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Natalia Abstract sklep

Nataliaabstract

abstract paintings

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Nataliaabstract

abstract paintings

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Shop Terms and Conditions

§ 1 GENERAL PROVISIONS

  1. The www.nataliaabstract.pl shop operates in accordance with the terms and conditions set out in these Terms and Conditions.

  2. These Terms and Conditions set out the terms for entering into and terminating Product Sales Agreements and the complaints procedure, as well as the types and scope of services provided electronically by the www.nataliaaabstract.pl online shop, the rules governing the provision of these services, and the terms for entering into and terminating agreements for the provision of electronic services.

  3. Every Customer is obliged to comply with the provisions of these Terms and Conditions from the moment they take steps to use the Electronic Services of the www.nataliaaabstract.pl online shop.

  4. In matters not covered by these Rules, the following provisions shall apply:

    1. the Act on the Provision of Electronic Services of 18 July 2002,

    2. the Consumer Rights Act of 30 May 2014,

    3. the Act on the Out-of-Court Resolution of Consumer Disputes of 23 September 2016,

    4. the Civil Code Act of 23 April 1964 and other relevant provisions of Polish law.

§ 2
DEFINITIONS CONTAINED IN THE RULES AND REGULATIONS

  1. ORDER FORM – a form available on the website www.nataliaaabstract.pl which enables you to place an Order.

  2. CUSTOMER – A service user who intends to enter into or has entered into a Sales Agreement with the Seller.

  3. CONSUMER – a natural person who enters into a legal transaction with a trader that is not directly related to their business or professional activities.

  4. ENTREPRENEUR – a natural person, a legal person or an organisational unit that is not a legal person but is granted legal capacity by law, carrying out business or professional activities in their own name.

  5. PRODUCT – a movable item available in the Shop which is the subject of the Contract of Sale between the Customer and the Seller.

  6. TERMS AND CONDITIONS – these Terms and Conditions of the Shop.

  7. SHOP – The Service Provider’s online shop, accessible at www.nataliaaabstract.pl

  8. SALES ASSISTANT, SERVICE PROVIDER – Natalia Kowalczyk

  9. SALES AGREEMENT – A Product Sales Agreement concluded between the Customer and the Seller via the Shop.

  10. ORDER – a declaration of intent by the Customer constituting an offer to enter into a Product Sales Agreement with the Seller.

  11. PRICE – the amount, expressed in monetary units, which the Customer is obliged to pay to the Seller for the Product.

§ 3
INFORMATION REGARDING PRODUCTS AND HOW TO ORDER THEM

  1. The shop www.nataliaaabstract.pl sells products online.

  2. The products offered in the Shop are new and in accordance with the contract.

  3. The information contained on the Shop’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Product on the terms set out in its description.

  4. The product price shown on the Shop’s website is quoted in Polish zlotys (PLN) and includes all charges.
    The price does not include delivery costs.

  5. Orders can be placed via the website using the Order Form (www.nataliaaabstract.pl shop) 24 hours a day, all year round.

  6. In order for a Customer to place an Order in the Shop, they must read the Terms and Conditions and accept their provisions at the time of placing the Order.

§ 4 CONCLUSION OF THE SALE AGREEMENT

  1. In order to conclude a Sales Agreement, the Customer must first place an Order using the method provided by the Seller, in accordance with § 3(5) and (6) of the Terms and Conditions.

  2. Once an Order has been placed, the Seller shall confirm receipt of it without delay.

  3. Confirmation of the acceptance of the Order referred to in point 2 of this paragraph binds the Customer to their Order. Confirmation of receipt of the Order is provided by email.

  4. The confirmation of receipt of the Order includes:

    1. confirmation of all the essential elements of the Order,

    2. contract withdrawal form,

    3. these Terms and Conditions, which include information on the right to withdraw from the contract.

  5. Upon the Customer’s receipt of the email referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.

  6. Each Sales Contract will be confirmed by a proof of purchase, which will be enclosed with the Product.

§ 5 METHODS OF PAYMENT

  1. The seller offers the following payment methods:

    1. payment by standard bank transfer to the Seller’s bank account,

    2. payment via an electronic payment system.

  2. For payments by standard bank transfer, please make the payment to the following bank account number: 33-2490-0005-0000-4000-7341-2442 (Alior Bank). Please state the title of the painting in the payment reference.

  3. In the case of payment via an electronic payment system, the Customer makes the payment before the Order is processed. A payment link is sent via the Customer’s preferred contact channel and is a prerequisite for the commencement of educational services.

  4. The customer is obliged to pay the price under the Sales Agreement within 3 working days of the date of its conclusion, unless the Sales Agreement provides otherwise.

  5. The product will only be dispatched once payment has been received.

§ 6 COST, DELIVERY DATE AND METHODS OF DELIVERY OF THE PRODUCT

  1. The delivery costs for the Product, which are borne by the Customer, are determined during the Order placement process.

  2. The delivery time for the Product comprises the time taken to prepare the Product and the time taken for the carrier to deliver it:

    1. The time taken to prepare the products is 3 working days,

    2. Delivery of Products constituting movable property by the carrier takes place within the timeframe stated by the carrier, i.e. 3 working days from the time the parcel is dispatched (delivery takes place only on working days, excluding Saturdays, Sundays and public holidays).

  3. Products purchased from the Shop are dispatched exclusively within Poland via InPost.

§ 7 PRODUCT COMPLAINTS

  1. A complaint regarding the Product’s non-conformity with the contract.

    • The basis and scope of the Seller’s liability towards a Customer who is a Consumer arising from the Product’s lack of conformity with the contract are set out in the Consumer Rights Act of 30 May 2014,

    • The basis and scope of the Seller’s liability towards a Customer who is a business, under the warranty, are set out in the Civil Code of 23 April 1964,

    • The Seller is liable to the Customer, as a Consumer, for any lack of conformity of the Product with the contract that existed at the time of delivery of the Product and which comes to light within two years of that time, unless the shelf life of the Product specified by the Seller or persons acting on its behalf is longer,

    • Notifications regarding the Product’s non-conformity with the contract and the submission of a relevant claim may be made by email to the following address: kontakt@nataliaabstract.pl.

    • In the above email, please provide as much information and detail as possible regarding the subject of the complaint, in particular the nature and date of the issue, as well as your contact details. The information provided will significantly facilitate and expedite the Seller’s handling of the complaint,

    • In order to assess any defects or non-conformity of the Product with the contract, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at its own expense,

    • The seller shall respond to the customer’s request without delay, no later than 14 days from the date the complaint was lodged,

    • in the case of a complaint lodged by a Customer who is a Consumer – failure to deal with the complaint within 14 days of it being lodged shall be deemed to constitute acceptance of the complaint,

    • In the event of a valid complaint by a Customer who is a Consumer, the Seller shall, as appropriate:
      – cover the costs of repair or replacement and redelivery of the Product to the Customer
      – reduce the price of the Product (the reduced price must be in proportion to the price of the goods in conformity with the contract compared to the goods not in conformity with the contract) and refund the value of the reduced price to the Consumer no later than 14 days from receipt of the Consumer’s notice of price reduction,
      – in the event of the Consumer withdrawing from the contract – the Seller shall refund the price of the Product to the Consumer no later than 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer is obliged to return the goods to the Seller without delay at the Seller’s expense,
      – a response to a complaint shall be provided on paper or another durable medium, e.g. by email or text message.

§ 8 RIGHT TO WITHDRAW FROM THE CONTRACT

  1. Subject to point 10 of this paragraph, a Customer who is also a Consumer and who has entered into a distance contract may withdraw from it without giving any reason by submitting a statement to that effect within 14 days.

  2. In the event of withdrawal from the contract, the Sales Contract shall be deemed not to have been concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it without delay, but no later than 14 days from the date on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to post the Product back before the deadline expires.

  3. In the event of withdrawal from the Sales Contract, the Product must be returned to the following address:
    Natalia Kowalczyk, 15b/1 Niechorska Street, 72-300 Gryfice.

  4. The Consumer shall be liable for any reduction in the value of the Product resulting from its use in a manner exceeding that necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller has failed to inform the Consumer or the entity referred to in § 10 of the manner and time limit for exercising the right to withdraw from the contract and has failed to provide them with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer should handle and inspect the Products only in the same way as they would in a high-street shop.

  5. Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product, LESS the delivery costs, by bank transfer to the account specified in the completed and signed returns form, unless the Consumer has expressly agreed to an alternative method of refund which does not entail any costs for them. Subject to point 7 of this paragraph, the refund shall be made without delay, and at the latest within 14 days of the Seller receiving the notice of withdrawal from the Contract of Sale.

  6. If the Consumer has chosen a method of delivery for the Product other than the cheapest standard delivery method offered by the Shop, the Seller is not obliged to reimburse the Consumer for any additional costs incurred by them.

  7. If the Seller has not offered to collect the Product from the Consumer themselves, they may withhold the refund of any payments received from the Consumer until they have received the goods back or been provided with proof that they have been returned, whichever occurs first.

  8. A consumer who withdraws from the Sales Contract in accordance with point 1 of this paragraph shall bear the costs of delivery by the Seller and the cost of returning the Product to the Seller, if applicable.

  9. The 14-day period within which the Consumer may withdraw from the contract is calculated, in the case of a contract under which the Seller delivers the Product and is obliged to transfer ownership of it, from the day on which the Consumer (or a third party designated by the Consumer, other than the carrier) took possession of the Product.

  10. The Consumer is not entitled to the right to withdraw from a distance contract in the case of a Sales Contract, amongst other things, where the subject matter of the contract is non-prefabricated goods, manufactured to the Consumer’s specifications or intended to meet their individual needs.

  11. Both the Seller and the Customer are entitled to withdraw from the Sales Contract in the event that the other party fails to fulfil its obligation within a strictly specified time limit.

§ 9 TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. Through the Shop, the Service Provider enables users to make use of the Electronic Service, which consists of concluding Product Sales Agreements.

  2. The provision of electronic services to customers in the Shop is subject to the terms and conditions set out in the Terms and Conditions.

  3. The Service Provider is entitled to publish advertising content on the Shop’s website. This content forms an integral part of the Shop and the materials presented therein.

§ 10 TERMS AND CONDITIONS FOR THE PROVISION OF AND THE CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. The provision of the Electronic Service specified in § 9(1) of the Terms and Conditions by the Service Provider is free of charge.

  2. The contract for the provision of an electronic service consisting of enabling the placing of an Order in the Shop is concluded for a fixed term and is terminated upon the placing of an Order or when the Service User ceases to place Orders.

  3. Technical requirements necessary for interoperability with the ICT system used by the Service Provider:

    1. a computer (or mobile device) with internet access,

    2. access to email,

    3. web browser,

    4. Enabling cookies and JavaScript in your web browser.

  4. The Customer is obliged to use the Shop in a manner consistent with the law and public decency, whilst respecting the personal rights and intellectual property rights of third parties.

  5. The customer is obliged to provide information that is true and accurate.

  1. The service user is prohibited from providing unlawful content.

§ 11 COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES

  1. The Customer may submit complaints relating to the provision of the Electronic Service via the Shop by email to the following address: kontakt@nataliaabstract.pl

  2. In the email mentioned above, please provide as much information and detail as possible regarding the subject of the complaint, in particular the nature and date of the issue, as well as your contact details. The information provided will significantly facilitate and speed up the Service Provider’s handling of the complaint.

  3. The Service Provider shall consider the complaint without delay, no later than 14 days from the date it is lodged.

  4. The Service Provider’s response to the complaint is sent to the Service User’s email address provided in the complaint form or by any other means specified by the Service User

§ 12 FINAL PROVISIONS

  1. Contracts concluded via the Shop are governed by Polish law.

  2. Should any part of these Terms and Conditions be found to be inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the contested provision of these Terms and Conditions.

  3. Any disputes arising from Sales Agreements between the Shop and Consumers shall be resolved in the first instance through negotiation, with a view to reaching an amicable settlement, in accordance with the Act on the Out-of-Court Resolution of Consumer Disputes. However, if this proves impossible, or is unsatisfactory to either party, disputes shall be settled by the competent ordinary court, in accordance with point 4 of this paragraph.

  4. Any disputes arising between the Service Provider and the Service Recipient (Customer), who is also a Consumer, shall be referred to the courts having jurisdiction in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.

  5. A Customer who is a Consumer also has the right to make use of out-of-court dispute resolution procedures, in particular by submitting, following the conclusion of the complaints procedure, a request to initiate mediation or a request for the case to be heard by an arbitration tribunal (the form can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Tribunals operating within the Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Consumers may also seek free assistance from the district (municipal) consumer ombudsman or a voluntary organisation whose statutory remit includes consumer protection. Out-of-court redress following the conclusion of the complaints procedure is free of charge.

  6. With a view to resolving a dispute amicably, a consumer may, in particular, lodge a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/

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