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Terms and Conditions

REGULATIONS OF THE INTERNET SHOP
Piernikomania Martyna Krawiec





1. GENERAL PROVISIONS


1. online store Piernikomania Martyna Krawiec, operating under the address: piernikomania.com.pl, is led by Martyna Krawiec, with headquarters at: Górnicza 2/225 Street, 60-107 Poznań, Poland, operating under the NIP number: 6112547758, REGON number: 301493567.

(2) These Regulations of the online store determine the principles of making purchases in the online store Piernikomania Martyna Krawiec and, in particular, the principles and procedure for the conclusion of distance sales contracts through the Store, as well as the procedure for complaints and the procedure for withdrawal from the contract by the Consumer.

(3) With respect to Services provided electronically, these Regulations are the regulations referred to in Article 9 of the Act on Provision of Services by Electronic Means of July 18, 2002 (i.e. Journal of Laws of 2020, item 344, as amended).

(4) The Regulations are addressed to all Customers of the Store. All Customers are obliged to familiarize themselves with the provisions of the Regulations, before making a purchase.

(5) Each Customer shall be obliged to comply with the provisions of the Regulations. Sales shall be made on the basis of the version of the Regulations in force at the time of placing an order.

(6) Each Customer has the opportunity to become familiar with the Terms and Conditions at any time by clicking on the hyperlink "Store Regulations" on the website of the Gingerbread Shop at piernikomania.com.pl. The Regulations can be downloaded and printed at any time.

(7) All information contained on the website of the Store piernikomania.com.pl relating to products (including prices), do not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964. (i.e., Journal of Laws of 2020, item 1740, as amended), but an invitation to conclude a contract, within the meaning of Article 71 of the Civil Code of April 23, 1964 (i.e., Journal of Laws of 2020, item 1740, as amended). The Customer, by sending the Order Form, makes an offer to purchase the indicated Goods for the price and under the conditions specified in the description.


2 DEFINITIONS


Regulations- this set of regulations organizing the rules of use of the Store's Services by Customers.

Consumer(contracts concluded before January 1, 2021) - a natural person making a civil law contract through the Store, not directly related to his/her business or professional activity.

Consumer(contracts concluded from January 1, 2021) - the following are considered to be Consumers:

  • a natural person making a civil law contract through the Store, not directly related to his/her business or professional activity - the so-called "Consumersensu stricto"

and

  • a natural person entering into a civil law contract through the Store, directly related to his/her business, when the content of the contract indicates that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity - the so-called "Entrepreneur on the rights of the Consumer".

For the purposes of these Regulations, it is assumed that in the absence of a distinction between the two groups of entities indicated, the Regulations refer to both Consumers sensu stricto and Entrepreneurs on the rights of Consumers.

Customer- a natural person (including a Consumer) who is at least 13 years old (provided that he/she has obtained the consent of the statutory representative), a legal person and an organizational unit that is not a legal person, to which special regulations grant legal capacity, who uses the Services provided by the Shop.

Order Form- a Service available on the Store's website, by means of which the Customer may make a purchase, in particular by adding Goods to the Basket and specifying certain terms and conditions of the Sales Agreement, including the method of delivery and payment.

ShoppingCart- an element of the Store where the Goods selected by the Customer are visible, and where the Customer can determine and modify the details of the Order, including the quantity of the purchased Products.

Store- Internet service belonging to the Seller, available under the domain: piernikomania.com.pl, through which the Customer may purchase Goods from the Seller.

Seller- Martina Krawiec with headquarters at: Górnicza 2/225 Street, 60-107 Poznań, who, conducting his commercial or professional activity, offers sales through his website.

Goods- a movable thing traded between the Store and the Customer, the terms of sale of which are specified in the Order Form.

Contract ofsale - a contract of sale of Goods at a distance concluded by the Customer through the Store, usually through the Order Form.


3. ACCEPTANCE AND PROCESSING OF ORDERS


(1) A prerequisite for using the Store is reading and accepting these Regulations. By placing an order the Customer accepts the content of the Regulations.

(2) Orders from Customers are accepted by sending an Order Form, made through the website: piernikomania.com.pl or by e-mail to office@piernikomania.com.pl, 7 days a week, 24 hours a day.

3. Ordering of the Goods is carried out by selecting the Goods in which the Customer is interested, clicking on the "ADD TO CART" button, located next to the description of the Goods, and then, from the "CART" level, located in theStore tab, filling out the Order Form, including selection of the form of delivery and payment or selection of the payment on delivery option, if available for the selected Goods, and then clicking on confirmation of purchase.

(4) Entrepreneurs, recognized as so-called Entrepreneurs on the rights of consumers (see the definition of "Consumer" in these Regulations), entering into contracts after January 1, 2021, will have to indicate, already at the time of ordering the Goods, that the purchase is not of a professional nature for them.

(5) After placing an order, the Customer shall receive a confirmation of the placed order to his e-mail address, provided in the Order Form.

(6) After the Customer receives the confirmation of acceptance of the offer, the process of order processing by the Seller begins, whereby:

a. in the case of placing an order payable on delivery - it begins at most on the next working day, after its confirmation by the Seller.

b. in the case of placing an order paid by traditional transfer - begins after the payment for the order placed is credited to the Store's bank account.

7.Orders placed in the Store are processed during the working hours of the Store (on working days, Monday through Friday, from 8:30 a.m. to 3:30 p.m. Orders placed on working days after 3:30 p.m., on Saturdays, Sundays or holidays, will be processed on the next working day.

(8) The Customer will receive a message about acceptance of the order for processing, which is understood as the Seller's statement of acceptance of the offer. At the moment of its receipt, by the Customer, the Contract of Sale is concluded.

9. a VAT receipt is issued for each order. At the request of the Customer, a VAT invoice will also be sent.

10th The available means of communication between the Customer and the Store is: e-mail - office@piernikomania.com.pl.

(11) The price specified in the order is the total value that the Customer is obliged to pay (gross price). It includes due tax The cost of delivery is not included in the price, as it depends on the method of delivery of the purchase chosen by the Customer.

(12) The Seller reserves the right to change prices found in the Store, to introduce new Goods for sale, to carry out and cancel promotional actions, or to make changes to them, in accordance with applicable law.

(13) If the Consumer is required to pay more than the agreed price, described in the preceding paragraph, the Shop shall immediately inform the Consumer about this fact, explaining the reason for the price difference. Charging the Consumer with additional costs will be made only after obtaining the express consent of the Consumer.


4. DELIVERY AND TRANSPORTATION COSTS


(1) The shipment of the order in the Store is carried out via:

parcel machine

courier

(2) Orders placed in the Store are processed only on working days. Orders placed on Saturdays, Sundays and holidays will be fulfilled on the nearest working day.

(3) The waiting time for delivery is usually: 14 working days. The waiting time consists of the processing time of the order, i.e. the completion of the Goods for the order and the expected delivery time, which is from 24 hours, in the case of Poland.

(4) The Seller is not responsible for delays caused by the carrier.

(5) During receipt of the shipment delivered by the courier, the Customer should in his presence carefully check the content and completeness of the shipment, the condition of the outer packaging and the condition of the ordered Goods. In case of damage to the shipment, the Customer should draw up a damage report with the courier, in two identical copies signed by the Customer and the courier.

(6) It is possible to collect the ordered Goods in person at the Stationary Store, at: Górnicza 2/225 Street, 60-107 Poznań.


5. PAYMENT PROCESSING


(1) Within the operation of the Store, the following payment methods are possible:

1. BLIK;

2. by bank transfer, to the bank account - 39 1140 2004 0000 3302 6986 8452;

3. quick online payments Przelewy24;

4. by credit card;

2. the Customer who has chosen the option of payment by bank transfer is obliged to pay for the order, within five (5) working days, from the date of placing the order. Otherwise, the Seller's offer is not binding and the order is removed from the system. In the title of payment, it is sufficient to provide only the number of the order being placed. It is possible to extend the deadline for payment, with prior notification of the Store staff.

3.The operator of payment cards and fast transfers is PayPro SA Settlement Agent, ul. Kanclerska 15, 60-327 Poznan, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.


6 COMPLAINT


(1) The Seller shall be liable under the warranty for physical and legal defects of the Goods, to the extent specified in Article 556 and subsequent articles of the Civil Code Act of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended).

(2) A physical defect of the Goods consists in non-compliance of the sold Goods with the contract, which occurs when:

  • The Goods do not have the properties they should have due to the purpose of the contract, resulting from the circumstances or purpose;

  • The Goods do not have the properties that the Seller assured the Customer of;

  • The Goods are not suitable for the purpose about which the Customer informed the Seller at the conclusion of the contract, and the Seller did not object to such purpose;

  • The Goods have been delivered to the Customer in an incomplete state.

(3) A legal defect in the Goods occurs when the Goods are the property of a third party or are encumbered by the right of a third party, when the restriction on the use or disposal results from a decision or ruling of a competent authority.

(4) In the case of a Consumer, public assurances of the manufacturer or the entity that markets the Goods, within the scope of its business, or that presents itself as a manufacturer, shall be treated equally to the assurance of the Seller. However, the Seller shall not be liable when such assurances were not known to him or could not have been known to him, or when such assurances could not have influenced the Consumer's decision to conclude the sales contract, as well as when the content of such assurances was corrected before the conclusion of the sales contract.

(5) The Seller shall be liable under the warranty if a physical defect is discovered before the expiration of two years from the date of delivery of the item to the Consumer.

(6) In the case of a Consumer, if a physical defect is found before the expiration of one year from the date of issue of the Goods, it shall be presumed that the defect or its cause existed at the time of issue of the Goods.

(7) If the buyer is a Consumer, and the physical defect was discovered before the expiration of one year from the date of issue of the Goods sold, it shall be presumed that the defect or its cause existed at the time when the danger passed to the buyer.

(8) If the Goods have a defect, the Customer may make a statement to reduce the price or withdraw from the contract, unless the Seller immediately replaces the defective Goods with defect-free Goods or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the Goods with defect-free or remove the defect.

(9) If the Goods have a defect, the Customer may also demand that the Goods be replaced with a defect-free one or that the defect be removed.

(10) The Consumer may, instead of the removal of the defect proposed by the Seller, demand replacement of the Goods with defect-free Goods, or instead of replacement of the Goods demand removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the manner proposed by the Seller.

(11) The Consumer may not withdraw from the contract if the defect is insignificant.

12. complaints regarding the Goods, may be reported:

a. in writing, to the address of the registered office of the Seller;

b. by e-mail, to the e-mail address indicated in the confirmation of the Order.

13 The complaint should include:

a. Data of the person making the complaint (name and surname, mailing address, optionally - e-mail address and contact telephone number);

b. indication of the reason for the complaint and the content of the request;

c. number of the Order, appearing in the confirmation of acceptance of the Order;

d. the original or a copy of the proof of purchase (e.g. receipt or invoice) may facilitate the filing of a complaint, but is not necessary for its filing.

14. the Customer, exercising warranty rights, shall deliver the defective Goods, at the Seller's expense, to the address: Górnicza 2/225 Street, 60-107 Poznań.

(15) The Seller shall respond to the complaint within fourteen (14) days from the date of its receipt.

(16) If the complaint is justified, the Seller undertakes to replace the defective Goods with defect-free Goods or remove the defect within fourteen (14) days from the date of complaint by the Customer.

(17) In the case of effective withdrawal from the contract, the Seller undertakes to refund the payment within fourteen (14) days, from the date of receipt of the withdrawal from the contract, provided that the refund will not be made until the Goods are received back or the Client provides proof of their return.

(18) If the Consumer demanded replacement of the item or removal of the defect or made a statement on reduction of the price, specifying the amount by which the price is to be reduced, and the seller did not respond to this demand within fourteen (14) days, it shall be deemed that the demand was justified.

(19) A claim for removal of a defect or replacement of the Goods with defect-free Goods shall be time-barred at the expiration of one (1) year from the date of discovery of the defect. In the case of a Consumer, the period of limitation shall not end before the expiration of two (2) years.

(20) The above provisions do not exclude the possibility of the Seller to provide a warranty for the purchased Goods, which is provided for in separate warranty regulations.


7. RIGHT OF WITHDRAWAL


(1) In accordance with the Law on Consumer Rights of May 30, 2014. (i.e. Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the contract of sale of the Goods purchased from the Store, without stating a reason, by submitting an appropriate statement in writing, within fourteen (14) days, counting from the date of delivery of the Goods (i.e. from the date of receipt of the Goods by the Consumer). It is sufficient for the Consumer to keep this deadline by sending the statement, before its expiration.

(2) The Consumer may withdraw from the contract by submitting to the Seller a statement of withdrawal from the contract. A model statement is attached as Appendix No. 1 to these Regulations.

(3) The statement of withdrawal from the contract should be sent to the address: 2/225 Górnicza Street.

(4) The consumer shall return the Goods to the Seller within fourteen (14) days from the date on which he withdrew from the contract. To meet the deadline it is sufficient to return the Goods before its expiration.

(5) Return of Goods should be made to the address of the Seller: 55 Przemysłowa Street 61-564 Poznań.

6th The Seller shall, within fourteen (14) days from the date of receipt of notice of withdrawal from the contract, return to the Consumer all payments made by him, including the cost of delivery of the Goods, but the return of payments will not take place until the Goods are received back or the Consumer provides proof of their return.

(7) The Seller shall refund the payment using the same method of payment used by the Consumer.

(8) The Consumer shall bear the cost of returning the Goods to the Seller.

(9) The right of withdrawal from the Sales Contract shall not be granted to the Consumer with respect to the contract:

  • in which the subject of performance is a non-refabricated thing, manufactured to the Consumer's specifications or serving to meet his individualized needs;

  • in which the subject of the performance is an item subject to rapid deterioration or having a short shelf life;

  • in which the subject of the performance is an item supplied in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;

  • in which the subject of the performance are things that after delivery, due to their nature, become inseparably connected with other things;

  • in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;

  • for the supply of newspapers, periodicals or magazines, except for a subscription contract;

  • in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the expiration of the deadline for withdrawal from the contract;

  • for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal;

10. the right of withdrawal from a contract concluded remotely is not granted to an entity other than the Consumer, in the sense adopted for the purposes of these Regulations (see definition of "Consumer").


8. OUT-OF-COURT DISPUTE RESOLUTION


(1) In the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among others:

  • Mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.

  • Assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.

  • Free assistance of the municipal or district consumer ombudsman.

  • The online ODR platform available at: http://ec.europa.eu/consumers/odr/.

(2) This chapter entitled "Out-of-court dispute resolution" is not applicable to one category of persons described in these Regulations as Consumers, the so-called "Entrepreneurs on consumer rights", which came into force for contracts concluded from January 1, 2021. In view of this, for all contracts, the chapter applies only to entities belonging to the so-called category of Consumer sensu stricto.


9. PERSONAL DATA PROTECTION


(1) The Customer, by placing an order, agrees to the processing, provided by him, of personal data, for the purpose of carrying out and servicing the order, by the Seller, who is also the administrator of personal data, within the meaning of Art. 7 of 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 (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1-88.

(2) The administrator of personal data, provided by the Customer, when using the Store, is the Seller.

(3) Personal data, located in the database of the Seller, shall not be transferred to entities that do not participate in the implementation of the Sales Contract.

4. the Customer, in accordance with Article 15 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016. on the protection of natural persons with regard 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), OJ L 119, 4.5.2016, p. 1-88, has the right to access his personal data, may request their correction or deletion. The Seller shall provide each Customer with the right to control the processed personal data.

(5) Provision of personal data is voluntary, however, lack of consent to the processing of personal data prevents the execution of the Customer's order.

(6) Detailed information on personal data and privacy protection are included in the "Privacy Policy" tab on the Store's website.


10. FINAL PROVISIONS


(1) The Rules and Regulations set out the principles for the conclusion and performance of a Sales Contract for the Goods found on the Store's website.

(2) The contract of sale is concluded between the Customer and the Seller.

(3) The Regulations are available to all customers in electronic form on the website of the Store piernikomania.com.pl.

(4) In order to use the Services of the Store, it is necessary to have equipment that allows access to the Internet and a web browser that allows the display of web pages, as well as to provide an e-mail address to send information, concerning the implementation of the order.

(5) It is prohibited for all persons, including customers, to post illegal content on the Store's website.

(6) In matters not covered by these Regulations, the relevant provisions of generally applicable law shall apply.

(7) The Regulations do not exclude or limit any of the rights of the Customer, who is a Consumer, to which he is entitled under mandatory provisions of law. In the event of a contradiction between the provisions of the Regulations and the mandatory provisions of law granting rights to consumers, the provisions shall prevail.

(8) In the event that any provision of these Terms and Conditions is or should become invalid or ineffective, the validity of the entire Terms and Conditions for the remainder shall not be affected. In such a case, the Parties shall replace the invalid or ineffective provision with another provision that reflects the intended economic purpose as closely as possible. Accordingly, this also applies to any gaps in the Terms and Conditions.



Appendix 1: Form for withdrawal by a Consumer stricto sensuand an Entrepreneur on the rights ofa Consumerfrom a concluded contract


City: ___________, on: __________ r.

Consumer/Entrepreneur on the rights of the Consumer:

Name: ________________

Address: ________________

E-mail: ________________

Tel: ________________

Entrepreneur:

Name: Piernikomania Martyna Krawiec

Address: ul. Przemysłowa 55 61-564 Poznań





FORM OF WITHDRAWAL BY A CONSUMER OR ENTREPRENEUR ON THE RIGHTS OF A CONSUMER
FROM A CONTRACT FOR THE PROVISION OF SERVICES




Hereby, acting pursuant to Article 27 of the Consumer Rights Act of May 30, 2014. (i.e. Dz.U. of 2020, item 287, as amended), as amended:



Article 27 of the Law on Consumer Rights

A consumer who has concluded a contract at a distance or off-premises may withdraw from the contract within 14 days without stating a reason and without incurring costs, except for the costs specified in Article 33, Article 34(2) and Article 35.



I inform about withdrawal from the contract, concluded on _______________, consisting in:


______________________________________________________________________


______________________________________________________________________


______________________________________________________________________


In connection with the above, I kindly request a refund of the following monetary amount, resulting from the withdrawal from the contract: ______ PLN (in words: _________________________________), which should be transferred to the following bank account number: _________________________.






With best regards,





__________________

(handwritten signature of the Consumer/Entrepreneur on the rights of the consumer)