Terms and conditions of the online store
Monika Rogowicz Studio online store, available at the internet address www.monikarogowicz.com, is run by Monika Rogowicz.
hese terms and conditions are addressed to Consumers and define the rules and procedure for concluding a Distance Sale Agreement with the Consumer via the Store.
Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
Seller – a natural person selling products on the website www.monikarogowicz.com
Customer – each entity making purchases through the Store.
Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.
Store – an online store run by the Seller at the Internet address www.monikarogowicz.com
Distance contract – contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
Regulations – these Store regulations.
Order – the Customer’s declaration of will submitted via the Order Form and aimed directly at concluding the Product Sales Agreement or Products with the Seller.
Account – customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store.
Registration form – a form available in the Store that allows you to create an Account.
Order form – an interactive form available in the Store that allows you to place an Order and define the terms of the Sales Agreement, including the method of delivery and payment.
Shopping Cart – an element of the Store’s software in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
Product – a movable item / service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
Sales Agreement – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – according to the features of the Product – a contract for the provision of services and a contract for specific work.
Contact with the Store
Seller’s e-mail address: email@example.com
To use the Store, including viewing the Store’s assortment and placing orders for Products, you must:
a.terminal device with access to the Internet and a web browser
b. an active e-mail account (e-mail),
c. cookies support enabled,
d. FlashPlayer installed.
The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
The prices given in the Store are given in Polish zlotys and are gross prices (including VAT).
The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store’s website when placing the Order, including when expressing will to be bound by the Sales Agreement.
Rules for placing an Order
In order to place an Order:
Select the Product that is the subject of the Order
Fill out the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select / enter the type of shipment (method of delivery of the Product), enter the invoice details, if different from the recipient’s details,
Send the form, wait for the confirmation e-mail from the Seller.
Pay for the order within the specified period, subject to § 8 point 3.
Delivery and payment methods offered
The Customer may use the following methods of delivery or collection of the ordered Product:
a. Courier, cash on delivery,
b. Pickup in person in Warsaw
The customer, depending on the selected product, may use the following payment methods:
a. Payment on delivery
b. Cash on delivery
c. Payment by bank transfer to the Seller’s account
Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.
Execution of the sales contract
The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
If the Customer chooses:
a. payment by bank transfer, the Customer is obliged to make the payment within 5 calendar days from the date of the Sale Agreement – otherwise the order will be canceled.
b. payment on delivery upon delivery, the Customer is obliged to make the payment upon delivery.
c. cash payment upon personal pickup of the shipment, the Customer is obliged to make the payment upon receipt of the shipment within the time of product receipt agreed by the parties.
If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
A. In the case of ordering Products with different delivery dates, the delivery date is the longest given date.
B. In the case of ordering Products with different delivery times, the Customer has the option of requesting delivery of the Products in parts or delivery of all Products after completing the entire order.
The beginning of the period of delivery of the Product to the Customer is counted as follows:
a. If the Customer chooses the method of payment by bank transfer, from the date of crediting the Seller’s bank account.
b. If the Customer chooses the method of payment on delivery – from the date of concluding the Sale Agreement.
c. If the Customer selects a personal Product collection, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer’s e-mail address provided when placing the Order.
In the case of ordering Products with different terms of readiness for collection, the Customer has the option of collecting the Products in parts (depending on their readiness for collection) or collecting all Products after completing the entire order.
The beginning of the period of the Product’s readiness for collection by the Customer is counted as follows:
a. If the Customer chooses the method of payment by bank transfer – from the date of crediting the Seller’s bank account.
b. If the Customer chooses cash on delivery – from the day of concluding the Sale Agreement.
The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the “Delivery costs” tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
Personal collection of the Product by the Customer is free of charge.
The right to withdraw from the contract
The consumer may withdraw from the Sales Agreement within 14 days without giving any reason. Exception – see point 10.
The running of the time limit specified in sec. 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.
In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, batch or part.
The consumer may withdraw from the Agreement by submitting to the Seller a declaration of withdrawal from the Agreement. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
The statement should be sent electronically by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in § 3.
In the event of sending the statement by the Consumer by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.
Consequences of withdrawal from the Agreement:
a. In the event of withdrawal from a Distance Agreement, the Agreement shall be deemed not to have been concluded.
b. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, except for additional costs resulting from the Consumer’s choice a delivery method other than the cheapest usual delivery method offered by the Seller.
c. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.
d. The Seller may withhold the reimbursement until the Product is received back or until proof of its return is provided to him, whichever occurs first.
e. The consumer should return the Product to the address indicated by the Seller no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
f. The consumer bears the direct costs of returning the Product, including the costs of returning the Product, if, due to its nature, the Product could not be returned by regular mail.
g. The consumer is only responsible for the reduction in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
a.in which the subject of the service is an item manufactured to order / according to the Consumer’s specification or serving to satisfy his individual needs,
b.for delivery of digital files sent to the Consumer by e-mail.
Complaint and warranty
The Sales Agreement covers new Products.
The Seller is obliged to provide the Customer with an item free from defects.
In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code.
Complaints should be submitted electronically to the Seller’s e-mail addresses provided in these Regulations.
It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the customer submitting the complaint, and the customer’s request in connection with the defect of the goods.
The Seller will respond to the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s request was considered justified.
Goods returned as part of the complaint procedure should be sent to the address provided by the Seller by e-mail in response to the Customer’s complaint.
If a guarantee has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.
Out-of-court ways of dealing with complaints and redress
Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, voivodship Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php http://www.uokik.gov.pl/sprawy_indywidualne.php http: // www. uokik.gov.pl/wazne_adresy.php.
The consumer has the following exemplary possibilities of using out-of-court complaint and redress procedures:
a. The consumer is entitled to apply to a permanent amicable consumer court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
b. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
c. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
Personal data in the Online Store
The administrator of personal data of Customers collected via the Online Store is the Seller.
Customers’ personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
The recipients of personal data of the Customers of the Online Store may be:
a. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
The customer has the right to access their data and correct them.
Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.
Agreements concluded through the Online Store are concluded in Polish.
The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the Act on Consumer Rights, the Act on the Protection of Personal Data.
The customer has the right to use extrajudicial means of dealing with complaints and redress. For this purpose, he may submit a complaint via the EU ODR internet platform available at: http://ec.europa.eu/consumers/odr/.