Terms and conditions of the Online Store
§ 1
Introductory provisions
1. The SHEKINA online store, available at the shekina.pl web address, is operated by SHEKINA Spółka Cywilna Agnieszka Lewińska, Krzysztof Łyszczyk, entered in the Central Register and Information on Business Activity (CEIDG) maintained by the Minister of Economy, Tax ID 852-263-98-28, REGON 369293186.
2. These Terms and Conditions are addressed both to Consumers and to Entrepreneurs using the Store and define the rules of using the Online Store as well as the rules and procedure of concluding Sales Contracts with the Customer remotely through the Store.
§ 2
Definitions
1. Consumer - a natural person concluding a contract with the Seller in the Store, the subject of which is not directly related to its business or professional activity.
2. Seller - natual persons running a business under the name SHEKINA Spółka Cywilna Agnieszka Lewińska, Krzysztof Łyszczyk, entered in the Central Register and Information on Business Activity (CEIDG) maintained by the Minister of Economy, Tax ID 852-263-98-28, REGON 369293186.
3. Customer - any entity making purchases through the Store.
4. Entrepreneur - a natural person, legal person and organizational unit not being a legal person, which is granted legal capacity by a separate act, performing on its own behalf a business activity, which uses the Store.
5. Store - an online store run by the Seller at the web address shekina.pl.
6. Distance contract - a contract concluded with a Customer under an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time of concluding the agreement.
7. Terms and Conditions - these Terms and Conditions of the Store.
8. Order - a declaration of the Customer's will made using the Order Form and aiming directly at concluding a Sales Contract for a Product or Products with the Seller.
9. Account - a Customer's account in the Store, collecting data given by the Customer and information about Orders placed by them in the Store.
10. Registration form - a form available in the Store that allows you to create an Account.
11. Order Form - an interactive form available at the Store enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Contract, including the method of delivery and payment.
12. Cart - an element of the Store's software in which the Products selected by the Customer for purchase are visible and making it possible to determine and modify the details of the Order, in particular the number of products.
13. Product - a movable item/service available in the Store subject to the Sales Contract between the Customer and the Seller.
14. Sales Contract - a contract of sale of a Product concluded or to be concluded between the Customer and the Seller via the Online Store. The Sales Contract shall also be understood as, depending on the characteristics of the Product, a contract for the provision of services and a contract for a work.
§ 3
Contact with the Store
1. Seller's address: Boh. Getta Warszawskiego 6/8B, 70-302 Szczecin
2. Seller's e-mail address: shop@shekina.pl.
3. Seller's telephone number: 724 459 768
4. Seller's bank account number (PLN) 98 1140 2004 0000 3002 7752 7821
5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
6. The Customer may contact the Seller by phone from Monday to Friday from 8 am to 4 pm.
§ 4
Technical requirements
1. To use the Store, including browsing through the assortment of the Store and placing orders for Products, the following are necessary:
a. a terminal device with Internet access and a web browser,
b. an active e-mail account,
c. enabled cookies.
§ 5
General information
1. The Seller, to the fullest extent permitted by law, shall not be liable for any interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Store with the technical infrastructure of the Customer.
2. You do not need to create an Account to view the Store's assortment. Placing orders by the Customer for Products in the Store's assortment is possible either after opening an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to enable the completion of the Order without creating an Account.
3. The prices given in the Store are in PLN and are gross prices (taking into account the applicable VAT rate).
4. The final amount to be paid by the Customer shall include the price of the Product and the cost of delivery (including charges for transport, delivery and postal services), of which the Customer shall be informed on the websites of the Store at the time of placing an Order, including at the time of expressing the will to be bound by the Sales Contract.
5. In the case of a Contract covering a subscription or provision of services for an indefinite period of time, the final price is the total price covering all payments for the settlement period.
6. Where the nature of the subject matter of the Contract does not reasonably permit an advance calculation of the final price, information on the manner in which the price will be calculated, as well as on charges for transport, delivery, postal services and other costs, shall be given in the Store's description of the Product.
§ 6
Creating an Account with the Store
1. To create an Account with the Store, you need to fill in the Registration Form. The following information is required: name, surname, e-mail address, password.
2. Opening an Account with the Store is free of charge.
3. Logging into the Account is done by entering the login and password established in the Registration Form.
4. The Customer has the right to delete the Account at any time, without giving any reason and without paying any fees, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses specified in § 3.
§ 7
Rules of placing an Order
In order to place an Order it is necessary to:
1. log in to the Store (optional);
2. select the Product that is the subject of your Order, and then click the "To cart" button (or equivalent);
3. log in or use the option to place an Order without registering;
4. if the option of placing an Order without registration has been selected - fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data if different from the data of the recipient of the Order,
5. click the "I order and pay" button / click the "I order and pay" button and confirm your order by clicking on the link in the e-mail,
6. choose one of the available payment methods and, depending on the payment method, pay for the order within the specified time limit, subject to § 8.3.
§ 8
Delivery and payment methods offered
1. The Customer may use the following methods of delivery or collection of the Product ordered:
a. Courier delivery, courier payment on delivery,
b. Personal collection from the SHEKINA store at the following address: Władysława IV 1, 70-651 Szczecin only after prior arrangement of the date of collection.
2. The Customer can use the following payment methods:
a. Payment on delivery (personal collection)
b. Payment by bank transfer to the Seller's account
c. Electronic payments
3. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.
§ 9
Performance of the sales contract
1. The Sales Contract between the Customer and the Seller shall be concluded after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
2. After placing an Order, the Seller shall immediately acknowledge its receipt. Confirmation of receipt of the Order shall be effected by the Seller sending an appropriate e-mail message to the Customer's e-mail address provided during the Order placement process, which shall include at least the Seller's statements on receipt of the Order. Acceptance of the order for execution takes place at the moment of sending the products to the Customer.
3. If the Customer selects:
a. payment by bank transfer, electronic payment or payment by payment card, the Customer is obliged to make payment within 14 calendar days from the date of conclusion of the Sales Contract - otherwise the order will be cancelled.
b. payment in cash upon receipt of the shipment, the Customer is obliged to collect the goods and make payment upon receipt of the shipment within 14 days from the date of receipt of information on the readiness of the shipment for collection.
4. If the Customer has chosen a method of delivery other than personal collection, the Product shall be sent by the Seller within the time limit indicated in its description (subject to paragraph 5 hereof), in the manner chosen by the Customer when placing the Order.
5. A) In the case of ordering Products with different delivery dates, the delivery date shall be the longest date stated. B) In the case of ordering Products with different delivery dates, the Customer may request that the Products be delivered in parts or that all the Products be delivered after the completion of the entire order.
6. The beginning of the period of delivery of the Product to the Customer shall be counted as follows:
a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
b. If the Customer chooses the method of payment on delivery - from the date of conclusion of the Sales Contract,
7. In the event that the Customer chooses personal collection of the Product, the Product shall be ready for collection by the Customer on the date indicated in the Product description. The Customer shall be additionally informed by the Seller of the readiness of the Product for collection by sending an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order.
8. In the case of ordering Products with different readiness for collection dates, the Customer has the possibility to collect the Products in parts (according to their readiness for collection) or to collect all the Products after the completion of the entire order.
9. The beginning of the period of readiness for collection of the Product shall be counted as follows:
b. If the Customer chooses the method of cash payment on delivery - from the date of conclusion of the Sales Contract.
10. Delivery of the Product to the Customer is subject to payment of a fee, unless otherwise provided in the Sales Contract. The costs of delivery of the Product (including the costs of transport, delivery and postal services) shall be indicated to the Customer on the website of the Online Store in the "Delivery Costs" tab and at the time of placing an Order, including at the time of the Customer's expressing his or her willingness to be bound by the Sales Contract.
11. Personal collection of the Product by the Customer is free of charge.
§ 10
Right of withdrawal
1. The Consumer may withdraw from the Sales Contract within 14 days without giving any reason.
2. The period referred to in paragraph 1 shall begin with the delivery of the Product to the Consumer or to a person designated by the Consumer other than the carrier.
3. In the case of a Contract which covers multiple Products that are delivered singly, in lots or in pieces, the time limit referred to in paragraph 1 shall run from the delivery of the last item, lot or part.
4. In the case of a Contract which consists in regular delivery of Products for a definite period of time (subscription), the period indicated in paragraph 1 shall run from the time the first item is taken into possession.
5. The Consumer may withdraw from the Contract by submitting to the Seller a notice of withdrawal. In order to meet the withdrawal deadline, it is sufficient for the Consumer to send a statement before the expiry of the withdrawal deadline.
6. The statement may be sent by traditional mail or electronically by sending the statement to the Seller's e-mail address or by submitting the statement on the Seller's website - the contact details of the Seller are specified in § 3. The statement may also be made on a form, a template of which is attached as Appendix No. 1 to these Terms and Conditions and as Appendix to the Act of 30 May 2014 on Consumer Rights, but it is not obligatory.
7. In the case of sending the statement by the Consumer electronically, the Seller shall immediately send to the Consumer, to the e-mail address provided by the Consumer, a confirmation of receipt of the statement of withdrawal from the Agreement.
8. Effects of withdrawal
a. In the event of withdrawal from the Contract concluded at a distance, the Contract shall be deemed not concluded.
b. In the case of withdrawal from the Contract, the Seller shall reimburse the Consumer immediately, not later than within 14 days from the date of receipt of the goods, all payments made by the Consumer, including the costs of delivery of goods, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
c. The reimbursement shall be made by the Seller using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution which does not entail any costs for them.
d. The Seller may withhold a refund of the payment until the Product has been received back.
e. The Consumer shall return the Product to the Seller's address specified in these Terms and Conditions immediately, not later than 14 days from the date on which they informed the Seller of their withdrawal from the Contract. The deadline shall be met if the Consumer sends back the Product before the expiry of the 14-day deadline.
f. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product.
g. The Consumer shall only be liable for any reduction in the value of the Product resulting from its use in a manner other than it was necessary to determine the nature, characteristics and functioning of the Product.
h. Only new, unused goods with intact warranty seals and identification stickers will be returned.
9. The Consumer shall not have the right to withdraw from a distance contract in relation to the Contract:
a. in which the subject of the provision is an unprocessed item, produced according to the specification of the Consumer or designed to satisfy their individual needs,
b. in which the subject of the provision is an item delivered in sealed packaging which, when opened, cannot be returned for health or hygiene reasons if it has been opened after delivery,
c. in which the subject of the provision is an item which is subject to rapid deterioration or which has a short expiry date,
d. for the provision of services if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the commencement of performance that after the performance by the Seller they will lose the right to withdraw from the Contract,
e. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not exercise control, and which may occur before the expiry of the deadline for withdrawal from the Contract,
f. in which the subject of the provision is goods which, after delivery, by their nature are inseparably connected with other goods,
g. in which the subject of the provision are sound or visual recordings or computer programs to be delivered in sealed packaging, if the packaging has been opened after delivery,
h. for provision of digital content which is not recorded on a tangible medium, if the performance began with the express consent of the Consumer before the end of the period for withdrawal and after the Seller informs them of the loss of the right to withdraw from the Contract,
§ 11
Complaints and warranty
1. The Sales Contract covers new Products.
2. In the event of a defect in the goods purchased from the Seller, the Customer has the right to complain under the warranty provisions of the Civil Code.
3. The customer is obliged to assess the condition of the shipment directly during delivery in the presence of the courier. If a shipment (product) is found damaged, it is necessary to write a damage report in the presence of the courier, which is the basis for the complaint.
4. A complaint should be submitted in writing or electronically to the Seller's address specified in these Terms and Conditions.
5. It is recommended to include in the complaint a brief description of the defect, the circumstances (including the date) in which it occurred, the details of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.
6. The Seller shall respond to the complaint request immediately, not later than within 14 days, and if it fails to do so within this period, it shall be deemed that the Customer's request is justified.
7. Goods sent back under the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions.
8. If the Product has been granted a guarantee, information about it, as well as its content, will be included in the description of the Product in the Store.
§ 12
Out-of-court complaint handling and redress
1. Detailed information concerning the possibility for the Consumer to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and on the websites of county (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Regional Trade Inspection Inspectorates and at the following Internet 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 shall have the following exemplary out-of-court complaint and redress options:
a. 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) for a resolution of a dispute arising from the Contract concluded with the Seller.
b. The Consumer is entitled to apply to the Regional Trade Inspection Inspectorate, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), for mediation proceedings to be instituted in order to settle the dispute between the Consumer and the Seller.
c. The Consumer may obtain free assistance in resolving a dispute between them and the Seller, also with the free assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Federation of Consumers, the Association of Polish Consumers).
§ 13
Personal data in the Online store
1. The Seller is the controller of the personal data of the Customers collected through the Online Store.
2. Personal data of the Customers collected by the controller through the Internet Store are collected in order to perform the Sales Contract and, if the Customer agrees, also for marketing purposes.
3. The recipients of personal data of the Customers of the Online Store may be:
a. In the case of a Customer who uses the method of delivery by mail or courier in the Online Store, the Controller shall make available the Customer's personal data collected to a selected carrier or an intermediary who shall carry out the delivery on the order of the Controller.
b. In the case of a Customer who uses the electronic payment method or a payment card in the Online Store, the Controller shall make available the collected personal data of the Customer to a selected entity handling the above payments in the Online Store.
4. The Customer has the right to access the content of their data and to correct it.
5. Providing personal data is voluntary, however, failure to provide the personal data indicated in the Terms and Conditions, necessary to conclude the Sales Contract, results in the inability to conclude this contract.
§ 14
Final provisions
1. Contracts concluded through the Online Store are concluded in Polish.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods - in the scope in which these changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer about each change at least 7 days in advance.
3. In matters not provided for in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on the provision of services by electronic means; Act on consumer rights; Act on the protection of personal data.
4. The Customer has the right to use out-of-court complaint and redress procedures. To this end, the Customer can lodge a complaint through the EU ODR web platform at: http://ec.europa.eu/consumers/odr/.