Shop rules
Online store regulations
Implementing the provisions of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws 2020.344, i.e. of March 3, 2020), the Act of May 10, 2018 on the protection of personal data (Journal of Laws 2019.1781, i.e. of of September 19, 2019), the Act of July 16, 2004 Telecommunications Law (Journal of Laws 2019.2460, i.e. of December 20, 2019), the Act on Consumer Rights of May 30, 2014 (i.e. of December 2023, Journal of Laws of 2023, item 2759), Dawid Stawowy running a business under the name: Dawid Stawowy, address: ul. Nazieleńce 33, 32-620 Brzeszcze, NIP: 5492419367, REGON: 369891757, introduces these Regulations, specifying in particular the types and scopes of services provided - including services provided electronically, conditions for the provision of these services, technical requirements and prohibitions on the provision of illegal content, privacy policy , conditions for concluding and terminating contracts for the provision of services (including electronically) and conditions for sending commercial information.
§ 1
Preliminary provisions
- The humbledesign.pl online store available at the following address: https://humbledesign.pl/ is run by Dawid Stawowy, running a business under the name: Dawid Stawowy, address: ul. Nazieleńce 33, 32-620 Brzeszcze, NIP: 5492419367, REGON: 369891757.
- These Regulations are addressed to both Consumers and Entrepreneurs using the Store and specify the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
- Whenever a given concept is defined in the singular in the Regulations, the definition of this concept also applies to the plural of this concept.
- Consumer - a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his business or professional activity.
- Seller - Dawid Stawowy, running a business under the name: Dawid Stawowy, address: ul. Nazieleńce 33, 32-620 Brzeszcze, NIP: 5492419367, REGON: 369891757.
- Customer - any entity making purchases via the Store.
- Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity under a separate act, conducting business activities on its own behalf, and using the Store.
- Store - online store run by the Seller at the Internet address https://humbledesign.pl/ .
- Distance contract - a contract concluded with the Customer as part of an organized system for concluding distance contracts (via 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 conclusion of the contract.
- Act - Act of May 30, 2014 on consumer rights (i.e. of December 7, 2023, Journal of Laws of 2023, item 2759).
- Regulations - these regulations of the Store.
- Order - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Sales Agreement for a specific (including quantitatively) Product or Products with the Seller.
- Civil Code - Act of April 23, 1964 Civil Code (Journal of Laws of 2014, item 121, as amended).
- Order form - an interactive form available in the Store enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Product Card - a single subpage of the Store containing information about a single Product.
- Basket - a subpage of the Store, where the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the number of Products.
- Product or Products - movable items available in the Store that are the subject of the Sales Agreement between the Customer and the Seller, in particular but not limited to - lamps - manufactured by the Seller, in respect of which the Seller indicates that it is a handicraft (hand-made product) made of natural materials ( wood), which means that each Product of a given type may slightly differ from each other (e.g. color/shade or grain arrangement) and the photos of the Products presented in the Store are for illustrative purposes only.
- Goods or goods - interchangeably Product or Products, especially in the context of the rights of the Customer who is a Consumer and the Seller's obligations regarding the warranty of the sold Products,
- Sales Agreement (alternatively also: "Agreement" ) - a sales agreement for the Product or Products concluded or concluded between the Customer and the Seller via the Store.
- Seller's address: ul. Nazieleńce 33, 32-620 Brzeszcze
- Seller's e-mail address: dastawowy@gmail.com
- Seller's telephone number: 509 694 344
- The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph, as well as using the contact form available at: https://humbledesign.pl/pages/contact where it is only obligatory to provide the Customer's e-mail address and the content of the message to the Seller.
To use the Store, including browsing the Store's assortment and placing Orders for Products, you need:
- connection to the Internet,
- having devices enabling the use of Internet resources,
- active e-mail account.
- To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the operation of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
- The prices given in the Store are given in Polish zloty and are gross prices (including tax on goods and services). If the Customer pays for the Order in a foreign currency, this amount will be converted via the operator through which the Customer makes the payment. The Seller has no influence and is in no way responsible for the exchange rate at which the payment amount is converted from a foreign currency.
- The final (final) amount to be paid by the Customer consists of the price for the selected Product or Products and the delivery cost (including fees for transport, delivery and postal services), about which the Customer is informed on the Store's website when placing the Order, including at the time of expressing the will to be bound by the Sales Agreement.
- To place an Order you must:
- select the Product that is the subject of the Order, and then click the "Add to cart" button,
- place an Order using the Order Form,
- complete the details 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 or Products), enter the invoice details if different from the details of the recipient of the Order,
- click the "pay" button ("check out"),
- select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 7 point 3 of the Regulations.
- The Customer may use the following delivery methods for the ordered Product:
- courier delivery,
- Personal collection at the Seller's office at: ul. Nazieleńce 33, 32-620 Brzeszcze.
- Payments in the store are made electronically via an external payment operator (Przelewy24) at the time of placing the Order - including via BLIK.
- Detailed information on delivery methods and acceptable payment methods can be found on the Store's website and is visible no later than when placing the Order.
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 6 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution and confirms the conclusion of the Sales Agreement. Confirmation of receipt of the Order and its acceptance for execution and conclusion of the Sales Agreement takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order.
- The entrepreneur sends the confirmation referred to in section 2 above, including confirmation of the conclusion of the Sales Agreement to the Customer no later than upon delivery of the Products covered by the Sales Agreement. Confirmation of the conclusion of the Sales Agreement also includes the content of the Regulations.
- By accepting the Regulations, the Customer agrees to be provided with confirmation of the conclusion of the Sales Agreement and the content of the Regulations on a durable medium in the form of a PDF file sent to the Consumer to his e-mail address provided when placing the Order.
- The Customer is obliged to make the payment within 2 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.
- If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller on the date specified in section 7 below or the description of a given Product on the Store's website, in the manner selected by the Customer when placing the Order.
- The Seller will process the order within 30 days from the date of payment, to which time the delivery time (via post or courier) should be added, not longer than 7 days from the date of order execution. Applies to orders delivered within the territory of the Republic of Poland, outside its territory the delivery is carried out within no longer than 30 days from the date of execution of the Order. The Customer will be informed each time about the completion of the Order and its submission for delivery to the e-mail address provided when placing the order. payments.
- The beginning of the delivery period of the Product to the Customer is counted from the date of crediting the payment to the Seller's bank account.
- Delivery of the Products takes place throughout the world, except for the territory of the Russian Federation and the Republic of Belarus.
- Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
- The Consumer may withdraw from the Sales Agreement concluded outside the Seller's premises or remotely within 14 days without giving any reason - this right is completely separate and independent from the Consumer's right to withdraw from the Sales Agreement related to the non-compliance of the Product with the Sales Agreement, which results from art. 43e of the Act and was indicated in § 12 section 22 of the Regulations.
- The period specified in section 1 begins with the delivery of the Product to the Consumer or a person other than the carrier indicated by him.
- In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the deadline specified in section 1 runs from the delivery of the last item, batch or part.
- The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the deadline referred to in section. 1 and 2 above.
- The declaration referred to in section 5 above may be sent by traditional mail or electronically by sending a declaration to the Seller's e-mail address or by submitting a declaration on the Seller's website - the Seller's contact details are specified in § 3. The declaration can also be submitted on the form, the template of which is Annex No. 1 to these Regulations and the Annex to the Act of May 30, 2014 on Consumer Rights, but this is not obligatory.
- If the Consumer sends the declaration electronically, the Seller is obliged to immediately send the Consumer on a durable medium confirmation of receipt of the declaration of withdrawal from the contract submitted electronically.
- Effects of withdrawal from the Agreement:
- In the event of withdrawal from the Agreement concluded outside the Seller's premises or remotely, the Agreement is deemed not to have been concluded.
- The Seller is obliged to immediately, no later than 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivering the goods.
- The Seller refunds the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him.
- The Consumer is obliged to return the goods to the Seller or hand them over to a person authorized by the Seller to collect them immediately, but no later than 14 days from the date on which he withdrew from the Agreement, unless the Seller offered to collect the goods himself. To meet the deadline, it is enough to return the goods before its expiry.
- If the Seller has not offered to collect the goods from the Consumer himself, he may withhold the refund of payments received from the Consumer until he receives the goods back or the Consumer provides proof of sending them back, depending on which event occurs first.
- The consumer only bears the direct costs of returning the goods, unless the Seller agreed to bear them or did not inform the consumer about the necessity to bear these costs.
- If the contract was concluded off-premises and the goods were delivered to the consumer to the place where he or she resided at the time of concluding the contract, the Seller is obliged to collect the goods at his own expense if, due to the nature of the goods, they cannot be sent back by regular mail.
- The consumer is liable for any reduction in the value of the goods resulting from using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods, unless the Seller has not informed the consumer about the right to withdraw from the contract in accordance with the requirements of section 1 et seq. of this paragraph.
9. If, due to the nature of the Product, it cannot be returned by regular mail, information about this and the costs of returning the Product will be included in the Product description in the Store.
- The Sales Agreement covers new Products.
- In the event of non-compliance of the goods with the Seller's Agreement, the Consumer has the right to make a complaint based on the warranty provisions specified in the Act, in particular in the manner specified in Art. 43a to art. 43e of the Act. Pursuant to art. 8 point 5 of the Act, the Seller informs that in the event of non-compliance of the goods with the Sales Agreement, the Consumer has the rights specified in this paragraph in accordance with Art. 43a to art. 43e of the Act of May 30, 2014 on consumer rights (i.e. of January 28, 2020).
- If the Customer is an Entrepreneur, the parties exclude liability under the warranty provided for in the Civil Code.
- Complaints should be submitted in writing or electronically to the addresses provided in § 3 of the Regulations. To submit a complaint, the Customer may use the declaration template constituting Annex No. 2 to the Regulations.
- It is recommended that the complaint include, among others: a concise description of the defect (i.e. what is the non-compliance of the goods with the contract), the circumstances (including the date) of its occurrence, details of the Customer filing the complaint, and the Customer's request in connection with the defect of the goods.
- The Seller will respond to the complaint immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days of its receipt, it is considered that the Customer's complaint has been accepted by the Seller.
- Goods returned under the complaint procedure should be sent to the address provided in § 3 of these Regulations.
- The Goods are compliant with the Agreement if, in particular, their:
- description, type, quantity, quality, completeness and functionality,
- suitability for a specific purpose for which it is needed by the Consumer, about which the Consumer notified the Seller at the latest at the time of concluding the Agreement and which the Seller accepted.
- 9. In addition, in order for the goods to be considered in compliance with the contract, they must:
1) be fit for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practices;
2) be present in such quantities and have such characteristics, including durability and safety, as are typical of the product of that type and which the consumer can reasonably expect, having regard to the nature of the product and the public assurance given by the trader, his legal predecessors or persons acting on their behalf , in particular in advertising or on the label, unless the entrepreneur demonstrates that:
a) did not know about the given public assurance and, judging reasonably, could not have known about it,
b) before concluding the contract, the public assurance was corrected in accordance with the conditions 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 conclude the Agreement;
3) be supplied with packaging, accessories and instructions that the Consumer can reasonably expect to be provided;
4) be of the same quality as the sample or pattern that the Seller made available to the Consumer before concluding the Agreement and correspond to the description of such sample or pattern.
- The Seller is not liable for the lack of compliance of the goods with the Agreement to the extent referred to in section 8 and 9 above, if the Consumer, at the latest at the time of concluding the Agreement, has been clearly informed that a specific feature of the goods deviates from the requirements of compliance with the contract specified in section 8 and 9 above, and expressly and separately accepted the lack of a specific feature of the goods.
- The Seller is liable to the Consumer for the lack of conformity of the goods with the Agreement existing at the time of its delivery and disclosed within two years from that moment, unless the shelf life of the goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer. . The lack of conformity of the goods with the Contract, which became apparent within two years from the date of delivery of the goods, is presumed to have existed at the time of delivery, unless it is proven otherwise or the presumption cannot be reconciled with the specific nature of the goods or the nature of the lack of conformity of the goods with the Contract. .
- The Seller cannot rely on the expiry of the period for determining the lack of conformity of the goods with the contract specified in section 1, if he fraudulently concealed this deficiency.
- If the goods are inconsistent with the contract, the Consumer may request that they be repaired or replaced.
- The Seller may make an exchange when the Consumer requests repair or the Seller may make a repair when the Consumer requests an exchange, if bringing the goods into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the goods into compliance with the Agreement.
- When assessing the excessive costs for the Seller, all circumstances of the case are taken into account, in particular the importance of the lack of compliance of the goods with the Agreement, the value of the goods consistent with the Agreement and excessive inconvenience for the Consumer resulting from a change in the method of bringing the goods into compliance with the Agreement.
- The Seller repairs or replaces within a reasonable time, taking into account the nature of the goods, i.e. handicraft, from the moment the Seller was informed by the consumer about the lack of compliance with the Agreement and without excessive inconvenience to the consumer, taking into account the specificity of the goods and the purpose for which the Consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, transportation, labor and materials, are borne by the Seller.
- The Consumer provides the Seller with goods that are subject to repair or replacement. The Seller collects the goods from the Consumer at his own expense.
- The consumer is not obliged to pay for the normal use of goods that have subsequently been replaced.
- If the goods are inconsistent with the Agreement, the Consumer may submit a declaration of price reduction or withdrawal from the contract when:
- The Seller refused to bring the goods into compliance with the Agreement in accordance with section 16 above and art. 43d section 2 of the Act,
- The Seller did not bring the goods into compliance with the Agreement in accordance with section 17 and 18 above and art. 43d section 4 and 5 of the Act,
- the lack of conformity of the goods with the contract continues, even though the Seller has tried to bring the goods into compliance with the Contract,
- the lack of conformity of the goods with the Agreement is so significant that it justifies a price reduction or withdrawal from the Agreement without first using the protection measures specified in section 15 to 20 above and in Art. 43d of the Act,
- it is clear from the Seller's representation 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.
- The reduced price must be in such proportion to the price resulting from the Agreement that the value of the goods inconsistent with the Agreement remains to the value of the goods consistent with the Agreement.
- The Seller returns to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer's declaration of the price reduction.
- The Consumer may not withdraw from the Agreement if the non-compliance of the goods with the Agreement is immaterial. It is presumed that the lack of conformity of the goods with the Agreement is significant.
- If the lack of conformity with the Agreement applies only to some goods delivered under the Agreement, the Consumer may withdraw from the Agreement only in relation to these goods, as well as in relation to other goods purchased by the Consumer together with the goods not in compliance with the Agreement, if the consumer cannot reasonably be expected to agreed to retain only goods consistent with the Agreement.
- In the event of withdrawal from the contract, the Consumer shall immediately return the goods to the Seller at his expense. The seller returns the price to the consumer immediately, no later than within 14 days from the date of receipt of the goods or proof of its return.
- The Seller refunds the price using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him.
- If a warranty has been granted for the Product, information about it, as well as its content, will be included in the Product description in the Store.
§ 11
Out-of-court methods of dealing with complaints and pursuing claims
- Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and Provincial Inspectorates of Inspections. Handlowa 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_zdrowie.php
and http://www.uokik.gov.pl/wazne_adresy.php
- The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims:
- The consumer is entitled to apply to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (i.e. of September 16, 2020, Journal of Laws of 2020, item 1706), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
- The consumer is entitled to contact the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
- The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).
§ 12
Final Provisions
1. Contracts concluded via the Online Store are concluded in Polish.
2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
3. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
4. The customer has the right to use out-of-court methods of dealing with complaints and pursuing claims. For this purpose, he or she may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/ .