Terms and conditions of the online store
Online store "Dwarves from the Vistula River" (hereinafter referred to as "Shop") available at the following address krasnoludyznadwisly.com, is conducted by Zuza Pietrzak- Sadowska (hereinafter referred to as "Seller"), conducting business under the name: "Zuza Pietrzak- Sadowska Krasnoludy znad Wisły" with registered office located at: Wilków nad Wisłą 20, 05-155 Leoncin (hereinafter referred to as the "Seller's address" ) , registered in the CEIDG, having NIP number 1131646789, Regon 147054393, e-mail address email@example.com, phone: 0048 512 233 235.
Terms and conditions of purchase
1. the Seller conducts retail sales of goods via the Internet. Orders are accepted through the website of the Store krasnoludyznadwisly.com
(2) All products offered in the Store are free from physical and legal defects, and have been legally introduced into the Polish market.
(3) All prices listed on the Store's websites are gross prices (including VAT). The price information provided on the Store's websites is binding until a change is published. For each good sold, the Seller issues receipts. The seller is not a VAT payer.
(4) The Seller delivers the ordered goods by means of specialized courier companies or postal services. In some cases, it is possible to pick up the goods in person at the Seller's address or at another location agreed individually with the buyer each time.
The buyer shall be charged for delivery costs as specified on the Store's website under the transport price list and payment costs tab.
5. the following forms of payment are possible:
- By bank transfer,
- Payment in the electronic channel - via payment cards or PayPal and ApplePay payment services. For security reasons, each electronic payment transaction is verified by the operator, but the timing of the verification itself is not dependent on the Store.
Additional costs associated with the various forms of payment are specified on the Store's website under the shipping and payment costs price list tab.
(6) The information on the websites of the Store constitutes an offer to sell goods within the meaning of the Civil Code. The buyer enters into a contract for the sale of goods by submitting a statement of acceptance of the offer to sell the goods, using the mechanisms available on the Internet pages of the Store. The conclusion of the contract of sale is reached when the user clicks on the inscription placed on the Store website: "I buy and undertake to pay."
Liability for product defects and complaints
(1) The seller, as an entrepreneur, shall be liable to the buyer, as a consumer, for the conformity of the goods to the contract under the terms of Chapter 5 a of the Law of May 30, 2014. On consumer rights, which are quoted in full below.
Chapter 5a Contracts obliging to transfer ownership of goods to the consumer
Art. 43a. [Scope of chapter; exclusion of Civil Code provisions].
(1) If the goods are not in conformity with the contract, the consumer shall have the rights set forth in this chapter. The provisions of Book Three of Title XI of Division II of the Act of April 23, 1964, shall not apply to contracts that obligate the transfer of ownership of goods to the consumer, including, in particular, contracts of sale, contracts of delivery and contracts for work that is goods. - Civil Code (Journal of Laws 2022, item 1360 and 2337).
(2) The provisions of this chapter shall not apply to goods that serve only as a carrier of digital content.
Art. 43b. [Zgodność towaru z umową]
1. the Goods are in conformity with the contract, if, in particular, their conformity remains:
1) description, type, quantity, quality, completeness and functionality, and for goods with digital elements - also compatibility, interoperability and availability of updates;
2) suitability for the specific purpose for which it is needed by the consumer, which the consumer notified the entrepreneur at the latest at the time of conclusion of the contract and which the entrepreneur accepted.
(2) In addition, the goods, to be considered in conformity with the contract, must:
1) be suitable for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practices;
2) appear in such quantity and have such characteristics, including durability and safety, and, with respect to goods with digital elements, also functionality and compatibility, as are typical for goods of this type and which the consumer may reasonably expect, taking into account the nature of the goods and the public assurances made by the trader, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the trader demonstrates that:
(a) did not know about the public assurance in question and, judging reasonably, could not have known about it,
(b) prior to the conclusion of the contract, the public assurance has been rectified in compliance with the terms and form in which the public assurance was submitted, or in a comparable manner,
(c) the public assurance did not influence the consumer's decision to enter into the contract;
3) be delivered with packaging, accessories and instructions that the consumer can reasonably expect to receive;
4) be of the same quality as the sample or design that the trader made available to the consumer before the conclusion of the contract, and correspond to the description of such sample or design.
(3) To goods with digital elements, the provisions of Art. 43k para. 3 and 4 and Art. 43l para. 4 shall apply accordingly.
(4) The entrepreneur shall not be liable for the lack of conformity of the goods with the contract to the extent referred to in paragraph. 2 or 3, if the consumer, at the latest at the time of the conclusion of the contract, has been expressly informed that a specific feature of the goods deviates from the requirements for conformity with the contract set forth in paragraph 2. 2 or 3, and explicitly and separately accepted the absence of a specific feature of the goods.
(5) The entrepreneur shall be liable for non-conformity of the goods with the contract resulting from improper installation of the goods if:
1) it was carried out by or under the responsibility of the entrepreneur;
2) the improper installation carried out by the consumer was due to errors in the instructions provided by the trader or a third party referred to in Article. 6 paragraph. 2.
Art. 43c. [Czasowe granice odpowiedzialności przedsiębiorcy za brak zgodności towaru z umową]
(1) The entrepreneur shall be liable for the lack of conformity of the goods with the contract existing at the time of delivery and revealed within two years from that time, unless the shelf life of the goods, as determined by the entrepreneur, his legal predecessors or persons acting on their behalf, is longer. The lack of conformity of the goods with the contract, which became apparent before the expiration of two years after delivery of the goods, is presumed to have existed at the time of delivery, unless the contrary is proven or the presumption cannot be reconciled with the specifics of the goods or the nature of the lack of conformity of the goods with the contract.
(2) The entrepreneur may not rely on the expiration of the time limit for determining the non-conformity of the goods with the contract specified in paragraph. 1, if the deficiency was maliciously concealed.
(3) With respect to goods with digital elements, the trader shall be liable for the non-conformity with the contract of the digital content or digital service delivered continuously, which occurred or became apparent at the time when, according to the contract, they were to be delivered. This time shall not be less than two years from the delivery of the goods with digital elements. The non-conformity of the digital content or digital service with the contract is presumed to have occurred during this time, if it became apparent during this time.
Art. 43d. [Uprawnienia konsumenta w przypadku braku zgodności z umową]
(1) If the goods are not in conformity with the contract, the consumer may demand repair or replacement.
(2) The trader may make an exchange when the consumer demands a repair, or the trader may make a repair when the consumer demands a replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the trader. If repair and replacement are impossible or would require excessive costs for the entrepreneur, he may refuse to bring the goods into conformity with the contract.
(3) In assessing the excessiveness of the costs for the trader, all the circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the goods with the contract, the value of the goods in conformity with the contract and the excessive inconvenience to the consumer caused by the change in the manner of bringing the goods into conformity with the contract.
(4) The trader shall repair or replace within a reasonable time from the moment the trader is informed by the consumer of the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them. The cost of repair or replacement, including, in particular, postage, freight, labor and materials, shall be borne by the entrepreneur.
(5) The consumer shall make the goods subject to repair or replacement available to the entrepreneur. The trader collects the goods from the consumer at his own expense.
(6) If the goods were assembled before the non-conformity of the goods with the contract became apparent, the trader shall disassemble the goods and reassemble them after repairing or replacing them, or have them done at his own expense.
(7) The consumer is not obliged to pay for the ordinary use of the goods, which were subsequently replaced.
Art. 43e. [Price reduction; withdrawal from contract].
(1) If the goods are inconsistent with the contract, the consumer may make a statement of price reduction or withdrawal from the contract when:
1) the trader refused to bring the goods into conformity with the contract in accordance with Article. 43d para. 2;
2) the trader failed to bring the goods into conformity with the contract in accordance with Article. 43d para. 4-6;
3) the lack of conformity of the goods with the contract continues even though the trader has tried to bring the goods into conformity with the contract;
4) the lack of conformity of the goods with the contract is so significant that it justifies a reduction in price or withdrawal from the contract without first resorting to the means of protection set forth in Article. 43d;
5) it is clear from the trader's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
(2) The reduced price must remain in such proportion to the contract price as the value of the non-conforming goods remains to the value of the conforming goods.
(3) The entrepreneur shall return to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than 14 days from the date of receipt of the consumer's statement on price reduction.
(4) The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial. The lack of conformity of the goods with the contract is presumed to be material.
(5) If the lack of conformity applies only to some of the goods delivered under the contract, the consumer may withdraw from the contract only with respect to those goods, as well as with respect to other goods purchased by the consumer together with the non-conforming goods, if the consumer cannot reasonably be expected to agree to keep only the conforming goods.
(6) In the event of withdrawal from the contract, the consumer shall immediately return the goods to the entrepreneur at his expense. The trader shall return the price to the consumer immediately, no later than within 14 days of receipt of the goods or proof of their return.
(7) The trader shall refund the price using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him.
Art. 43f. [Powstrzymanie się z zapłatą ceny do chwili wykonania przez przedsiębiorcę obowiązków z tytułu reklamacji]
The consumer may refrain from paying the price until the trader has fulfilled his obligations under Art. 43d and Art. 43e.
Art. 43g. [Gwarancja udzielona na rzecz konsumenta]
(1) A deviation from the terms of the warranty stated in the advertisement to the detriment of the consumer shall be ineffective, unless the warranty statement made in the advertisement prior to the conclusion of the contract has been rectified in accordance with the terms and form in which the advertisement was made, or in a comparable manner.
(2) The durability guarantee shall not provide for terms of repair or replacement less favorable to the consumer than those specified in Art. 43d.3. If the sold thing has a defect, the buyer may make a statement to reduce the price or withdraw from the contract, unless the Seller immediately and without undue inconvenience to the buyer replaces the defective thing with a defect-free one or removes the defect. This limitation does not apply if the thing has already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the thing with a defect-free one or to remove the defect.
(4) The seller does not guarantee the goods.
(5) In the event of a defect in the purchased goods, a complaint specifying the defect and a request for the manner of exercising the buyer's warranty rights should be sent to the email address: firstname.lastname@example.org.
(6) The seller will respond to the buyer's demands within 14 days of the complaint by sending a reply to the buyer's email.
(7) The Seller informs that in the event of a dispute concerning the purchased goods, it is possible to use the out-of-court method of handling complaints and claims, by filing a complaint to the District Consumer Ombudsman. The jurisdiction of the District Consumer Ombudsman depends on the residence of the complainant.
Withdrawal from the contract
- The buyer has the right to withdraw from the contract within 14 days without stating a reason and without incurring costs, except for the costs specified below under the terms of Chapter 5 a of the Law of May 30, 2014. On consumer rights, which are cited below.
Right of withdrawal from a distance or off-premises contract
Art. 27. [Termin do odstąpienia od umowy]
(1) A consumer who has entered into a contract at a distance or off-premises may withdraw from the contract within 14 days without stating a reason and without incurring costs, except for the costs specified in Art. 33, Art. 34 par. 2 and Art. 35.
Art. 28. [Początek biegu terminu do odstąpienia od umowy]
The period for withdrawal from the contract begins:
1) for a contract in the performance of which the trader delivers the goods, being obliged to transfer their ownership - from the taking of possession of the goods by the consumer or a third party other than the carrier designated by the consumer, and in the case of a contract that:
a) includes multiple goods that are delivered separately, in batches or in parts - from taking possession of the last good, its batch or part,
Art. 30. [Złożenie oświadczenia o odstąpieniu od umowy]
(1) The consumer may withdraw from the contract by submitting a statement of withdrawal to the entrepreneur. The statement may be submitted on a form, the model of which is attached as Appendix 2 to the Law.
(2) To meet the deadline it is sufficient to send the statement before its expiration.
(3) If the trader provides the opportunity to submit a declaration of withdrawal electronically, the consumer may also withdraw from the contract:
1) using the model withdrawal form, which is attached as Appendix 2 to the Law;
2) by making a statement on the entrepreneur's website.
(4) The entrepreneur must immediately send to the consumer on a durable medium an acknowledgement of receipt of the statement of withdrawal from the contract made in the manner referred to in paragraph (4). 3.
Art. 31. [Skutki odstąpienia od umowy]
(1) In the event of withdrawal from a distance contract or an off-premises contract, the contract shall be considered not concluded.
(2) If the consumer has made a declaration of withdrawal before the entrepreneur has accepted his offer, the offer shall cease to be binding.
Art. 32. [Zwrot przedmiotu świadczenia oraz płatności]
(1) The entrepreneur must immediately, no later than 14 days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the goods.
(2) The entrepreneur shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him.
(3) If the trader has not offered to collect the goods from the consumer himself, the trader may withhold reimbursement of payments received from the consumer until he receives the goods back or the consumer provides proof of their return, whichever event occurs first.
Art. 33. [Płatności zwracane w przypadku wyboru przez konsumenta innego niż najtańszy sposób dostawy]
If the consumer has chosen a method of delivery other than the cheapest ordinary means of delivery offered by the trader, the trader is not obliged to reimburse the consumer for the additional costs incurred by him.
Art. 34. [Return of goods by consumer; obligation to stop using digital content or digital service].
(1) The consumer must return the goods to the trader or give them to a person authorized by the trader to collect them immediately, but no later than 14 days from the day on which he withdrew from the contract, unless the trader offered to collect the goods himself. To meet the deadline it is sufficient to send back the goods before the deadline.
(2) The consumer shall bear only the direct costs of returning the goods, unless the trader has agreed to bear them or has not informed the consumer of the need to bear these costs.
(3) If the contract was concluded off-premises and the goods were delivered to the consumer to the place where he resided at the time of conclusion of the contract, the trader shall be obliged to collect the goods at his own expense when, due to the nature of the goods, they cannot be sent back in the usual way by mail.
(4) The consumer shall be liable for any diminution in the value of the goods resulting from the use of the goods beyond what is necessary to ascertain the nature, characteristics and functioning of the goods, unless the trader failed to inform the consumer of the right of withdrawal as required by Art. 12 paragraph. 1 point 9.
- Detailed information on the exercise of the right of withdrawal is included in Appendix 1 to the Regulations.
- A model withdrawal form is attached as Appendix 2 to the Regulations.
(1) The Vendor undertakes to process the Patient's personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (hereinafter "RODO").
Information on the processing of personal data
According to Art. 13 para. 1 and paragraph. 2 RODO The Seller, as the Controller of the personal data of the buyer, who is a natural person (data subject), provides the following information.
1 Administrator Data:
Zuza Pietrzak- Sadowska "Dwarves from the Vistula River" with registered office located at: Wilków nad Wisłą 20, 05-155 Leoncin, registered in CEIDG, having NIP number 1131646789, Regon 147054393, contact details: e-mail address email@example.com, telephone: 0048 512 233 235.
(2) Your personal data will be processed for:
- To conclude and perform a contract for the sale of goods (hereinafter: the Contract), pursuant to Art. 6 paragraph. 1(b) of the General Data Protection Regulation,
- to perform legal obligations incumbent on the Administrator, pursuant to Art. 6 paragraph. 1(c) of the General Data Protection Regulation,
- resulting from legitimate interests pursued by the Administrator on the basis of Art. 6 paragraph. 1(f) of the General Data Protection Regulation, viz:
(i) to detect and prevent fraud,
(ii) for the purpose of establishing, defending and asserting claims,
(iii) for the purpose of creating compilations, analyses and statistics for the Administrator's internal needs.
3 The recipients of your personal data are:
- entities providing consulting, advisory, legal, tax and accounting assistance to the Administrator.
4 All transfers of your personal data are carried out in accordance with applicable laws, your personal data will not be transferred to countries outside the EU area.
(5) Personal data will be kept for the term of the Agreement, and to the extent related to the defense or assertion of claims, until the statute of limitations. The administrator may keep personal data longer, but this will only happen for legitimate reasons if the law permits such storage.
6 You are entitled, with respect to your personal data, to:
- To request from the Administrator access to personal data,
- request the Administrator to rectify personal data,
- Demand the deletion of data processed unjustifiably,
- Request for restriction of data processing,
- object to the processing of personal data,
- to request data portability to another data controller or to you (within the scope of Article 20 of the General Data Protection Regulation),
- lodge a complaint with the GIODO if you consider that the processing of your personal data violates data protection laws.
7 Providing personal data of the buyer is a legal requirement related to the implementation of the contract. The consequence of not providing personal data is that the Agreement cannot be performed.
INFORMATION ON EXERCISING YOUR RIGHT OF WITHDRAWAL
Withdrawal from the contract
We inform you that you have the right to withdraw from this contract within 14 days without giving any reason.
The deadline for withdrawal from the contract expires after 14 days from the day on which you took possession of the item (purchased goods) or on which a third party other than the carrier and indicated by you took possession of the item, and in the case of the purchase of multiple items delivered separately in one order from the day on which you took possession of the last item or on which a third party other than the carrier and indicated by you took possession of the last item.
In order to exercise your right of withdrawal, you must inform the Seller, in writing, of your decision to withdraw from this contract by an unequivocal statement, sent to the address: Zuza Pietrzak - Sadowska, Wilków nad Wisłą 20; 05-155 Leoncin or to the email address: firstname.lastname@example.org.
You can use the model withdrawal form, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient for you to send information regarding the exercise of your right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal from the contract
In the event of withdrawal from the contract, we will return to you all payments received from you, including the costs of delivery of the items, immediately and in any case no later than 14 days from the day on which we are informed of your decision to exercise your right to withdraw from this contract. We will refund your payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this refund.
However, we would like to inform you that according to Art. 33 of the Law on Consumer Rights of May 30, 2014. If the buyer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to reimburse the buyer for any additional costs incurred by the buyer. They inform you that the additional costs will not be reimbursed to you. In addition, according to Art. 34 par. 2 of the above. Law, the buyer shall bear the direct costs of returning the item, unless the seller agreed to bear them or did not inform the buyer of the need to bear these costs.
Please send back or give the item to us at the following address: Zuza Pietrzak - Sadowska, Wilków nad Wisłą 20; 05-155 Leoncin, immediately and in any case no later than 14 days from the day on which you informed us of your withdrawal from the contract. The deadline is met if you send the item back before the expiration of the 14-day period. Please be advised that you will have to bear the direct costs of returning the item.
We may withhold reimbursement until you receive the item or until you provide us with proof of return, whichever event occurs first.
We would like to inform you that you are responsible for any diminution in the value of the item resulting from using it in a manner other than necessary to ascertain the nature, characteristics and functioning of the item.
MODEL FORM FOR WITHDRAWAL FROM CONTRACT (this form should be completed and returned only if you wish to withdraw from the contract)
Name of the buyer
Address of residence
Wilkow nad Wisłą 20
Phone no: 512 233 235
about withdrawal from a distance contract
- I/We(*) hereby inform(*) of my/our(*) withdrawal from the contract of sale of the following items
...........................................................................................................................( name of goods, quantity, date of receipt of goods, order number)
(*) Delete as necessary.