Store terms and conditions

Terms and Conditions of the Zuwika Design online store — hats and wreaths

setting out, among other things, the rules for entering into contracts through the Store and containing the most important information about the Seller, the Store and Consumer rights

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfilment
§ 7 Right to withdraw from the contract
§ 8 Exceptions to the right to withdraw from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix No. 1: Model withdrawal form

§ 1 DEFINITIONS

Business Days – days from Monday to Friday, excluding public holidays in Poland.
Consumer – a Buyer who is a natural person, shopping in the Store or taking steps with a view to making a purchase, without a direct connection to their business or professional activity.
Account – a digital service within the meaning of the Consumer Rights Act, governed by separate terms and conditions, through which the Buyer may use additional functions in the Store free of charge.
Buyer – any entity shopping in the Store or taking steps with a view to making a purchase.
Privileged Buyer – a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur – a Buyer who is a natural person, entering into or intending to enter into a contract with the Seller under the Terms and Conditions that is directly connected with their business activity but is not of a professional nature for that person.
Terms and Conditions – these terms and conditions.
Store – the Zuwika Design hats and wreaths online store operated by the Seller at www.zuwika.pl.
Seller – KATARZYNA RENATA NOWAKOWSKA, an entrepreneur conducting business under the name KATARZYNA NOWAKOWSKA ZUWIKA DESIGN, entered in the Central Register and Information on Economic Activity maintained by the minister competent for the economy and for maintaining the Central Register and Information on Economic Activity, Tax Identification Number (NIP) 7721034151, National Business Registry Number (REGON) 590049785, ul. Reymonta 48, 97-500 Radomsko.
Consumer Rights Act – the Polish Act of 30 May 2014 on Consumer Rights.

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. Reymonta 48, 97-500 Radomsko
2. Email address: zuwika@interia.pl
3. Telephone: 505440814
4. Address for returning goods (in the event of withdrawal from the contract): ul. Reymonta 48/18 97-500 Radomsko
5. Address for sending goods subject to a complaint: ul. Reymonta 48/18 97-500 Radomsko
6. The cost of a telephone call or data transmission made by the Buyer is determined by the basic tariff of the telecommunications operator or internet service provider whose services the Buyer uses. The Seller points out that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission, depending on the tariff applied by the telecommunications operator or internet service provider whose services the Buyer uses.

§ 3 TECHNICAL REQUIREMENTS

1. For the Store to function correctly, the following are required:
   • a device with internet access
   • a web browser supporting JavaScript and cookies.
2. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is required.

§ 4 SHOPPING IN THE STORE

1. The product prices displayed in the Store are total prices for the product.
2. The Seller points out that the total order price consists of the following amounts indicated in the Store: the product price and, where applicable, the cost of delivering the goods.
3. A product selected for purchase must be added to the shopping cart in the Store.
4. The Buyer then selects the method of delivery and the method of payment for the order from among the options available in the Store and provides the data necessary to fulfil the order placed.
5. The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
6. Placing an order is equivalent to entering into a contract between the Buyer and the Seller.
7. The Buyer may register with the Store, i.e. create an Account, or make purchases without registering by providing their data with each order they may place.

§ 5 PAYMENTS

1. The following payment methods are available in the Store:
   1. ordinary bank transfer to the Seller's bank account;
   2. by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. through the payment platform:
      • Autopay
   4. by card or cash upon personal collection of the goods.
2. If payment through the Autopay payment platform is selected, the entity providing online payment services is Autopay S.A.
3. If the Buyer selects payment in advance, the order must be paid for within 3 Business Days of placing the order.

§ 6 ORDER FULFILMENT

1. The order fulfilment period is 4 Business Days.
2. If the Buyer has selected advance payment for the order, the Seller will begin fulfilling the order after it has been paid for.
3. Goods are delivered exclusively within the territory of the Republic of Poland.
4. The following delivery methods are available in the Store:
   1. by courier to the address indicated by the Buyer;
   2. through Poczta Polska;
   3. to a parcel locker;
   4. to an InPost parcel locker.
5. The Buyer may collect the goods personally at the company's registered office during its opening hours.
6. If the Buyer selects personal collection, the goods will be ready for collection within the indicated order fulfilment period.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

1. The Privileged Buyer has the right to withdraw from a contract entered into with the Seller through the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
2. The withdrawal period expires after 14 days from the day:
   1. on which the Privileged Buyer acquired possession of the goods or on which a third party other than the carrier and indicated by the Privileged Buyer acquired possession of those goods;
   2. on which the Privileged Buyer acquired possession of the last item, lot or piece, or on which a third party other than the carrier and indicated by the Privileged Buyer acquired possession of the last item, lot or piece, in the case of a contract requiring the transfer of ownership of multiple goods delivered separately, in lots or in pieces.
3. To exercise the right to withdraw from the contract, the Privileged Buyer must inform the Seller, using the details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or email).
4. The Privileged Buyer may use the model withdrawal form provided at the end of the Terms and Conditions, but this is not mandatory.
5. To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
   
   EFFECTS OF WITHDRAWAL FROM THE CONTRACT
6. In the event of withdrawal from the contract entered into, the Seller will reimburse the Privileged Buyer for all payments received from them, including the costs of delivery of the goods (except for additional costs resulting from the Privileged Buyer's choice of a delivery method other than the least expensive standard delivery method offered by the Seller), without undue delay and in any event no later than 14 days after the day on which the Seller was informed of the Privileged Buyer's decision to exercise the right of withdrawal from the contract.
7. The Seller will make the reimbursement using the same means of payment as the Privileged Buyer used for the original transaction, unless the Privileged Buyer agrees to another solution; in any event, the Privileged Buyer will not incur any fees as a result of the reimbursement.
8. If the Seller has not offered to collect the goods from the Privileged Buyer, the Seller may withhold reimbursement until the Seller has received the goods or until the Seller has been provided with evidence that they have been sent back, whichever occurs first.
9. The Seller asks that the goods be returned to the following address: ul. Reymonta 48/18 97-500 Radomsko without undue delay and in any event no later than 14 days after the day on which the Privileged Buyer informed the Seller of withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends the goods back before the 14-day period has expired.
10. The Privileged Buyer bears the direct costs of returning the goods.
11. The Privileged Buyer is liable only for any diminished value of the goods resulting from handling them other than what was necessary to establish the nature, characteristics and functioning of the goods.
12. If, due to their nature, the goods cannot normally be returned by post, the Privileged Buyer will also have to bear the direct costs of returning the goods. The Seller will inform the Privileged Buyer of the estimated amount of those costs in the description of the goods in the Store or while the order is being placed.
13. If it becomes necessary to refund funds for a transaction made by the Privileged Buyer using a payment card, the Seller will make the refund to the bank account linked to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT

1. The right to withdraw from a distance contract referred to in § 7 of the Terms and Conditions does not apply to a contract:
   1. under which the subject matter of the performance is non-prefabricated goods manufactured to the Privileged Buyer's specifications or serving to satisfy their individualised needs;
   2. under which the subject matter of the performance is goods liable to deteriorate rapidly or having a short shelf life;
   3. under which the subject matter of the performance is goods supplied in sealed packaging which cannot be returned after the packaging has been opened due to health protection or hygiene reasons, if the packaging was opened after delivery;
   4. under which the subject matter of the performance is goods which, after delivery, by their nature become inseparably combined with other items;
   5. under which the subject matter of the performance is audio or visual recordings or computer software supplied in sealed packaging, if the packaging was opened after delivery;
   6. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
   7. under which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. The Seller is liable to the Privileged Buyer for the conformity of the performance with the contract as provided for by generally applicable law, including in particular the provisions of the Consumer Rights Act.
2. The Seller asks that complaints (including complaints concerning the operation of the Store) be submitted to the postal or email address specified in § 2 of the Terms and Conditions.
3. If a guarantee has been granted for a product, information about it and its terms is available in the Store.
4. The Seller will respond to a complaint within 14 days of receiving it.

II PRIVILEGED BUYERS

1. Goods
   1. If the goods do not conform to the contract, the Privileged Buyer may exercise the rights specified in Chapter 5a of the Consumer Rights Act.
   2. The Seller is liable for a lack of conformity of the goods with the contract which exists at the time of delivery and becomes apparent within two years of that time, unless the shelf life of the goods, as specified by the Seller, its legal predecessors or persons acting on their behalf, is longer.
   3. Under the provisions of the Consumer Rights Act, if the goods do not conform to the contract, the Privileged Buyer may demand:
      1. replacement of the goods,
      2. repair of the goods.
   4. In addition, the Privileged Buyer may make a statement:
      1. reducing the price,
      2. withdrawing from the contract
      where:
      • the Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
      • the Seller has failed to bring the goods into conformity with the contract in accordance with Article 43d(4)-(6) of the Consumer Rights Act;
      • the lack of conformity of the goods with the contract persists despite the Seller's attempt to bring the goods into conformity with the contract;
      • the lack of conformity of the goods with the contract is sufficiently serious to justify a price reduction or withdrawal from the contract without first using the remedies specified in Article 43d of the Consumer Rights Act;
      • it is clear from the Seller's statement or the circumstances that the Seller will not bring the goods into conformity with the contract within a reasonable time or without significant inconvenience to the Privileged Buyer.
   5. In the case of goods subject to repair or replacement, the Privileged Buyer should make those goods available to the Seller. The Seller collects the goods from the Privileged Buyer at the Seller's expense.
   6. The Privileged Buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is minor.
   7. In the event of withdrawal from the contract referred to in this section (concerning goods), the Privileged Buyer returns the goods to the Seller without undue delay, at the Seller's expense, to the address ul. Reymonta 48/18 97-500 Radomsko. The Seller reimburses the price to the Privileged Buyer without undue delay and no later than 14 days after receiving the goods or evidence that they have been sent back.
   8. The Seller reimburses the Privileged Buyer for amounts due as a result of exercising the right to a price reduction without undue delay and no later than 14 days after receiving the Privileged Buyer's statement on the price reduction.
2. Out-of-court complaint handling and redress procedures
   1. The Seller informs the Consumer of the possibility of using out-of-court complaint handling and redress procedures. The rules for access to those procedures are available at the offices or on the websites of entities authorised to conduct out-of-court dispute resolution.
      
      The Consumer may use, among other things, the assistance of the appropriate European Consumer Centre within the European Consumer Centres Network. The Centres provide information about consumer rights and assist in resolving disputes concerning cross-border purchases. Assistance from the European Consumer Centres is generally free of charge. A list of Consumer Centres competent for each country is available at: https://konsument.gov.pl/eck-w-europie/
      
      In addition, the following forms of assistance are available within the territory of the Republic of Poland:
      • mediation conducted by the territorially competent Voivodeship Inspectorate of the Trade Inspection, to which an application for mediation should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
      • assistance from the territorially competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of the Trade Inspection, to which an application for the case to be heard by the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
   2. The preceding provision is for information purposes and does not constitute an obligation on the Seller to use out-of-court dispute resolution methods.
   3. The use of out-of-court complaint handling and redress procedures is voluntary for both the Seller and the Consumer.
   4. The Consumer may additionally use the free assistance of a municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

1. For the avoidance of doubt, the Seller points out that the provision of § 11(7) applies to the Seller's liability towards a Buyer other than a Privileged Buyer in connection with a complaint.

§ 10 PERSONAL DATA

1. The Seller is the controller of personal data provided by the Buyer while using the Store. Detailed information on the Seller's processing of personal data, including the other purposes and legal bases for processing and the recipients of the data, can be found in the privacy policy available in the Store, in accordance with the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) — the “GDPR”.
2. The purpose of the Seller's processing of the Buyer's data, provided by the Buyer in connection with purchases in the Store, is to fulfil orders. The legal basis for processing personal data in this case is:
   • the contract or steps taken at the Buyer's request with a view to entering into it (Article 6(1)(b) GDPR),
   • a legal obligation incumbent on the Seller, relating in particular to accounting and product safety (Article 6(1)(c) GDPR), and
   • the Seller's legitimate interest in processing data for the purpose of establishing, exercising or defending possible claims (Article 6(1)(f) GDPR).
3. The provision of data by the Buyer is voluntary but at the same time necessary to enter into a contract. Failure to provide the data will make it impossible to enter into a contract in the Store.
4. The Buyer's data provided in connection with purchases in the Store will be processed until:
   1. the contract entered into between the Buyer and the Seller ceases to apply;
   2. the legal obligation requiring the Seller to process the Buyer's data ceases to apply;
   3. the possibility for the Buyer or the Seller to pursue claims connected with the contract entered into through the Store ceases;
   4. the Buyer's objection to the processing of their personal data is accepted, where the processing was based on the Seller's legitimate interest
   — depending on which applies in the particular case.
5. The Buyer has the right to request:
   1. access to their personal data,
   2. rectification of those data,
   3. erasure of those data,
   4. restriction of processing,
   5. transmission of the data to another controller
      and also the right:
   6. to object at any time, on grounds relating to the Buyer's particular situation, to the processing of personal data concerning them based on Article 6(1)(f) GDPR (i.e. on the legitimate interests pursued by the Seller).
6. To exercise their rights, the Buyer should contact the Seller using the details set out in § 2 of the Terms and Conditions.
7. If the Buyer considers that their data is being processed unlawfully, the Buyer may lodge a complaint with the authority competent for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 11 RESERVATIONS

1. The Buyer is prohibited from providing unlawful content.
2. Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is entered into for the period and purpose of fulfilling the order.
3. All contracts entered into under these Terms and Conditions are governed by Polish law, subject to paragraph 4.
4. The choice of Polish law for contracts entered into under the Terms and Conditions with a Consumer does not exclude or restrict that Buyer's rights under mandatory provisions of law applicable to the Consumer where no choice of law is made. This means in particular that if the national provisions applicable to a given Consumer provide broader protection than that arising from these Terms and Conditions or Polish law, that broader protection applies.
5. Contracts entered into under the Terms and Conditions are entered into in Polish.
6. In the event of a dispute with a Buyer who is not a Privileged Buyer, connected with a contract entered into through the Store, the court competent for the Seller's registered office will have jurisdiction.
7. To the extent permitted by law, any liability of the Seller towards a Buyer who is not a Privileged Buyer under a contract entered into through the Store is excluded.
8. The Website Terms and Conditions, available in the Store, apply to the use of the Store's website and the functions available on it.

Returns form

KATARZYNA NOWAKOWSKA ZUWIKA DESIGN

ul. Reymonta 48, 97-500 Radomsko

email address: zuwika@interia.pl

- I/We(*) ..................................................................... hereby give notice

that I/we withdraw from the contract of sale of the following goods(*) / for the provision

of the following service(*):

.............................................................................................................................................................

.............................................................................................................................................................

.............................................................................................................................................................

- Date of conclusion of the contract(*)/receipt(*)

.............................................................................................................................................................

- Name(s) of the Consumer(s) / Privileged Entrepreneur(s):

.............................................................................................................................................................

- Address(es) of the Consumer(s) / Privileged Entrepreneur(s):

.............................................................................................................................................................

.............................................................................................................................................................

.............................................................................................

Signature(s) of the Consumer(s) / Privileged Entrepreneur(s)

(only if this form is submitted on paper)

Date ............................................

(*) Delete as appropriate.