Regulations of the store Ewa Mrochen Jewellery
Regulations of the online store Www.ewamrochen.com
§ 1
Definitions contained in the Regulations
The following dates (in alphabetical order) written in capital letters are important in accordance with the following definitions:
Business day or Working days - day (days) of the calendar week from Monday to Friday, excluding public holidays as free from work.
Registration form - electronic form available as part of the website at the following address: https://ewamrochen.com/konto/rejestracja, enabling the user to create an account.
Order form - electronic form available as part of the website, enabling the customer to place an order.
Client - A user who intends to conclude or concluded a sales contract.
Civil Code - Act of April 23, 1964 - Civil Code (consolidated text: Journal of Laws of 2020, item 1740 as amended).
Consumer - a user who is a natural person who performs with the seller a legal act not directly related to his business or professional activity (in accordance with Article 221 Civil Code).
Account - marked with an individual name (login) and an individual access password, a set of resources on the Seller's IT website, in which the user's data is collected and stored, including information on orders and concluded sales contracts.
Newsletter - an electronic newsletter developed by the seller cyclically and covering information, content, photo or film materials regarding products, including the store or website presented in the store, as well as trends and directions of development in the jewelry, artistic or related industry, as well as commercial information regarding the seller, sent by the seller to users who made the provision to the newsletter.
Privacy policy - document entitled "Privacy Policy and Online Cookies www.ewamrochen.com"Covering the seller's information clause regarding the processing of Users' personal data by the Seller referred to in art. 13 and 14 GDPR, made available by the Seller on the Website at the following address: https://ewamrochen.com/strona/polityka_prywatnosci-2.
Product or Products -available (-E) in the store (-y) movable (-E), which is (-E) the subject of the sales contract.
Entrepreneur with consumer rights - a customer who is a natural person conducting business activity on the basis of an entry in the Central Register and Information on Economic Activity (CEIDG), placing an order or concluding a sales contract directly related to his business activity, when the content of the sales contract shows that it does not have a professional character resulting in particular from the subject of his business activity provided on the basis of the provisions on the provisions on the Central Register and Information on economic activity (CEIDG).
Statute - this document entitled "Online store regulations www.ewamrochen.com", Made available by the Seller on the Website at the following address: https://ewamrochen.com/strona/regulamin_sklepu_ewa_mrochen.
GDPR - Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of individuals in connection with the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (general regulation on the protection of personal data).
Website - website, under which the store is run by the Seller, operating at the following address www.ewamrochen.com.
Store - Online store, which presents products run by the Seller as part of the website.
Seller – Ewa Mrochen performing business activity under the company: Ewa Mrochen Jewellery - Ewa Mrochen, entered in the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG), address for service: ul. Michał Bałuckiego 10, 02-604 Warsaw, NIP: 7561040762, REGON: 531353842, e-mail address (e-mail): kontakt@ewamrochen.com, telephone number: +48 888 801 108, running the store and administering the website.
Sales contract or Sales contracts -contract (-Y) of the sale of a product or products, concluded (-E) between the customer and the seller within the store via the website.
Service Electronic or Electronic services -service (-E) provided electronically by the Seller to the User via the Website, within the meaning of the Act on the provision of the Act on the provision of electronic services, namely: information service, search service, my wish list service, transaction service, account service, opinion service, as well as Newsletter service, described in detail in § 14 of the Regulations.
Act on Copyright and Related Rights - Act of February 4, 1994 on copyright and related rights (consolidated text: Journal of Laws of 2019, item 1231 as amended).
Consumer Rights Act - Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2014, item 827 as amended).
Act on the provision of electronic services - Act of July 18, 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2020, item 1204, as amended).
User or Users -physical (-E) person (-E), legal person (-E) or organizational (-E) unit (-E) without legal personality, whose (-YM) Act grants legal capacity, using (-E) from the electronic service.
Order - Customer's declaration of will constituting an offer to conclude a sales contract, submitted using the order form.
§ 2
General rules for using the store and the website
- The store and website operates on the terms set out in the provisions of the Regulations.
- The Regulations specify the conditions for concluding and performing sales contracts, including the terms of payment of the sale price by the Customer, the conditions for delivering the ordered products to the customer, the conditions for concluding and performing contracts for the provision of electronic services, the procedure of complaint procedure, including the warranty for product defects, as well as the principles of withdrawal from the Sales Agreement by the consumer and the entrepreneur on consumer rights.
- Each user, when you take steps to use electronic services or conclude a sales contract, is obliged to read the provisions of the Regulations and to comply with them, as well as to read the Privacy Policy, which documents are made available by the Seller as part of the Website. The seller enables free access to the content of the above documents, including in a form enabling them to be downloaded, saved on any medium, fixation and printing.
- The basic technical conditions necessary to use by the user from electronic services is to have:
- computer or other device (laptop, tablet, smartphone, etc.) with internet access;
- access to e -mail;
- web browser; and also
- Turning on a cookie and javascript in the web browser.
In addition, when using electronic services, due to the threats resulting from the use of the Internet and connecting devices with the Internet, the seller recommends that the user has updated anti -virus software installed on the device.
5. The user is obliged to use the store and the website in a manner consistent with the law and decency, having regard to respect for personal rights and intellectual rights of third parties. In particular, there is a ban on providing unlawful content, e.g. content of slander, offensive, abusive, indecent, obscene or being a threat, propagating violence, defamatory or violating personal rights and other rights of third parties, including any intellectual property rights or a commitment to keep a secret.
6. The User is authorized and obliged to use the Store and Website for its intended purpose. The User undertakes not to take any actions that could affect the proper functioning of the Store or Website, in particular to any interference in the contents of the Store or Website, including in the accounts of other users, or in its technical elements, to provide false data, or using someone else's payment instruments or financial funds to make purchases.
7. The seller has the right to place marketing, advertising or promotional content on the website.
8. The Seller reserves the possibility of periodic and cyclical breaks in the operation of the website and the store in order to perform the necessary technical activities related to the functioning of the website and the store, introduce necessary changes, including improvements, the functionality of the website and the store, or the repair of possible difficulties in the functioning of the website and the store in the event of their appearance (so -called "service windows"). The seller will inform users on the website about such breaks in action in advance.
§ 3
Contact with the seller
Contact with the seller can be obtained:
- on the phone number: +48 888 801 108 on business days between 12.00 and 16.00 (a connection fee for a local connection or according to the mobile operator) or
- using the e -mail address: kontakt@ewamrochen.com or
- With the help of an electronic contact form available on the website in the "Contact" tab after the following address: https://ewamrochen.com/strona/kontakt or
- Traditional mail to the address of the seller's seat (ul. Michał Bałuckiego 10, 02-604 Warsaw).
§ 4
Product information
1. The store conducts retail products via the website and the Internet, in Poland and in other European Union countries.
2. The products presented in the store are new, free from physical and legal defects and have been legally introduced to the Polish market.
3. Photos or other forms of visualization of products posted on the website are photos taken independently by the seller by the seller or professional photographers operating at the request of the seller, and may also perfectly not reflect the real appearance of the products, in particular in terms of the colors of the presented products, as well as their size. Therefore, they are only informative, which the client acknowledges and accepts along with the acceptance of the provisions of the Regulations. For minor discrepancies between the photos posted on the website, as well as for any differences in the appearance of the product resulting from the individual monitor / screen / display display settings that the customer uses and the actual appearance of the product, the seller does not answer.
4. The information on the Store's websites does not constitute an offer within the meaning of the law. Customer, and only an invitation to submit offers with the content indicated in the product information. The customer, when choosing a product and confirmation of the will to place it by placing an order, submits the seller to buy a specific product / specific products on the terms given in its / their description and on the principles set out in the Regulations.
5. The price of the product visible on the store's website is given in Polish zlotys (PLN) and contains all the ingredients, including goods and services tax (VAT). In addition, the Seller allows you to set on the website that the prices of products are given in other currencies (euro, American dollar, British pound), as well as making payments in these other currencies.
6. Product price visible on the Store's website does not include delivery costs. Information on the total gross value (with tax on goods and services) of the order also covering the costs of shipping, is displayed after the Customer selection for the form of delivery of the order in the course of its submission in accordance with § 5 of the Regulations.
7. The price of the product visible on the Store's website is binding when the customer is placed by the customer. The seller reserves the right to change the prices of products presented on the website, introduce new products to the store, carrying out and cancel promotional campaigns as part of the store, as well as introducing changes in them. Orders placed before the date of entry into force of the price change, terms of promotional campaigns or sales will be implemented on the existing rules (except for the exhaustion of a given product, and therefore subject to § 5 (4) of the Regulations).
8. Due to the features and properties of products (jewelry), the purpose of long -term preservation of the highest quality products that are made of natural materials subject to natural consumption, as well as which is characterized by delicacy and ease of damage in the event of an inadequate and careless and careless handling or use, the seller recommends appropriate use and proper care of products, in accordance with the principles of their use and care, together with the principles of their use and care, together with the principles of their use and care Confirmation of the order referred to in § 6 para. 3 of the Regulations, as well as available on the website at the following address: Principles of jewelry use and care
§ 5
Orders
1. Orders can be placed on the Website using the order form 24 (twenty -four) hours a day throughout the year, subject to § 2 para. 8 of the Regulations. Placing an order may be related to the need to incur the costs of connecting to the Internet (a fee for sending data in accordance with the customer's operator tariff).
2. In order to place an order, the customer is not obliged to register on the website and create an account - he may place an order as a guest.
3. In order to place the order, the Customer selects the products by adding selected products to the virtual basket made available as part of the Website, selects the payment and delivery method, data necessary to issue an invoice, if the customer demands its issue and possible comments to order visible only to the seller, delivery address.
4. Placing products in a virtual basket made available as part of the website does not involve their reservation. If the number of available products is exhausted before the customer approval, the seller reserves the right to not accept the order. In particular, products in the promotion (sales) have a limited number of pieces and orders for these products will be carried out in the order in which they are influenced until the stocks of the product exhausted. At the same time, the seller reserves that the availability of products will be updated by the seller on business days on a regular basis.
5. The condition for placing the order is the Customer to read the Regulations and the acceptance of his provisions while placing the order.
6. When placing an order, the Customer may agree to receive commercial information from the Seller electronically, including the e-mail address provided by the Customer, in particular inquiries about granting the opinion about the purchased Product, Promotional Codes or discounts, which consent can be at any time withdrawal without the need for a reason. Granting the above consent is not mandatory, and thus does not constitute a condition for placing the order.
7. The process of placing the order ends, both when picking up the purchase under the account and as a guest (without registration), when the customer clicks effectively on the button: "I order and pay". Making this action means placing an order.
8. The store carries out orders placed from Monday to Friday, within 2 (two) to 4 (four) business days. Orders placed on Friday, Saturdays, Sundays and holidays will be sent the next business day at the earliest.
§ 6
Conclusion of a sales contract
1. To conclude a sales contract, it is necessary for the Customer to place an order in accordance with § 5 of the Regulations.
2. After placing the order, the Seller immediately confirms its receipt by sending a return message to the customer to the e-mail address provided by the Customer. Confirmation of acceptance of the order for implementation causes the customer to be bound by his order. In the event that only part of the order has been confirmed, then the sales contract is concluded only in relation to confirmed products. Subsequently, the Seller sends current information on the course of the order and implementation of the contract to the e-mail address provided by the Customer.
3. Confirmation of the acceptance of the order for implementation contains the information referred to in art. 12 para. 1 of the Consumer Rights Act, including in particular:
a) confirmation of all relevant elements of the order;
b) the form of withdrawal from the sales contract together with the instruction on the right to withdraw from the sales contract (in the case of a consumer or entrepreneur with consumer rights);
c) regulations;
d) Principles and care of products.
In addition, along with the above documents, the seller also sends the Customer to the current privacy policy.
4. Upon the client receives an e-mail from the Seller with confirmation of the acceptance of the order referred to in para. 3 of this paragraph, a sales contract between the Customer and the Seller is concluded.
5. Each sales contract will be confirmed by the purchase proof (fiscal receipt or invoice at the Customer's clear request, after providing all necessary data to issue an invoice), which will be sent with the Product by e-mail to the e-MAI address provided in the order. The customer agrees to issue invoices electronically.
§ 7
Payments
1. The seller provides the following payment methods:
- Payment by traditional transfer to the Seller's bank account - indicated in para. 2 of this paragraph;
- Payment via electronic payment services Przelewy24 - the operator of electronic payments is the company: PAYPRO SPÓŁKA AKCYJNA with its registered office in Poznań, address: ul. Kanclerska 15, 60-327 Poznań, entered in the register of entrepreneurs of the National Court Register by the Poznań District Court - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the KRS number: 0000347935, share capital: PLN 4,500,000.00 (fully paid), NIP: 7792369887, website: Website: website: www.przelewy24.pl, having the status of a billing agent;
- Payment by payment card - the payment card operator is the company indicated in lit. b above;
- Payment on delivery - payment is made to the hands of the DPD courier, which provides a parcel with the purchased product.
2. In the case of payment by traditional transfer, the payment should be made to the bank account number:
79 1140 2004 0000 3502 7567 2405 (mBank)
Ewa Mrochen Jewellery
ul. Michał Bałucki 10
02-604 Warsaw
NIP: 7561040762
In the title of the transfer, enter "Order No. ... ..".
3. In the case of payment via electronic payment services, the customer shall make payment before the contract is started. Electronic Service Transfers 24 run by the operator indicated in para. 1 lit. B of this paragraph, allows you to make a payment using a credit card or a quick transfer from selected Polish banks.
4. The Customer is obliged to pay the price under the Sales Agreement within 3 (three) business days from the date of its conclusion (i.e. from the date of receipt by the Customer by an e -mail from the Seller with confirmation of the contract in accordance with § 6 (2) - 4 of the Regulations), unless the Sales Agreement provides otherwise. In the absence of payment within the above date, the order placed by the Customer is canceled, and the lack of payment is understood as the client's withdrawal from the sales contract.
5. If the Customer is selected, the payment method indicated in para. 1 lit. A - c of this paragraph, the product will be sent only after it is paid, i.e. the payment of payments on the seller's bank account.
§ 7
Cost, date and ways of delivery of products
1 The seller does not provide for the possibility of personal pickup of the ordered product.
2. The order is being completed by the delivery of the ordered product to the customer. Orders are carried out by the seller in the territory of the Republic of Poland.
3. The product delivery date consists of the time of completing the Product counted from the moment of confirmation of the order by the Seller (in accordance with § 6 items 2 and 3 of the Regulations) and the time of delivery of the product by the carrier selected to the customer:
a) the time of completing the product is from 2 (two) to 4 (four) business days;
b) Product delivery by the carrier shall take place within the period declared. i.e. from 2 (two) to 7 (seven) business days, with delivery only on business days.
3
4. The seller recommends that the customer check the condition of the product or, when it is difficult, the state of the parcel (packaging) immediately after delivering the parcel in the presence of the carrier's representative. In the event of any damage that can be arisen in transport, the seller recommends that the customer draws up an appropriate damage report signed by the carrier's representative and immediately notified the seller of this fact. Performing the above actions by the Customer is not a condition for exercising the right to submit a complaint in accordance with § 9 of the Regulations.
5. The seller is not responsible for failure to provide the product for reasons attributable to the customer, e.g. in connection with the indication of an incorrect or incomplete delivery address that prevents the delivery. In such a situation, the seller will notify the customer of an unsuccessful attempt to deliver the product.
§ 8
The right to withdraw from the sales contract -
- consumers and entrepreneurs with consumer rights
1. Pursuant to art. 27 and subsequent of the Consumer Consumer Rights Act, as well as in accordance with art. 27 and subsequent in connection with art. 38a of the Consumer Consumer Act, an entrepreneur with consumer rights, may withdraw from the sales contract ("Renouncement") Within 14 (fourteen) calendar days calculated from the date of delivery of the product, i.e. from the date of the product acquisition of the product by the consumer himself or the entrepreneur on the consumer rights, or the third party indicated by them other than the carrier.
2. Withdrawal may take place without the need for a reason and without incurring costs, with the exception of the costs specified in para. 8 of this paragraph.
3. If a consumer or entrepreneur with consumer rights as part of one order purchased more than one product, withdrawal may apply to all or only the products indicated in the statement of withdrawal, with the proviso that if the product is sold as a set, set or package, withdrawal, withdrawal is possible in relation to this set, set, set or package.
4. In order to withdraw a clear statement of withdrawal, which can be made, e.g. by completing the form sent to the Customer by the Seller together with confirmation of the contract in accordance with § 6 para. 3 of the Regulations, as well as available on the website at the following address:
Link to withdraw from the contract
The form provided by the seller is not mandatory, and therefore the consumer and entrepreneur with consumer rights can use other forms or make such a statement on their own.
5. To maintain the deadline for withdrawal, it is enough to send a statement of withdrawal before its expiry to the Seller:
b) by traditional mail to the following address: Ewa Siwek-Morchen, ul. Michał Bałucki 10, 02-604 Warsaw.
The seller immediately sends the consumer or entrepreneur to consumer rights confirmation of receipt of a statement of withdrawal, electronically to the e-mail address of the departing consumer or entrepreneur with consumer rights.
6. In the event of withdrawal, the sales contract is considered reliable, and the consumer or entrepreneur with consumer rights is released from all obligations. What the parties to the sales contract provided are refundable in an unchanged state.
7. In the event of withdrawal, the departing consumer or entrepreneur with consumer rights is obliged to return the products covered by the Sales Agreement in an unchanged state, within 14 (fourteen) calendar days from the date of submitting the statement of withdrawal, by sending these products to the following address of the seller: Ewa Siwek-Mrocen, ul. Michał Bałucki 10, 02-604 Warsaw.
8. The consumer and entrepreneur with consumer rights shall be responsible for reducing the value of the product resulting from using it in a way that goes beyond the necessary character, features and functioning of the product.
9. The seller indicates that in particular such a way that goes beyond the necessary character, features and functioning of the product may be in relation to some products and ways of using them, e.g. removing the original tag, bringing visible damage to the product, including permanent wixtures, scratches, dirt or changes in the color of the materials used, indicating long -term and intensive use of the product (including soaking, bathing without prior photo and securing the product, tight the product as a result of multi -day wearing, contact with cosmetics or detergents, etc.), damage to some products (fasteners, pendants, beads, stones, etc.), tearing, cracks, loosening or bending products, etc., in particular if such use was contrary to the principles of use and care of products provided to the Customer by the Seller together with the confirmation referred to in § 6 para. 3 of the Regulations and available on the website at the following address: Jewelry care rules
10. In the event of withdrawal, the seller, within 14 (fourteen) calendar days from the date of receipt of the statement of withdrawal, will refund the consumer or entrepreneur with consumer, respectively all payments made by him, including the costs of delivery of the products, with the proviso that if the consumer or entrepreneur on the consumer chose has chosen a different than the cheapest, ordinary manner offered by the Seller as part of the store, the seller is not obliged to reimbursement to the consumer or entrepreneur as consumer rights, additional costs incurred by him. The consumer or entrepreneur with consumer rights, however, bears the direct costs of sending back products.
11. The seller recommends returning the product in person or sending it back by courier, which guarantees safe delivery of products.
12. The refund is made by the seller using the same payment method that the consumer or entrepreneur used consumer rights used, unless the consumer or entrepreneur with consumer rights clearly agreed to a different return. The seller may refrain from returning payments received from the consumer or entrepreneur with consumer rights until the product receives or provides evidence of his return, depending on which event will take place earlier.
§ 9
Product complaint (liability under the warranty)
- The seller is obliged to sell and deliver the product without physical and legal defects.
- The physical defect of the product consists in the non -compliance of the product with the sales contract, and in particular if: (i) the product does not have the properties that the product of this type should have due to the purpose marked in the sales contract or resulting from the circumstances or purpose, or (ii) the product has no properties that the seller provided, or (III) the product was issued in incomplete state. The seller is responsible for the consumer under the warranty for physical defects that existed at the time of the product release or resulted from the reason in the product sold at the same time.
- The seller reserves that the complaint is not subject to the non -compliance of the Product with the Sales Agreement consisting in mechanical damage, which is the result of incorrect use or care (including contrary to the principles of use and care of products supplied to the consumer in accordance with § 6 (3) of the Regulations), as well as the clash of goldsmiths and other changes resulting from the natural consumption of the materials from which the products were made.
- In addition, the seller declares that possible non -compliance with all descriptions, assurances and recommendations of the seller referring to the products, their selection, use and related to natural powers and the impact of natural stones or minerals on the well -being of the product user, depend only on the subjective assessment of the product user, and therefore they cannot be the subject of a complaint.
- The product has a legal defect if it is the property of a third party or is charged with a third party's right, and if the restriction in the use or disposal of the product results from the decision or decision of the competent authority.
- A declaration of submitting a complaint regarding the non -compliance of the Product with the Sales Agreement, the seller should be sent:
b) by traditional mail to the address of the seller's headquarters (ul. Michał Bałuckiego 10, 02-604 Warsaw).
- The complaint statement should describe what the product's incompatibility with the sales contract is. The seller recommends to describe the reason for the complaint as accurately as possible, or attach photos illustrating the non -compliance of the product with a sales contract, which may facilitate and accelerate the consideration of the complaint.
- In case of doubt as to the content of the complaint, the seller may ask the consumer with a request to supplement it, send additional information, photos, and even to deliver the product to the seller's address indicated in paragraph 6 lit. b) this paragraph to assess the legitimacy of the complaint, which guarantees safe delivery of products. The product may be delivered in person or by courier. The delivery of the advertised product by courier is at the expense of the consumer, however, if the complaint is taken into account, the seller will refund this cost to the consumer.
- In addition, the declaration of complaint should indicate whether the consumer demands the removal of a defect or exchange for a free from defects or reducing the price or withdrawing from the sales contract. The consumer may not withdraw from the sales contract if the defect is irrelevant.
- Attaching a receipt or invoice documenting the purchase or protocol of product damage during a parcel signed by a representative of the carrier, it is not a condition for submitting a complaint, however, the seller recommends their attachment (in the case of the above report, if it was prepared in accordance with the recommendation of the seller in § 7 (4) of the Regulations), as this may facilitate and accelerate the consideration of the complaint.
- The consumer is not entitled to request a price reduction or withdrawal from the sales contract, if the seller immediately and without excessive inconvenience to the consumer replaces the defective item for free from defects or removes the defect. This restriction does not apply if the item has already been replaced or repaired by the seller or the seller did not comply with the obligation to exchange the item for a free of defects or removing the defect.
- Instead of the defect proposed by the seller, the consumer may demand a replacement with a free item or instead of exchanging things to demand removal of the defect, unless the product to comply with the sales contract in a manner chosen by the consumer is impossible or would require excessive costs compared to the method proposed by the seller.
- The seller will respond to the consumer's complaint and inform him about the method of further proceedings, but not later than within 14 (fourteen) calendar days calculated from the date of delivery of the complaint or its supplementation in accordance with paragraph 8 of this paragraph. The response on the complaint is sent to the e-mail address provided by the consumer or in another method preferred by the consumer.
- The consumer is entitled to the opportunity to take advantage of out -of -court ways to consider complaints and pursue claims described in § 16 para. 6 - 10 regulations.
- The consumer has the right to complain of the product for the non -compliance of the product with the sales contract within 2 (two) years from the date of issuing the item directly to the consumer.
- In order to avoid doubt, it is stated that none of the provisions of the Regulations limit the consumer's rights under the provisions of applicable law in the territory of the Republic of Poland. In the event of a decision of this nature, the provisions of the law in force in the territory of the Republic of Poland apply.
- The seller's liability under the warranty against customers who are not consumers are excluded.
§ 10
Provisions regarding non -clients
Consumers or entrepreneurs with consumer rights
- This paragraph contains provisions only regarding clients who are not consumer consumers or entrepreneurs.
- The seller has the right to withdraw from a sales contract concluded with a non -consumer or entrepreneur with a consumer rights within 14 (fourteen) business days from the date of its conclusion. Withdrawal from the sales contract in this case may take place without giving a reason and does not give rise to a customer who is not a consumer or entrepreneur as a consumer rights any claims in relation to the seller.
- The seller has the right to limit in relation to customers who are not consumer consumer or entrepreneurs provided by him the methods of payment, including requiring the prepayment of part or the entire sale price, regardless of the payment method chosen by such a customer and the fact of the conclusion of the sales contract.
- The benefits and weights related to the product and the danger of accidental loss or damage to the product switch to a customer who is not a consumer or entrepreneur with consumer rights when the seller releases the product to the carrier. In such a case, the Seller shall not be responsible for the loss, loss or damage to the product arising from the moment the product is taken to transport until the customer is not issued to the customer with a consumer or entrepreneur with consumer rights, as well as for delay in the shipment.
- If the product is sent via the carrier, the customer who is not a consumer or entrepreneur with consumer rights is obliged to examine the parcel in time and in the manner adopted with such shipments. If he finds that during transport there has been a defect or damage to the product, it is obliged to perform all actions necessary to determine the carrier's liability.
- The seller may terminate the contract for the provision of an electronic service with immediate effect and without indicating the reasons by sending the user who is not a consumer or entrepreneur to consumer the statement of termination.
§ 11
Types of electronic services
The seller, as the website administrator, enables users to use the following electronic services via the website via the website:
a) information services consisting in enabling the user to display and view content contained on the website, including in particular information about the products presented in the store ("Information service”);
b) Search services consisting in enabling the user remote search, sorting and displaying the content contained on the website using a shared browser, by entering the word, a word relationship, or determining the corresponding content ("Search service”);
c) Services of "my wish list" consisting in enabling the user to add, store and view the products he selected as favorite in a dedicated window as part of the website ("My wish list service”);
d) transaction services consisting in enabling the user to place an order and conclude sales contracts ("Transaction service”);
e) Account services consisting in enabling the user to register on the Website by creating and maintaining (maintaining) the account ("Account service”);
f) opinion services consisting in enabling the user who purchased the product in the Store Placing his opinion on the purchased product (i) directly on the subpage of the online store, on which the opinion is presented, as well as (II) in a dedicated window as part of the "Opinions" website, by indicating a specific number of stars and an original verbal commentary (""Opinion service”);
g) Newsletter services consisting in enabling the user who also enrolled the service using a dedicated electronic form provided as part of the Website by providing his e-mail address, receiving electronically to the Newsletter e-mail address provided by the User ("Newsletter service”).
§ 12
Conditions for providing electronic services
1. Using electronic services is voluntary and free.
2. The contract for the provision of an electronic service is concluded when the User performs appropriate actual activities covering the entry to the Website, as well as:
a) browsing its content (information service);
b) entering the word, word relationship, or determining the corresponding to the search for the content to the browser (search service);
c) adding the selected product to the "my wish list" by closing the heart -shaped icon at the selected product (service of my wish list);
d) supplementing and sending the order form (transaction service);
e) supplementing and sending the registration form (account service);
f) supplementing and sending an electronic opinion form sent by the Seller to the e-mail address provided by the User who purchased the Product and agreed to receive from the Seller commercial information by e-mail, including to the e-mail address provided by the Customer, in particular inquiries about granting the opinion about the purchased Product, Promotional Codes or discounts (opinion service);
g) Supplementing and sending an electronic registration form for the Newsletter service provided by the Seller as part of the website (Newsletter service).
3. The agreement for the provision of information service, search services or transaction service is concluded for a definite period, namely the user of the user's actual use of a given electronic service, and the user may at any time give up such actual use. The above agreement shall be terminated in the event of the User stops performing factual activities indicated in paragraph 2 lit. a), b) and d) of this paragraph.
4 The cessation of using the above electronic services requires the following actions from the user:
a) awarding a previously marked heart -shaped icon with a product previously added to the "my wish list", subject to paragraph 5 of this paragraph (service of my wish list);
b) deletion of the account in accordance with para. 12 of this paragraph (account service);
c) removal of opinions in accordance with para. 14 of this paragraph (opinion service);
d) unsubscribing from the subscription to the newsletter in accordance with para. 18 of this paragraph (Newsletter service).
5. Using the service of my wish list by the User is regardless of registration on the website (regardless of creating an account). The user has access to "my wish list" only from the same device, under which he began using this electronic service, however, not longer than until the action specified in para. 4 lit. a) this paragraph, or deleting cookies on my device.
6. The user is entitled to create only 1 (one) account.
7. When making registration and creating an account, the user is required to provide only true and current data in the registration form. By providing the above data, the user declares that they are true and in line with the facts. In the event of the user provides false or false data, the Seller has the right to refuse registration or - if it is determined that the data is false, after registration - the right to block or delete the account. The seller shall not be liable if the user provides false, false or incorrect data.
8. After correctly completing and sending the registration form, the user will receive from the seller an email to the email address indicated by him with a link to which you should click to confirm the registration.
9. At any time, it is possible to change or supplement your data, including personal data and information provided under the account by entering logging into the account and clicking the inscription "Edit". The user is obliged to update his personal data (in particular his e-mail address and telephone number), provided that they change after registration. The seller shall not be liable in the event of failure to immediately update the data that has changed.
10. It is possible to change the access password to the account at any time, as well as recovering the lost or forgotten access password to log in to the account. To do this, enter the registration form properly and click the inscription "Recover the password", or log in to the account and click on the inscription "Reset password", and then follow further instructions appearing in the opening windows.
11. The seller takes actions to prevent unauthorized access to the account (other than the user). However, these actions may not be sufficient if the user himself does not retain the appropriate safety rules. In particular, the user should keep his access password confidential to log in to your account and not share it with third parties. The seller informs that he does not ask the user about the access password, except for the situation in which the account logs in. In addition, in order to prevent unauthorized and unauthorized and unauthorized persons, the user is obliged to freely log out from the account after the use of resources and information stored under the account. In particular, special caution should be exercised when using the functionality of automatic saving logins and passwords available under some computer programs, in particular if the use of the website occurs using various devices or as part of various IP numbers.
12. The user can delete his account at any time. To do this, log in to your account, click "Edit", then click "Delete account" and then follow the emerging instructions.
13. The user who granted the seller permission to receive commercial information by electronic means, in particular inquiries about granting the opinion about the purchased product, promotional codes or discounts, after purchasing the product in the store, he will receive an email from the seller asking if he would like to post his opinion on the purchased product on the website. Placing this opinion will require the user to click on the active link sent to him in the above e-mail, and then enter this opinion using your own wording, giving the name or nickname, as well as the assessment of the product by selecting a certain number of stars. Expressing the opinion in the above manner and sending the opinion form to the seller, the User confirms the read and acceptance of the Regulations. The seller publishes the user's opinion expressed in accordance with the above and in accordance with the Regulations together with the given name or nickname giving opinions on the user (i) directly on the subpage of the online store, on which the opinion is presented, as well as (II) in a dedicated window as part of the "Opinions" website. The seller does not provide other personal data in any way (except for the content of the opinion, given by the name or nickname and information to which product opinion concerns) other users as part of the website or in any other way.
14. The user whose opinion regarding the purchased product has been posted on the Website, may at any time resign from its posting by sending such a request to the Seller to the following e-mail address: kontakt@ewamrochen.com. The seller removes such an opinion immediately, but not later than 7 (seven) calendar days from the date of receipt of the user's request.
15. After the correct completion and sending of the electronic form for enrollment for the Newsletter service, the user will receive from the seller an email message to the email address indicated in the form with a link in which you should click to confirm the registration, as well as with full information regarding the rules for the processing of the user's personal data by the Seller.
16. A user starting using the account or transaction service may further agree to receive a newsletter message. Giving consent to receive a newsletter message does not constitute a condition for using the account or transaction service or the conclusion of a sales contract.
17. The frequency of sending a newsletter to the user depends only on the seller's decision. The seller reserves the right to suspend or end the provision of the Newsletter service at any time and without the need to provide a reason or justification, after informing users to the e-mail addresses provided by them.
18. The user has the right to opt out of the Newsletter service at any time. Such resignation (termination) has an immediate effect. In order to resign, the user manages the statement in this item (e.g. with the content "I give up the newsletter service") to the seller to the following email address: kontakt@ewamrochen.com or by clicking on the active link referring to the resignation, posted in the footer of each message newsletter sent to the user.
19. All content, graphics, photos, drawings, as well as their fragments, sent to users as part of the Newsletter service, constitute works within the meaning of the Copyright and Related Rights Act, and any use of them by users is allowed only within the limits of permitted personal use in accordance with the provisions of the Act on Copyright and Related Rights, as well as only within the limits of the provisions of § 14 of the Regulations.
§ 13
Complaints related to the provision of electronic services
1. Complaints related to the provision of electronic services via the Website The User may submit via e-mail to the e-mail address: kontakt@ewamrochen.com.
2. In the above e-mail, you must provide as much information and circumstances regarding the subject of the complaint, an indication of the electronic service to which the complaint relates, in particular the type and date of irregularities and contact details. The information provided will significantly facilitate and speed up the seller's complaint.
3. The complaint can be lodged within 30 (thirty) calendar days, counting from the day on which the event took place / the event should be based on the complaint. Complaints not containing the data indicated in para. 2 of this paragraph, or submitted after the deadline specified above, is left without recognition, as the seller will notify the User.
4. Consideration of the complaint by the Seller takes place immediately, no later than within 14 (fourteen) calendar days.
5. The Seller's response on the complaint is sent to the User's e-mail address provided in the complaint or other manner provided by the User.
6. Complaints will not be considered, which result from the non -application or ignorance of the Regulations, failure to comply with the User to the instructions provided to users on an ongoing basis via the Website or directly by the Seller.
§ 14
Protection of intellectual property
- All content, information, texts, data, statements, descriptions, as well as photographic or film materials, graphics, illustrations, animations, sounds and similar elements, made available to users by the Seller as part of the website as part of the website, including its appearance, layout, colors as a whole, as well as newsletter and other messages addressed to users and containing commercial information, including discount coupons and codes Also all their elements ("Content and materials"), Projects of products presented as part of the website, as well as their packaging ("Projects"), As well as logos and trademarks used by the seller, including the logo and trademark" Ewa Mrochen "("Signs"), They constitute the intellectual property of the seller or his authorized licensers and are protected by the provisions of the Act on Copyright and Related Rights, as well as the Act of 30 June 2000 - industrial property law, or the Act of 27 July 2001 on the protection of databases. Content and materials, projects and characters cannot be copied, downloaded, distributed, published, changed, combined / compiled with other works, distributed (in particular with the use of the Internet), or otherwise used in any way and in any form, in part or whole, in a manner contrary to the provisions of the Regulations. In particular, it is forbidden to copy the projects presented on the website or relates to products purchased in the store.
- The User may use the content and materials, projects or content only in the scope of permitted personal use of protected works designated by the provisions of the Act on Copyright and Related Rights, without the right to provide them with any third parties, under pain of violating their own property rights to works (content and materials, projects or signs), or other intellectual property rights, in particular, including commercial purposes.
- The use by any entity from the Website (including its content), or from content and materials, projects or characters does not mean that this entity acquisition of any rights on intangible assets, including in particular property copyrights or other intellectual property rights to the website (including its content), or from content and materials, projects or characters.
- The seller declares that in the event of any violation of any intellectual property rights to content and materials, projects or characters, he will strongly enforce his or his licensors with intellectual property rights to full extent permissible by law, including, among others, by civil proceedings (including claims for damages) as well as criminal proceedings.
§ 15
Personal data of users who are natural persons
- The administrator of personal data (within the meaning of Article 4 points 1 and 7 of the GDPR) of users who are natural persons is the seller.
- The seller attaches great importance to protecting the privacy of users who are natural persons and to preserve their personal data in secret, as well as declares that he has implemented appropriate organizational and technical measures to ensure the processing of personal data in accordance with applicable law in the field of personal data protection, including the GDPR.
- The Seller does not download any personal data on the Website from Users, except for their voluntary transfer by Users using electronic forms contained as part of the Website, as well as outside IP addresses and data contained in cookies on the principles described in the Privacy Policy.
- Whenever to use the electronic service or concluding a sales contract, it is necessary to provide the Seller of specific personal data of the User, or the User will decide after providing the Seller of his non -related (undemanded) personal data, he is obliged to enter or send only correct personal data in accordance with the facts. In the above case, in the event of a change in the user's personal data, he is obliged to immediately update it by sending the Seller an email to the following address: kontakt@ewamrochen.com or by updating your personal data as part of your account.
- The seller does not sell and lends the collected personal data to users to other persons or institutions (except for the recipients of the data indicated in the Privacy Policy).
- Detailed rules for processing Users' personal data by the Seller, including all the rights of Users in connection with their personal data processing (full information clause in accordance with the GDPR), were included in the Privacy Policy (https://ewamrochen.com/strona/polityka_prywatnosci-2).
- Before using electronic services or concluding a sales contract, in particular before providing the Seller of any personal data using electronic forms made available as part of the Website, the User should carefully read the provisions of the Privacy Policy (https://ewamrochen.com/strona/polityka_prywatnosci-2).
§ 16
Final provisions
1. Sales contracts and contracts for the provision of electronic services are concluded in accordance with Polish law (including the provisions of the Act on the provision of electronic services, the Act on consumer rights, the Copyright Act and related rights). The choice of Polish law does not lead to deprivation of a consumer or entrepreneur with a higher level of protection, than the one who would provide him with the right in his country of origin.
2. In the case of a consumer or entrepreneur with consumer rights, who are not Polish citizens at the same time, the right to them always applies.
3. In the event of non -compliance of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
4. The changes made in the Regulations by the Seller are binding on the User or Customer, provided that he was correctly informed about the changes and did not terminate the contract for the provision of electronic services within 14 (fourteen) calendar days from the date of notification of the User about changes by the store.
5. Any disputes arising from sales contracts or contracts for the provision of electronic services between the seller and consumers will be resolved in the first place through negotiations, with the intention of the amicable end of the dispute. However, if this would not be possible, or it would be unsatisfactory for either party, disputes will be resolved by the competent common court in accordance with paragraph 11 of this paragraph.
6. Detailed information regarding the possibility for the Consumer to use out -of -court ways to consider complaints and pursue claims, as well as the rules of access to these procedures are available at the headquarters and on the websites of poviat (municipal) consumer spokespersons, social organizations, which statutory tasks include consumer protection, voivodship trade inspector inspectorates, as well as on the website of the Office of Competition and Consumer Protection https://www.uokik.gov.pl/konsumenci.php and references located there (links).
7. The consumer has the following sample possibilities of using out -of -court methods of considering complaints and pursuing claims:
a) The consumer is entitled to ask the permanent amicable consumer court referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection, with a request to resolve the dispute arising from the concluded sales contract;
b) the consumer is entitled to ask the Provincial Inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable termination of the dispute between him and the seller;
c) The consumer may obtain free assistance in the resolution of the dispute between him and the seller, using the free assistance of the poviat (municipal) consumer ombudsman or social organization, which statutory tasks include consumer protection (including the European Consumer Center, Consumer Federation, Association of Polish Consumer).
8. In the performance of the obligations arising from the Regulation of the European Parliament and of the Council (EU) No 524/2013 of May 21, 2013 on the online consumer dispute resolution system, the seller indicates that the ODR platform (online Dispute Resolution), through which the consumer can proceed to solve the online dispute is available on the page:
9
10. The Seller informs consumers that a contact point is operating at the Competition and Consumer Protection Office, which provides information on amicable proceedings. Contact point for ADR/ODR (information on ADR entities, assistance in completing applications), pl. Powstańców Warszawy 1, 00-950 Warsaw, phone 22 55 60 332, 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl.
11. Possible disputes arising between the seller and the consumer shall be subject to the court competent in accordance with the provisions of the Act of November 17, 1964 - the Code of Civil Procedure (consolidated text: Journal of Laws of 2020, item 1575 as amended). Possible disputes arising between the seller and the non -consumer user are subject to the court competent for the seller's seat.
12. Users can access free of charge to the content of the Regulations at any time via the active link posted on the main website of the website, in a form that allows the user to download it, save on any medium, fix and print.
13. The regulations enter into force on April 2, 2021.