, Administrator and Controller of the Personal Data of the Shop operating at: www.korneliarataj.com is Kornelia Rataj conducting business under the name “KORNELIA RATAJ”, C.K. Norwida 1/6, 58-500 Jelenia Góra, NIP: 6112765952, REGON: 364364579, firstname.lastname@example.org, phone number: +48 533 087 384.
Customer – means the entity for whom, according to the Regulations and laws may be provided electronic services or with whom a sales agreement may be concluded.
Internet Shop/Shop – the Internet service available at: www.korneliarataj.com, through which the Customer may purchase goods from the Seller.
Products/Goods – movables presented in the Internet Shop, which may be subject of the sales agreement.
Order Form – a service available on the Internet Store website, through which the customer, who does not have a user account, may make a purchase of Products in the Shop.
Regulations – the following Regulations of the Internet Shop.
I. GENERAL PROVISIONS.
1. The Internet Shop at: www.korneliarataj.com is run by the Seller.
2. Should any errors appear on the Shop website, such as wrong prices, availability etc. the Seller reserves the right to refuse the conclusion of agreement.
3. The availability of products is updated Monday to Friday, excluding public holidays.
4. All information available on the website referring to the Goods (including prices), do not constitute an offer within the meaning of Art. 66 of the Civil Code but an invitation to conclude an agreement referred to in Art. 71 of the Civil Code.
5. The Seller reserves the right to limit the number of ordered Products offered in the shop at promotional prices.
6. The information on price given on the website of the Internet Shop is binding from the moment of receiving the e-mail by the Customer, which is referred to in section III paragraph 5. of the Regulations. After successful placing of the order (and receiving an e-mail by the Customer), the price will not change regardless of the price changes in the Shop, which may appear in reference to certain Products.
7. Pictures of the Goods will be placed on the Internet Shop website as example and serve presenting specific models they show.
8. The colours of models shown in photos on the Internet shop’s website may differ from actual colours, due to the diversity of available computer hardware and its individual settings, especially in regard to display and graphic card.
9. In order to properly place an order it is required to provide accurate and real address data by the Customer, indicated in the Order Form or the Registration Form, as well as providing a phone number or e-mail, which will make allow the Seller to contact the Customer.
II. TERMS AND CONDITIONS OF USING THE INTERNET SHOP.
1. To use the services of the Internet Shop it is required to acquaint the following Regulations and to accept them. By placing an order the Customer accepts the Regulations.
2. The information provided in the Order Form should be true and current. In case of providing false or outdated information, particularly in regard to the Customer’s personal data, the Seller is not obliged to carry out the Order. It is forbidden for the Customer to transfer or share illegal content or content which will infringe the rights of third parties.
3. The Seller shall take the necessary technical and organizational measures to prevent acquiring and modifying the data, provided by the Customer during registration and ordering, by unauthorized persons.
4. Successful placing an order is possible only, when the Product chosen by the Customer can be produced by the Seller. The information concerning availability is located on the website subpage, referring to the specific Product. If the ordered Product cannot be produced the Customer is immediately informed of this fact and has the ability – if he chooses to – to change either the whole order or a part of it, or to cancel the order. The Customer will receive information about it via e-mail. In the case of cancellation of the order payment made by the Customer for the ordered Product, which cannot be produced, will be returned by the Seller immediately, not later than 7 days from the date of the Customer’s notification regarding cancellation.
III. PLACING ORDERS.
1. Placing an Order by the Customer is possible after completing all of the following actions, i.e. after:
a) correctly filling the “Order” form on the Store website,
b) reading the Shop Regulations,
c) accepting the Shop Regulations.
2. Placing an Order by the Customer means accepting these Regulations.
IV. ORDER FULFILLMENT.
1. Placing an Order on the Shop website by the Customer is equivalent to concluding an agreement of sale.
2. Each ordered product is being transferred to production after the payment reaches the account of the Seller.
3. Time of fulfilling the order is counted from the moment of payment reaching the Seller’s account, which in case of bank transfer or credit card ranges from 2 to 7 working days.
4. The Seller reserves the right for additional verification of Customer’s data by, e.g. telephone contact.
5. The Seller reserves the right to refuse fulfilling Orders when:
– the Order Form has been filled incorrectly,
– the Order has been was placed in violation of these Regulations,
– when the transaction price is a result of an obvious error of the Seller or a system error.
6. Placing Orders in the Shop is possible the whole day in every day of the year, unless the Seller informs on the website, that the Shop is closed for the day or period.
7. Goods included in the Order are delivered to the Customer by the Seller along the sales document.
8. The terms of the sales agreement are defined by these Regulations, applicable laws and the eventual arrangements between Seller and Customer.
V. TERMS OF PAYMENT, PRICES.
The prices of Goods are shown in PLN or in EURO, USD according to the Customer’s choice. In the case of an Order placed from outside the customs territory of the EU the Customer may incur other additional costs associated with the obligation to pay import duties by the Customer.
1. Bank transfer via the external payment system PayPal, supported by PayPal (Europe) S.à r.l. & Cie, S.C.A. located at Luxembourg (in this case the fulfilment of the order begins after the Seller sends the confirmation of accepting the order to the Customer and after the Seller receives information from the PayPal system of the Customer fulfilling payment).
2. The wares made at special request, i.e. wares made for measure, or in accordance with predefined changes, are priced individually via e-mail.
3. The Seller reserves the right to change the prices of the Goods, performing promotional actions or sales as well as cancelling them or making changes in them.
4. The above right has no effect on the prices of Goods in orders placed before the date of promotional actions, sales or changing the price.
5. The promotions in the Internet Shop cannot be combined, unless the promotion rules state otherwise.
VI. DELIVERY OF THE ORDERED GOODS.
1. The Ordered Goods will be sent via postal delivery.
2. The shipping will be done from 2 to 7 working days from the time the payment appears on the Sellers account.
3. The additional cost of delivery (shipping) of the Product is paid by the Customer and is included in the Customer’s order price. This amount is indicated to the Customer before placing an order.
4. The Seller is not responsible for delays in shipment, which are due to reasons beyond his control, unless such liability arises from the provisions of law.
5. Each shipment is controlled by the Seller and properly packed. It is advised that the Customer should check the condition of the package upon receipt. In case of finding damage of the Goods or packaging it is advisable to prepare a damage report in the presence of the courier, which should be immediately sent to the Seller along with a possible complaint.
6. The Customer (Buyer) is each time giving a one-time authorization for the Seller to provide a shipping of the purchased Goods by postal service or courier.
7. The maximal time of delivery of the order is 7 working days. After this time the Customer is entitled to cancel the order by sending the Seller a written declaration or via e-mail. In such event the Seller immediately returns the Customer, who is being a consumer, any money that has been sent by him as payment, including costs of delivery of Goods.
8. The shipments are executed in the order they are received until stocks are exhausted.
9. In case of delivering the Goods outside the territory of the Polish Republic, shipment is possible only through courier. The costs of delivery will be indicated at the time of placing the Order.
VII. RETURN OF THE PURCHASED PRODUCTS.
1. In accordance to Art. 7 section 1 of the law of 2 March 2000 concerning protection of certain consumer rights and liability for damage caused by hazardous product (Journal of Laws of 2000 No. 22, item 271, as amended) the Customer, which is a consumer, is entitled to withdraw from the Purchase Agreement within 14 days from the date of receipt of the Product.
2. The 14 day period mentioned above is counted from the day when the Customer came into possession of the things or when a third person other than the deliverer, indicated by the Customer came into possession of the thing. In order to comply with the deadline it is only required to send information to the Seller, concerning the exercising the right of withdrawal before the deadline.
3. The Product returned by the Customer should be packed in a proper way, ensuring no damage during transportation, packed in the original packing. The Product has to be returned with complete equipment and accessories (tags and any protective elements) as well as documents issued as it was sold (proof of purchase – invoice/receipt) to the address:
KORNELIA RATAJ, C.K. Norwida 1/6, 58-500 Jelenia Góra, POLAND.
4. The Goods returned cannot have signs of use or odours. In case of the SWIMWEAR COLLECTION, the Product also has to have an unimpaired protective foil insert stuck to it.
5. The above requirements for Product return do not affect or limit the Customer’s laws to lodge a complaint in accordance with the law. These requirements concerning Consumers have to be interpreted each time in accordance with the applicable law.
6. In case of withdrawing from a contract made from a distance, the contract is deemed unmade. The services rendered by the parties is being returned in unchanged state, unless the change was necessary within the limits of ordinary handling, especially when referring to the thing’s character, features and functioning.
7. Direct costs of Product return i.e. cost of packing and shipment of the Product in relation to the withdrawal from the distance agreement are to be incurred by the Customer.
PRODUCT RETURN PROCEDURE:
1. Contact us via e-mail: email@example.com
2. The Customer may formulate a statement of return by himself or print a return form, which will be sent in response to the e-mail (the form is available for download on the website)
3. The Products along their complete equipment and accessories should be packed in the original box, the filled return form included as well as the invoice (proof of purchase, which has been attached to the Product received).
4. The returned Goods should be sent to the following address:
C.K. Norwida 1/6
58-500 Jelenia Góra
With a note: RETURN
We will return the payment within 7 days from the date of return receipt. The method of payment return will be the same, as the payment you have made.
1. According to the Law on special conditions of sale to customers and amending the Civil Code of 27 July 2002 (Journal of Laws 2002, no. 141, item 1176, as amended) related to Customers being consumers, the Seller is responsible for the Product not being inconsistent with the agreement. In the case of Customers not being consumers, the Seller is responsible according to rules set out in the Civil Code.
2. The Customer submitting a complaint is obliged to send the Product along a proof of purchase to the address:
C.K. Norwida 1/6
58-500 Jelenia Góra
3. The Customer should include contact information (telephone number or e-mail address) in the complaint form to enable the Seller to contact the Customer.
4. The shipping costs are covered entirely by the Customer.
COMPLAINT SUBMITTING PROCEDURE:
1. Contact us via e-mail address: firstname.lastname@example.org
2. Print and fill the complaint form, which we will send as response (the form is available for download at the website).
3. The Products you wish to complain about should be packed and the filled complaint form included as well as the invoice (proof of purchase, which has been attached to the Product received).
4. The returned Goods should be sent to the following address:
C.K. Norwida 1/6
58-500 Jelenia Góra
With a note: COMPLAINT
1. Personal data of the Customer are processed by the Seller as the Personal Data Administrator (hereinafter called the ‘Administrator’) only in order to conclude the Contract of Sale.
2. The provision of personal data by the Client is voluntary, but necessary to conclude the Contract of Sale.
3. The Seller will apply necessary organizational and technical means in order to provide protection of the processed personal data.
4. The Customer has the right to file a complaint to the appropriate body for personal data protection, right to object, right to access personal data, demand the correction, deletion, minimising the processing or moving of personal data.
5. The Customer’s personal data is processed according to the Regulation No 2016/679 of the European Parliament and Council (EU) of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (OJ No 119, p. 1) (hereinafter called ‘GDPR’) and other legislation currently in force, i.e. at the time of processing determined personal data, regarding personal data protection. The ‘personal data’ shall mean any information relating to an identified or identifiable natural person (hereinafter called ‘Personal data’). An identifiable person is one who can be identified, directly orindirectly, in particular by reference to an identifier, such as given name and surname, identification number, location data, internet identifier or one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
6. The Administrator performing the processing of data shall protect the interests of data subjects with due care, and in particular shall ensure that:
– the data is processed lawfully, reliably and in a manner transparent for the person whom it is regarding;
– the data is collected for specified and legitimate purposes and no further processed in a way incompatible with the intended purposes;
– the data is relevant, adequate and necessary to the purposes for which they are processed;
– correct and updated, if necessary;
– data is kept in a form which permits identification of the data subjects for no longer than it is necessary for the purposes for which they are processed;
– processed in a manner, which ensures adequate safety of Personal data, including protection from unauthorized or illegal processing and accidental loss, damage or destruction, using appropriate technical and organizational measures.
7. The purposes of Personal data processing by the Administrator are in particular:
– concluding the Contract of Sale – Personal data are necessary in order to complete the Customer’s order and concluding the contract, especially by confirming it’s application and reserving oor sending the given product to the Customer, as well as contacting the Customer regarding the matter, if necessary;
– receiving and considering complaints;
– claiming compensation and defending oneself from claims, also regarding third parties;
– carrying out duties resulting from e.g. tax and accounting regulations, especially regarding payable agreements;
– conducting correspondence with Customers, including responding to questions raised by Customers.
8. The administrator may process the Customer’s Personal data when placing orders in the Internet shop, in particular: given name and surname; e-mail address; contact telephone number; address (street, house number, apartment number, postal code, city, country), headquarters/residence/business address (if different than delivery address), bank account number and, in the case of Customers not being consumers: company name and tax identification number.
9. Each Customer at any time has a right to:
– file a complaint to the President of the National Data Protection Authority;
– access the Personal data (including e.g. obtaining information which Personal data are processed);
– request rectification and minimising of processing (e.g. if the Personal data is incorrect) or removing the Personal data (e.g. in case if they were processed illegally);
– withdraw any consent to the Administrator at any given moment, while the withdrawal should not affect the processing done by the Administrator prior to the withdrawal;
– raise objection towards processing any Personal data done in order to complete the legally justified interests of the Administrator.
10. Personal data may be stored during the period of using the service of the Internet shop (they may be deleted after three years from the last activity of the Customer in the Internet store).
11. Personal data will be stored also when the legal regulations (accounting or tax) will require the Administrator to process them.
12. Personal data will be stored longer in case if the Customer has any claims against the Administrator, in order to redress or defend against claims of third parties, during the period stated by legal regulations, the Civil code in particular.
13. The Cookie technology used by the Administrator will collect information on any person visiting the Internet shop. The following Rules regard people, who use the services of the Internet shop, regardless if they become Customers (who place orders), hereinafter called ‘Visitors’.
14. Cookies are small amounts of text information, sent by the server and saved on the device of the Visitor (usually on the hard drive or mobile device storage). They store information, which may be required by the Internet shop to adjust to the means of using it by the Visitor, as well as to collect statistical data regarding the Internet shop (e.g. the sites that were visited) and data regarding the Internet Service Provider domain or the country of origin of the Visitor. The technology that stores the data and obtains access to the Visitor’s identifier allows the Application to work in off-line mode and to save the Visitor’s preferences.
15. Data collected using Cookies. A Visitor using services of the Internet shop, where Cookies allowing identification of browser and device are used – these Cookies collect various information, which do not belong to Personal data (they do not allow identifying the Visitor). The Personal data regulations find application in regard to the information collected using cookies, in particular to the rights of the person that they are concerning. The information regarding information collected in cookies is also available in e.g. the disclaimer placed in an easily visible and accessible place after first accessing the Internet shop’s website.
17. The main reason for using cookies is to facilitate the use of the Internet shop for the Visitor, by “remembering” information, so that the visitor does not have to provide it again.
18. Cookies used in the Internet shop are in no way harmful to the Visitor, his computer, or any other device used by him, which is why we do not recommend disabling cookies in Internet browsers. There are two types of cookies: session cookies, which remain saved on the Visitor’s computer or mobile device to the moment of leaving the Internet shop or closing the software (Internet browser) and permanent cookies, which remain on the Visitor’s device for a period delimited in the cookie parameters or until manually removed from the Internet browser.
19. Analiza i statystyka. Wykorzystujemy pliki cookies do śledzenia statystyk strony, takich jak liczba osób odwiedzających, rodzaj systemu operacyjnego i przeglądarki internetowej wykorzystywanej do przeglądania strony, czas spędzony na stronie, odwiedzone podstrony, itd. Korzystamy w tym zakresie z Google Analytics, co wiąże się z wykorzystaniem plików cookies firmy Google LLC. W ramach mechanizmu do zarządzania ustawieniami plików cookies masz możliwość zadecydowania, czy w ramach usługi Google Analytics będziemy mogli korzystać również z funkcji marketingowych.
20. Marketing. Korzystamy z narzędzi marketingowych, takich jak Facebook Pixel, by kierować do Ciebie reklamy. Wiążę się to z wykorzystywaniem plików cookies firmy Facebook. W ramach ustawień plików cookies możesz zadecydować, czy wyrażasz zgodę na korzystanie przez nas w Twoim przypadku z Pixela Facebooka.
21. The Administrator will, taking into account the current state of technical knowledge and the character, extent, context and aim of the data processing, as well as the risk of infringing rights or freedoms of legal persons with various probabilities and importances, will apply appropriate technical and organizational measures, ensuring the protection of Personal data using relevant measures for the given danger and category of data protected, especially from sharing it with unauthorized persons, takeover by unauthorized persons, processing it with infringement of current regulation or change, removal, damage or destruction. Sharing the information with third parties, regarding technical and organizational measures applied for data protection, may decrease their efficiency, therefore threatening proper Personal data protection. The Administrator will provide the following technical measures in order to prevent obtaining and modifying Personal data sent electronically by unauthorized persons:
– Protecting the data set from unauthorized access;
– an SSL certificate on the Internet shop websites, where Personal data is provided.
X. LIABILITY OF THE SELLER.
The Seller is not responsible for consequences resulting from the Consumer placing an Order which is improper, inconsistent with the Regulations, or especially one that was made by improper filling of the registration or order form.
If any provisions of these Regulations shall be deemed unlawful, void or unenforceable, such provision will be treated as non-proprietary and at the same time will not affect the validity, effectiveness and enforceability of any other provision of the Regulations. Such illegal, invalid or unenforceable provision shall be replaced by a valid provision, which most closely reflects the economic purpose of the provisions deemed illegal, invalid or unenforceable.
XII. CONTACT DETAILS.
C.K. NORWIDA 1/6
58-500 JELENIA GÓRA