Terms and Conditions

§ 1 Introductory provisions

• The Pracownia Witryna online store, available at www.pracowniawitryna.com/en/shop/ , is operated by Anna Woźniakowska, conducting business under the name Anna Woźniakowska Studio, entered in the Central Register and Information on Economic Activity maintained by the minister competent for economic affairs, NIP 7712393005 REGON 384142805, with its registered office at  ul. Olszewskiego 67/9L, tel. 513792063
• These Terms and Conditions are addressed both to Consumers and to Entrepreneurs using the Store and set out the rules for using the online Store as well as the rules and procedure for concluding distance Sales Agreements with the Customer through the Store.

§ 2 Definitions

• Consumer – a natural person concluding an agreement with the Seller through the Store where the subject matter of the agreement is not directly related to that person’s business or professional activity.
• Seller – a natural person conducting business under the name Anna Woźniakowska Studio, entered in the Central Register and Information on Economic Activity maintained by the minister competent for economic affairs, NIP 7712393005 REGON 384142805, with its registered office at  ul. Olszewskiego 67/9L, tel. 513792063.
• Customer – any entity making purchases through the Store.
• Entrepreneur – a natural person, a legal person or an organisational unit without legal personality to which a separate act grants legal capacity, conducting business activity in its own name and using the Store.
• Store – the online store operated by the Seller at www.pracowniawitryna.com/en/shop/
• Distance Contract – an agreement concluded with the Customer under an organised distance-contracting scheme (through the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the time at which the agreement is concluded.
• Terms and Conditions – these Terms and Conditions of the Store.
• Order – a declaration of intent made by the Customer using the Order Form and directly aimed at concluding a Sales Agreement for a Product or Products with the Seller.
• Account – the Customer’s account in the Store, which stores the data provided by the Customer and information about Orders placed by the Customer in the Store.
• Registration Form – a form available in the Store that enables an Account to be created.
• Order Form – an interactive form available in the Store that enables an Order to be placed, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the delivery and payment methods.
• Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are displayed and which also makes it possible to specify and modify the Order details, in particular the quantity of products.
• Product – a movable item available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
• Sales Agreement – an agreement for the sale of a Product concluded or to be concluded between the Customer and the Seller through the online Store.

§ 3 Technical requirements

1. To use the Store, including browsing the Store’s range and placing orders for Products, the following are required:
   1. an end device with Internet access and a web browser,
   2. an active electronic mail (e-mail) account,
   3. cookies and JavaScript enabled.

§ 4 General information

• To the fullest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the operation of the Store, caused by force majeure, unlawful acts of third parties or the incompatibility of the online Store with the Customer’s technical infrastructure.
• Browsing the Store’s range does not require an Account and is free of charge. The Customer may place orders for Products in the Store’s range either after creating an Account or by providing the personal and address details (including a telephone number) necessary to fulfil the Order without creating an Account (using the “guest” option).
• Prices shown in the Store are stated in Polish zlotys and are gross prices.
• The Customer is required to use the Store in accordance with the law and good practice, with due regard for personal rights and the copyrights and intellectual property rights of the Store and third parties. The Customer is required to provide accurate data. The Customer is prohibited from supplying unlawful content.

§ 5 Creating an Account in the Store

• To create an Account in the Store, the Registration Form must be completed. The following information must be provided: e-mail address, first and last name and security password, and the rules for processing personal data and the commercial terms of these Terms and Conditions must be accepted.
• Creating an Account in the Store is free of charge.
• An Account may also be created by using a Google or Facebook account to log in.
• Logging in to the Account takes place by providing the login and password set in the Registration Form or through integration of the Customer’s e-mail address with Facebook or Google.
• The Customer may delete the Account at any time, without giving a reason and without incurring any costs on that account, by sending an appropriate request to the Seller, in particular by electronic mail.
•  By holding an Account, the Customer will have access to the history of their orders and payments and easy and quick access to placing Orders.

§ 6 Rules for placing an Order

1. To place an Order:
   1. log in to the Store (optional);
   2. select the Product that is the subject of the Order and then click the “Add to cart” button;
   3. log in or use the option to place an Order without registering;
   4. if the option to place an Order without registering has been selected – complete the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivering the Product), provide the telephone number at which the Customer or the person receiving the shipment will be available when the shipment is delivered, and enter the invoice details if they differ from the Order recipient’s details,
   5. select one of the available payment methods and, depending on the payment method, pay for the order within the specified time limit, subject to § 8 item 4,
2. click the “I confirm the purchase with an obligation to pay” button.
   
   
   § 7 Available delivery and payment methods

1. The Customer may use the following methods of delivery or collection of the ordered Product:
   1. Parcel locker shipment 
   2. Shipment through Poczta Polska
   3. Personal collection at the company’s registered office at ul. Olszewskiego 67/9L
2. The Customer may use the following payment methods:
   1. Payment by bank transfer to the Seller’s account
   2. Electronic payments
   3. Payment by payment card through the PayPal transaction service
3. Detailed information on shipping and delivery methods can be found in the “delivery” tab

§ 8 Performance of the Sales Agreement

1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has first placed an Order using the Order Form in the online Store in accordance with § 6 of the Terms and Conditions.
2. After an Order has been placed, the Seller immediately confirms its receipt and at the same time accepts the Order for fulfilment. Confirmation of receipt of the Order and its acceptance for fulfilment takes place by the Seller sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided when placing the Order, containing at least the Seller’s statements that the Order has been received and accepted for fulfilment and confirmation that the Sales Agreement has been concluded. The Sales Agreement between the Customer and the Seller is concluded when the Customer receives that e-mail message.
3. The Seller shall not be liable for an incorrect e-mail address provided by the Customer in the Order Form as a result of which the Confirmation of receipt of the Order is not delivered to the Customer.
4. If the Customer selects:
   1. payment by bank transfer, electronic payment or payment card, the Customer is required to make payment within 7 calendar days from the date on which the Sales Agreement is concluded; otherwise, the order will be cancelled.
5. The order fulfilment time is 1-3 business days. The delivery time for the selected method must be added to the fulfilment time.
   
   
6. The commencement of the time limit for delivery of the Product to the Customer is calculated as follows:
   1. If the Customer selects payment by bank transfer, electronic payment or payment card – from the date on which the Seller’s bank account is credited.
7. The Product is delivered within Poland and to selected European countries, i.e. Austria, Belgium, the Czech Republic, Denmark, Finland, France, Spain, the Netherlands, Ireland, Germany, Portugal, Slovakia, Sweden, the United Kingdom and Italy.
8. Delivery of the Product to the Customer is subject to a charge unless the Sales Agreement provides otherwise. The costs of delivering the Product (including transport, delivery and postal service charges) are indicated to the Customer on the online Store’s pages in the “Delivery and payments” tab and when the Order is placed, including when the Customer expresses their intention to be bound by the Sales Agreement.
9. The Seller shall not be liable to a Customer who is not a Consumer for damage to a shipment, delivery of a shipment to an address other than the address stated on the address label, the courier’s failure to contact the Customer before delivery, etc. by the carrier selected by the Customer during the Order placement process. Any inconvenience resulting from an inappropriate method of delivering the shipment by the carrier must be resolved by the Customer on their own, and the Customer has no right to lodge a complaint concerning the carrier’s services with the Seller. In the above situation, the Seller is not required to accept a complaint/return of products or refund the value of the order to the Customer.

§ 9 Right to withdraw from the agreement

1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The time limit specified in paragraph 1 begins when the Product is delivered to the Consumer or to a person indicated by the Consumer other than the carrier.
3. For an Agreement covering multiple Products that are delivered separately, in batches or in parts, the time limit specified in paragraph 1 begins upon delivery of the last item, batch or part.
4. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline expires.
5. The statement may be sent by traditional post or electronically by sending the statement to the e-mail address hello@pracowniawitryna.com.  
6. If the Consumer sends the statement electronically, the Seller shall immediately send the Consumer, at the e-mail address provided by the Consumer, confirmation of receipt of the statement of withdrawal from the Agreement.
7. Effects of withdrawal from the Agreement:
   1. If the Consumer withdraws from a Distance Contract, the Agreement is deemed not to have been concluded.
   2. If the Consumer withdraws from the Agreement, the Seller shall immediately, and no later than within 14 days from the date on which the Seller receives the Consumer’s statement of withdrawal from the Agreement, refund the Consumer an amount equal to the value of the returned Product.
   3. The Seller shall issue the refund using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not entail any costs for the Consumer.
   4. The Seller may withhold the refund until the Product has been returned.
   5. The Consumer should return the Product to the Seller’s address specified in these Terms and Conditions immediately, and no later than within 14 days from the date on which the Consumer informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back before the 14-day period expires. Otherwise, the Seller reserves the right not to accept the shipment containing the returned Product after 14 days from the date on which the Customer informed the Seller of the withdrawal from the Agreement, which will expose the Customer to liability for damages for failure to return the Product on time.
   6. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product
   7. The Consumer shall be liable only for any diminished value of the Product resulting from its use beyond what was necessary to establish the nature, characteristics and functioning of the Product.

 

§ 10 Complaints and warranty

1. The Sales Agreement covers new Products.
2. If goods purchased from the Seller are defective, a Customer who is a Consumer has the right to lodge a complaint under the statutory warranty provisions of the Civil Code. The statutory warranty is excluded for Customers who are Entrepreneurs.
3. A complaint should be submitted electronically to the e-mail address hello@pracowniawitryna.com
4. It is recommended that a complaint include, among other things, a concise description of the defect, the circumstances (including the date) in which it occurred, the details of the Consumer submitting the complaint and the Consumer’s request in connection with the defect in the goods.
5. The Seller shall respond to the complaint request immediately, and no later than within 14 days; if the Seller fails to do so within that time, the Consumer’s request shall be deemed justified.
6. Goods returned under the complaint procedure should be sent to Anna Woźniakowska Studio, ul. Siemiradzkiego 1/51-631 Wrocław
7. Complaints connected with the operation of the Store (excluding the Product complaint procedure) may be submitted by the Customer, for example, in writing to the Store’s address or electronically to the Store’s e-mail address. It is recommended that the Customer provide the following in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type of irregularity and the date on which it occurred; (2) the request to the Store; and (3) the contact details of the person submitting the complaint. The Store shall respond to the complaint immediately, and no later than within 14 calendar days from the date on which it is submitted.

§ 11 Out-of-court complaint handling and redress procedures

1. Detailed information on the Consumer’s ability to use out-of-court complaint handling and redress procedures and the rules for accessing those procedures is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following website 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 and http://www.uokik.gov.pl/wazne_adresy.php.
2. The Consumer has the following examples of options for using out-of-court complaint handling and redress procedures:
   1. The Consumer is entitled to apply to the permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) with a request to resolve a dispute arising from an Agreement concluded with the Seller.
   2. The Consumer is entitled to apply to the Provincial Inspector of Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable resolution of a dispute between the Consumer and the Seller.
   3. The Consumer may obtain free assistance in resolving a dispute between the Consumer and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumer Federation and the Association of Polish Consumers).

§ 12 Personal data in the online Store

1. The controller of Customers’ personal data collected through the online Store is the Seller. If the Customer has any additional questions concerning privacy protection, the Customer may contact the Seller at the e-mail address: hello@pracowniawitryna.com
2. All personal data is collected with due care and appropriately protected against access by unauthorised persons and is processed in accordance with the General Data Protection Regulation (GDPR), the Act of 10 May 2018 on Personal Data Protection (Journal of Laws of 2018, item 1000, as amended) and the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2002, No. 144, item 1204, as amended).
3. The Store advises that the recipients of the Customer’s personal data will be entities cooperating with the Seller for the purpose of delivering shipments through courier companies and postal operators, performing services through commercial and service partners, maintaining delivery records and tax records, processing warranty claims and complaints, and entities responsible for hosting.
4. Customers’ personal data is not disclosed to other entities for marketing purposes. Customers’ personal data will never be resold to third parties.
5. The Personal Data Controller stores and processes the following personal data of Users:
   1. First and last name
   2. E-mail address
   3. Contact telephone number
   4. Residential address (street, house number, apartment number, postal code, city, country)
   5. Delivery address (street, house number, apartment number, postal code, city, country)
   6. For Entrepreneurs, additionally, company details (name, address, NIP number).
6. All personal data is provided voluntarily, and consent to the processing of such data is a prerequisite for fulfilling an Order or using other Store functionalities (e.g. contact through electronic forms or subscription to the newsletter).
7. When the Customer uses the Store, anonymous data is automatically collected in server logs, e.g. IP address, domain name, browser type, operating system type, etc. (data collected automatically). Information contained in the server’s system logs is used in particular for technical purposes and for purposes connected with administration of the Store, ensuring the secure operation of the Store, implementing the provisions of the Terms and Conditions and protecting rights. In addition, this information is used to collect statistical or marketing information, including through the collection of anonymised data by user tracking systems (Google Analytics, Hotjar, Yandex, etc.). Further information is provided in the Cookie Policy used in the Store.
8. The basis for processing the Customer’s personal data is the necessity to perform an agreement to which the Customer is a party or to take action at the Customer’s request before its conclusion (Article 6(1)(b) GDPR). If data is processed for the purpose of direct marketing of the Controller’s own products or services, the basis for such processing is the Customer’s prior consent (Article 6(1)(a) GDPR). In some cases, the basis for processing is the necessity to comply with a legal obligation incumbent on the Controller (Article 6(1)(c) GDPR in conjunction with Article 86 § 1 of the Tax Ordinance Act or Article 74(2) of the Accounting Act).
9. Data collected during correspondence (using a contact form, telephone, e-mail, etc.) between the Seller and the Customer will be used solely to answer questions asked or to fulfil an order.
10. A Customer whose personal data is processed has the right to access, supplement, update and rectify their data, temporarily or permanently restrict its processing and request its erasure. Accessing, supplementing, updating, rectifying, restricting the processing of or erasing data takes place on the basis of a user request sent to the Store’s e-mail address. A Customer whose personal rights protection has been infringed also has the right to lodge a complaint with the supervisory authority (President of the Personal Data Protection Office).
11. For the security of Customers, all private data (transmitted during registration, login and purchases) is protected by a strong SSL (Secure Socket Layer) encryption algorithm, and databases are protected against access by third parties.
12. The Controller may use profiling in the Store for direct marketing purposes, but decisions taken by the Controller on the basis of profiling do not concern the conclusion of or refusal to conclude a Sales Agreement or the ability to use other services in the Store.
13. The Customer’s personal data may be transferred to entities in third countries in connection with the Store’s use of tracking tools offered by entities based outside the EU. However, the transfer of data takes place in compliance with the required security rules. Further information is provided in the Cookie Policy used in the Store.

§ 13 Final provisions

• Agreements concluded through the online Store are concluded in Polish.
• The Seller reserves the right to send unannounced messages to persons whose contact details the Seller holds and who have agreed to the Privacy Policy. These messages will concern technical aspects of the Store’s operation (technical messages), changes to the Terms and Conditions or the Privacy Policy. The messages in question will not contain commercial information.
• The Seller reserves the right to amend the Terms and Conditions for important reasons, namely: changes in the law, changes in payment and delivery methods—to the extent that such changes affect the implementation of these Terms and Conditions. The Seller shall inform each Customer holding an Account in the Store of every change at least 7 days in advance by e-mail.
• In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means; the Consumer Rights Act; the Personal Data Protection Act; and the GDPR.