ONLINE SHOP REGULATIONS
1. These Regulations define the general conditions, rules and form of sales by Marcin Oyrzanowski conducting business activity under the company Marcin Oyrzanowski based in Warsaw, Poland through the online shop which runs on the website belonging to Etsy (hereinafter referred to as the "Online Shop"), under which the Seller sells under the user name MoodForWood.
Article 1 - Definitions
1. Working days - mean weekdays from Monday to Friday excluding public holidays.
2. Delivery - means a physical act of providing the Customer by the Seller, through the Carrier, with Products specified in the order.
3. Supplier - means an entity with which the Seller cooperates in the Delivery of Products:
a) a courier company;
b) Pocztę Polską S.A. with its registered office in Warsaw.
4. Etsy – means Etsy Ireland UC 66/67 Great Strand Street Dublin 1 Ireland.
5. Customer - means a person to whom, according to the Regulations and laws, electronic services may be provided or with whom a Contract of Sale may be concluded.
6. Consumer - means a natural person making a legal transaction with an entrepreneur not directly related to his or her business activity or profession.
7. Materials – contents and multimedia objects (e.g. information, data, graphics, pictures) including works within the meaning of the Act on copyright and related rights, as well as images of individuals provided by the Customer to be placed on the ordered Products.
8. Entrepreneur - means any natural person, legal person or organisational unit not being a legal person, having legal capacity by virtue of the law, running in his/her/its own name business activities or pursuing the profession and performing legal transactions directly related to his/her/its business activities or profession.
9. Regulations – mean these regulations.
10. Seller - means Marcin Oyrzanowski running a business under the company Marcin Oyrzanowski, based in Poznan (03-828), Poland, ul. Mińska 65, tax identification number: 7731620330, National Business Registry Number: 140418886, entered in the Central Register and Information on Business Activity kept by the Ministry for Economic Development; e -mail: moodforwood@o2.pl, who is also an owner of the Online Shop.
11. Shop Website - means web pages, under which the Seller sells Products under the user name MoodForWood, operating in the etsy.com domain.
12. Product - means a product presented by the Seller via the Shop Website which can be a subject of the Contract of Sale.
13. Durable medium – means material or device enabling the Customer or the Seller to store information addressed personally to them in a manner allowing for access to such information for future reference for a period of time adequate for the purposes of information and allowing the unchanged reproduction of the information stored.
14. Contract of Sale – means a contract of sale concluded at a distance under the terms of the Regulations, by and between the Customer and the Seller.
Article 2 - General provisions and use of the Online Shop
1. All rights to the Online Shop, to the extent not in conflict with the rules of Etsy, including proprietary copyrights, intellectual property rights to its name, as well as to patterns, forms, logotypes published on the Shop Website are the property of the Seller, and they may be exercised exclusively in a manner described in and compliant with the Regulations and upon the Seller's consent expressed in writing.
2. The Customer is not allowed to use the resources and functions of the Online Shop to conduct activities that would infringe the Seller's interests.
3. After conclusion of the Contract of Sale, the Seller confirms to the Customer the terms and conditions thereof by sending them on a durable medium to the Customer's e-mail address.
Article 3 - Payments and Orders Fulfilment
1. The Customer has the possibility to determine individual and characteristic features of the Products.
2. The Customer:
a) is entitled to use proprietary copyrights, industrial property rights and/or related rights to works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights, respectively, which make up the Materials sent by Cutomer for the implementation of an order;
b) providing Materials for the order concerning personal data, image and information about third parties took place in a legal manner, voluntarily and with the consent of the persons concerned.
3. The Customer is not entitled to provide Materials for the order, which contain information relating to personal data to third parties, and spread the image of a third party without the legally required authorization or approval of a third party.
4. The customer can make a payment for ordered Goods by choosing the appropriate payment method selected from Etsy Payments, depending on the country of origin from which the payment is made and the final device, in particular: Credit cards • Debit / bank cards • Etsy Gift Cards and Etsy Credits • PayPal • iDEAL (the Netherlands only) • Sofort (Austria and Germany) • Apple Pay • Android Pay.
5. The Seller shall deliver the Digital Content constituting the subject of the Contract without defects.
6. The Seller shall publish at the Shop Website information on the number of Working Days needed to execute the Delivery and fulfil the order.
7. The deadline for the Delivery and execution of the order specified on the Shop Website shall be calculated in the Working Days.
8. Ordered Product(s) shall be delivered to the Customer through the Carrier, to the address indicated on the order form.
9. The Customer shall examine the delivered Product(s) in the customary time and manner for shipments of that type in the presence of the Carrier's employee. In the event of discovery of shortage or damage relating to the shipment, the Customer shall be entitled to demand from the Carrier's employee to draw up a relevant report.
10. The Seller shall, in accordance with the Customer's wish, attach to the shipment being the subject of Delivery a receipt or VAT invoice covering the delivered Product(s).
In order to receive a VAT invoice, the Customer should declare at the time of purchase that he acquires the Product as an Entrepreneur (taxpayer). The above declaration is submitted by marking the appropriate field in the order form, before sending the order to the Seller.
Article 4 - Implied Warranty
1. The Seller ensures Delivery of Product(s) free of physical and legal defects. The Seller shall be liable towards the Customer if the Product has physical or legal defects (implied warranty).
2. If the Product is defective, the Customer may:
a) submit a statement on reduction of the price or rescission of the Contract of Sale, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Product with a non-defective one or removes the defect.
This limitation shall not apply if the Product has already been replaced or repaired by the Seller, or if the Seller failed to fulfil the obligation to replace the Product with a non-defective one or to remove the defect. The Customer may demand replacement of the Product with a non-defective one instead of removal of the defect proposed by the Seller, or demand removal of the defect instead of replacement of the Product, unless making the Product compliant with the contract in a manner chosen by the Customer is impossible or would require excessive costs as compared to the manner proposed by the Seller. When assessing if the costs are excessive, one shall take into account the value of the Product free from defects, the type and importance of the discovered defect, as well as the inconvenience experienced by the Customer in the event of other manner of satisfaction of the claim.
b) demand replacement of the defective Product with a non-defective one or removal of defect. The Seller shall replace the defective Product with a non-defective one or remove the defect within a reasonable time without excessive inconvenience to the Customer.
The Seller may refuse to fulfil the Customer's demand if making the defective Product compliant with the Contract of Sale in the manner selected by the Customer is impossible, or would require excessive costs as compared to the other possible manner of making the Product compliant with the Contract of Sale. The cost of repair or replacement shall be incurred by the Seller.
3. The Customer exercising the rights under the implied warranty shall deliver the defective product to the Seller's address. If the Customer is a Consumer the delivery cost shall be incurred by the Seller.
4. The Seller shall be liable under the implied warranty if a physical defect is discovered before two years pass since release of the Product to the Customer. The claim for removal of defect or replacement of the Product with a non-defective one shall be barred by the statute of limitations after one year, however such time-limit may not end before a time-limit specified in the first sentence. Within this time-limit the Customer may rescind the Contract of Sale or submit a statement on reduction of the price due to defect of the Product. If the Customer demanded replacement of the Product with a non-defective one or removal of the defect, the time-limit for rescission of the Contract of Sale or submission of the statement on reduction of the price shall start running upon ineffective expiry of the time-limit for replacement of the Product or removal of the defect.
In the case of the Product marked by the Seller as used, the Seller shall be liable for non-conformity of the Product with the contract if it is discovered by the Customer earlier than one year from the date of Delivery.
5. Any complaints related to the Product(s) or performance of the Contract of Sale may be submitted by the Customer in writing to the Seller's address.
6. Customer may send the complaint in electronic form to the address: moodforwood@o2.pl.
7. The Seller shall within 14 days from the date of demand containing the complaint express his opinion on the complaint regarding the performance of the Contract of Sale submitted by the Customer.
8. Seller in relation to the Entrepreneurs disclaims liability for implied warranty.
9. The Seller allows the Customer, being the Consumer, to take advantage of out-of-court settlement of consumer disputes. The competent authority relevant to the Seller is the Wojewódzki Inspektorat Inspekcji Handlowej w Warszawie, ul. Sienkiewicza 3, 00-015 Warszawa, http://www.wiih.org.pl.
Article 5 - Rescission of the Contract of Sale
1. The Customer being a Consumer who concluded the Contract of Sale may within 14 days rescind the Contract of Sale without giving any reasons.
2. The time-limit for rescission of the Contract of Sale shall start running as from the moment the Customer takes the possession of the Product.
3. The Customer may rescind the Contract of Sale by submitting a statement on rescission. To comply with this deadline is enough to send a statement before its expiry.
The Consumer may renounce the Contract of Sale by submitting the declaration of renouncement to the Seller. This declaration may be submitted, for example, in writing to the Seller’s address or via electronic mail to the Seller’s address. The declaration may be submitted in the form, the specimen of which has been included by the Seller on the Shop’s Website, under the following Regulations. In order to meet the deadline, it is sufficient to send the declaration before the deadline.
4. In the case of rescission of the Contract of Sale, the contract shall be treated as if it had never been concluded.
5. The Seller shall immediately, not later than within 14 days from the date of receipt of the Customer's statement on rescission of the Contract of Sale, return to the Customer all payments made by the Customer.
6. If the Customer exercising the right of rescission selects the method of delivery of the Product other than the cheapest ordinary Delivery method offered by the Seller, the Seller shall not be obliged to reimburse to the Customer the additional costs incurred by the Customer.
7. The Customer shall return the Product to the Seller immediately, however not later than within 14 days from the date of rescission of the Contract of Sale. To abide by the deadline, it is enough to send the Product to the Seller's address before expiry of such deadline.
8. In the event of rescission the Customer shall only incur the direct costs of returning the Product.
9. If, due to its nature, the Product cannot be sent back by traditional mail, the Seller shall inform the Customer about the costs of returning such Product on the Shop Website.
10. The Customer shall bear liability for a decrease in the value of the Product as a result of use thereof in a manner outside the manner necessary to determine the nature, features and functioning of the Product.
11. The Seller shall reimburse the payment using the same method of payment as the one used by the Customer, unless the Customer expressly agrees to other method of reimbursement which does not entail any costs for the Customer.
12. The right to rescind the Contract of Sale is not vested in the Customer being a Consumer as regards contracts in the case of which the Product is a non-prefabricated good made to the Consumer’s specifications or serving to satisfy the Consumer's individualised needs.
Article 6 - Final provisions
1. The Seller is the administrator of personal information obtained within the Contract of Sale or other circumstances specified in the Regulations. The source of personal data is a Etsy.
2. The personal data collected by MoodForWood are processed in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (general regulation on data protection), also known as the GDPR.
3. These Regulations and mandatory laws and present Regulations of Etsy shall be the sole source of the Seller's liability.
4. The Seller fulfills the information obligations resulting from the GDPR in relation to the persons to whom the data pertains, by sending it to the e-mail address provided.
5. In the event of a dispute related to the sale contract, the parties shall seek to resolve the matter amicably. The Polish law shall be applicable to settlement of any disputes arising under these Regulations.
6. The Seller informs the Customer, being the Consumer, of the possibility of taking advantage of out-of-court means of settling complaints and obtaining redress. Rules of access to such procedures are available at the offices or on the internet sites of the entities responsible for out-of-court settlement of disputes. These may be in particular Consumer rights spokespersons or the Voivodship Inspectorate of Trade Inspection, the list of which is available on the internet site of the Office of Competition and Consumer Protection at the address http://www.uokik.gov.pl/spory_konsumenckie.php.
The Seller provides information that at the address http://ec.europa.eu/consumers/odr/ there is available the platform of an online system of settling disputes between consumers and businesspersons at the EU level (the ODR platform).
7. The Regulations shall come into force on 03.01.2020
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