Website and Online Store Terms and Conditions
These Terms and Conditions define the rules for using and providing sales services through the website of the online store operating under the domains: bozenajastrzebska.pl and bozenajastrzebska.com. It is a document required under Article 13 of the Act of May 30, 2014, on consumer rights (Journal of Laws 2014, item 827).
Owner and administrator of the store:
The owner and administrator of the store is Bożena Jastrzębska, conducting artistic activity, located at: ul. Nagietkowa 24, 81-589 Gdynia, email: office@bozenajastrzebska.com.
§ 1 Definitions
- Terms and Conditions – these Terms and Conditions of sale using remote communication means and providing services electronically. In terms of services provided electronically, these Terms and Conditions are the regulations referred to in Article 8 of the Act of July 18, 2002, on providing services electronically;
- Customer – a natural person who has reached the age of 18, as well as a legal person who has placed an Order or uses other services of the Online Store;
- Seller/Service Provider – Bożena Jastrzębska, conducting artistic activity, located at: ul. Nagietkowa 24, 81-589 Gdynia;
- Party – the Seller or the Customer;
- Online Store (hereinafter "Store") – the internet service available under the domains bozenajastrzebska.pl and bozenajastrzebska.com, through which the Customer can place Orders;
- Goods – a work of art, in particular a painting by Bożena Jastrzębska, being the subject of the Sales Agreement;
- Registration – a free, voluntary, and one-time action of creating an Account by the Customer, done using the administrative panel provided by the Seller on the Store's website;
- Order – a declaration of the Customer's will constituting an offer to conclude a Sales Agreement with the Service Provider, directly aimed at concluding a Sales Agreement at a distance through the Online Store, specifying the type and number of Goods being the subject of the Sales Agreement.
§ 2 Obligations of the Parties
- The Customer is obliged to use the Services offered by the Seller in a manner consistent with the laws applicable in the territory of the Republic of Poland, the provisions of these Terms and Conditions, and to not provide content prohibited by generally applicable laws.
- The Seller is obliged to deliver the Goods to the Customer no later than thirty days from the day of concluding the Sales Agreement unless the Sales Agreement specifies otherwise (e.g., a different delivery time of the Goods is indicated in the description of the Goods) and the Customer is informed about this fact before concluding the Sales Agreement.
§ 3 Orders
The Customer may place Orders through the Online Store. Registration and setting up a Customer Account are not required to place an Order. To conclude a Sales Agreement for Goods at a distance through the Online Store, it is necessary to set up a Customer Account, select the Goods available in the Store, and place an Order along with specifying the delivery location of the Goods, following the subsequent messages displayed to the Customer. Placing a binding Order is possible after accepting the Terms and Conditions. Placing an Order constitutes an offer to conclude a Sales Agreement for Goods, within the meaning of the Civil Code, submitted to the Seller by the Customer. After placing an Order, the Customer receives a summary of the order on the Online Store page and at the email address provided during the Order placement, which is a confirmation of the Order being received by the Store, containing the final confirmation of all essential elements of the Order. Upon receiving the confirmation mentioned in item 6 above, a Sales Agreement is concluded. The execution of the Order occurs after the payment from the Customer has been credited to the Seller's account. The Customer is informed about the change of the Order status via email. With each order, the Customer receives a purchase confirmation. The Customer has the right to cancel or change the Order at any time before its execution, i.e., before the Goods are dispatched. To cancel the Order, the Customer should immediately contact the Seller by sending a resignation information to the email address: office@bozenajastrzebska.com
§ 4 Prices, Payments, and Delivery of Goods
The prices of the Goods are gross prices and are given in Polish zlotys. The Customer has the option to make payments for the Goods in the following ways:
- Secure immediate online transfer;
- Bank transfer to the Seller's bank account. In the case of payment by bank transfer chosen by the customer, the order processing time is counted from the day the Seller's bank account is credited. The Customer is obliged to make payment for the ordered Goods within 3 working days from the date of its conclusion. The Order for the Goods will be forwarded for execution (shipment) immediately after the conclusion of the Sales Agreement, whereas in the case of payment by bank transfer, the term will be counted from the day of crediting the payment for the Goods to the Seller's bank account. The shipment of the Goods will take place no later than within 2 working days from the day the payment is credited. The Service Provider delivers the ordered Goods via Poczta Polska S.A. or a courier company. Delivery usually takes 1-2 working days. The delivery costs are indicated when placing the Order. For the effective execution of the Order, the Customer is obliged to provide all necessary data enabling its execution. Upon receipt of the parcel with the Goods, the Customer should check the condition, completeness, and compliance of the contents with the Order.
§ 5 Customer's Right to Withdraw from the Agreement (Return of Goods)
The Customer may withdraw from the Sales Agreement concluded at a distance without stating a reason by submitting an appropriate written statement within 14 (fourteen) days, the term being counted from the day the Customer takes possession of the Goods. To meet the deadline, it is sufficient to send the statement before its expiry to the Seller's address. In the event of withdrawal from the Sales Agreement concluded at a distance, the agreement is considered not concluded. The Customer is obliged to return the Goods to the Seller immediately, but not later than 14 days from the day of withdrawing from the Sales Agreement. To meet the deadline, it is sufficient to send back the Goods before its expiry.
§ 6 Seller's Obligations (Return of Goods)
The Seller is obliged to immediately, no later than within 14 days from the day of receiving the Customer's statement of withdrawal from the Sales Agreement, return all payments made by the Customer, including the costs of delivering the Goods. The Seller makes the refund using the same method of payment used by the Customer unless the Customer has expressly agreed to a different method of return that does not involve any costs for him.
§ 7 Complaints - Warranty for Physical Defects of the Goods
A physical defect consists of the non-compliance of the sold Goods with the Sales Agreement. Complaints can be submitted in writing to the Seller's correspondence address or by email. The Seller commits to consider each complaint within 14 days from the date of receiving the returned Goods.
§ 8 General Conditions of Using the Store
The Seller provides services through the Online Store such as presenting the Store's offer and the possibility of placing Orders for Goods. Using the Store requires having a device with Internet access and a web browser. The Seller uses cookies to collect information related to the use of the Store's service by the Customer.
§ 9 Dispute Resolution
Any disputes arising between the Seller and the Customer will be submitted to the competent courts in accordance with the provisions of the applicable law.
§ 10 Personal Data
The personal data of Customers are processed by the Seller for the purpose of executing the Sales Agreement, taking into account the legal provisions in this area. The Seller is the administrator of personal data. Every Customer has the right to access their personal data and the right to update them.
§ 11 Final Provisions
In matters not regulated by these Terms and Conditions, the generally applicable legal provisions shall apply. The Customer can access the Terms and Conditions at any time and free of charge via the link posted on the main page of the Store. The Seller reserves the right to make changes to the Terms and Conditions for important reasons.