Customer account terms

Account Terms and Conditions

at the Zuwika Design hats and wreaths store

CONTENTS
§ 1 Definitions
§ 2 Contacting the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of withdrawal
§ 7 Personal data
§ 8 Changes to the Terms or Account
§ 9 Final provisions

§ 1 DEFINITIONS

Consumer – a Service Recipient who is a natural person and has entered into an Account agreement under these Terms, or takes steps towards entering into it, without a direct connection to their business or professional activity.
Account – a digital service within the meaning of the Consumer Rights Act, provided electronically and free of charge by the Service Provider to the Service Recipient, enabling the Service Recipient to use additional features in the Store.
Privileged Entrepreneur – a Service Recipient who is a natural person entering into an Account agreement under these Terms (or taking steps towards entering into it) that is directly related to their business activity but is not of a professional nature for that person.
Terms – these Account terms and conditions.
Store – the Zuwika Design hats and wreaths online store operated by the Service Provider at www.zuwika.pl
Service Recipient – any entity that has entered into an Account agreement or takes steps towards entering into it.
Privileged Service Recipient – a Service Recipient who is a Consumer or a Privileged Entrepreneur.
Service Provider – 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 CONTACTING THE SERVICE PROVIDER

  1. Postal address: ul. Reymonta 48, 97-500 Radomsko
  2. Email address: zuwika@interia.pl
  3. Telephone: 505440814
  4. The cost of telephone calls or data transmission made by the Service Recipient is determined by the basic tariff of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider points out that international calls or international data transmission may cost more than domestic calls or transmission, depending on the tariff applied by the telecommunications operator or internet service provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

  1. The following are required to create and properly use an Account:
    • an active email account,
    • a device with internet access,
    • a web browser supporting JavaScript and cookies.

§ 4 ACCOUNT

  1. Creating an Account is entirely voluntary and is at the Service Recipient's discretion.
  2. The Account provides the Service Recipient with additional options, such as viewing the history of orders placed by the Service Recipient in the Store, checking order status, and editing their own details.
  3. To create an Account, the relevant form in the Store must be completed.
  4. When the Account is created, an Account agreement is concluded for an indefinite period between the Service Recipient and the Service Provider on the terms set out herein.
  5. The Service Provider begins providing the Account service on the terms set out herein without undue delay after the Account agreement is concluded.
  6. The Service Recipient may cancel the Account at any time without incurring any costs.
  7. Deleting the Account terminates the Account agreement. To have the Account deleted by the Service Provider, the Service Recipient must send their cancellation of the Account to the Service Provider's email address specified in § 2 of the Terms. This will result in the deletion of the Account without undue delay and termination of the Account agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

  1. The Service Provider asks that complaints concerning the Account be submitted to the postal or email address specified in § 2 of the Terms.
  2. The Service Provider will respond to a complaint within 14 days of receiving it.

II PRIVILEGED SERVICE RECIPIENTS

  1. The Service Provider is liable to the Privileged Service Recipient for the conformity of the service with the agreement as provided for by generally applicable law, in particular the Consumer Rights Act.
  2. If the Service Provider improperly performs the Account agreement, the Privileged Service Recipient may exercise the rights set out in Chapter 5b of the Consumer Rights Act.
  3. If the Service Provider has not supplied the digital service, the Privileged Service Recipient may call on the Service Provider to supply it. If the Service Provider nevertheless fails to supply the digital service without undue delay or within an additional period expressly agreed between the Service Provider and the Privileged Service Recipient, the Privileged Service Recipient may withdraw from the Account agreement.
  4. The Privileged Service Recipient may withdraw from the Account agreement without calling on the Service Provider to supply the digital service if:
    1. a statement by the Service Provider or the circumstances clearly indicate that the Service Provider will not supply the digital service; or
    2. the Privileged Service Recipient and the Service Provider have agreed, or the circumstances in which the Account agreement was concluded clearly indicate, that a specified time for supplying the digital service was essential to the Privileged Service Recipient, and the Service Provider failed to supply it within that time.
  5. The Service Provider is liable for any lack of conformity with the Account agreement of a digital service supplied continuously that occurs or becomes apparent during the period in which the service was to be supplied under that agreement.
  6. If the digital service does not conform to the Account agreement, the Privileged Service Recipient may request that it be brought into conformity with that agreement.
  7. If the digital service does not conform to the Account agreement, the Privileged Service Recipient must cooperate with the Service Provider, to a reasonable extent and using the technical means least burdensome to them, to establish whether the lack of conformity of the digital service with the Account agreement at the relevant time results from the characteristics of the Privileged Service Recipient's digital environment.
  8. In addition, if the digital service does not conform to the Account agreement, the Privileged Service Recipient may give notice of withdrawal from that agreement where:
    1. bringing the digital service into conformity with the Account agreement is impossible or would entail disproportionate costs pursuant to Article 43m(2) and (3) of the Consumer Rights Act;
    2. the Service Provider has not brought the digital service into conformity with the Account agreement within a reasonable time from being informed by the Privileged Service Recipient of the lack of conformity, and without significant inconvenience to the Privileged Service Recipient, taking into account the nature of the digital service and the purpose for which it is used;
    3. the lack of conformity of the digital service with the Account agreement persists despite the Service Provider's attempt to bring the digital service into conformity with that agreement;
    4. the lack of conformity of the digital service with the Account agreement is sufficiently serious to justify withdrawal from the Account agreement without first exercising the remedy specified in Article 43m of the Consumer Rights Act (i.e. requesting that the digital service be brought into conformity with the agreement);
    5. a statement by the Service Provider or the circumstances clearly indicate that the Service Provider will not bring the digital service into conformity with the Account agreement within a reasonable time or without significant inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT COMPLAINT HANDLING AND REDRESS

  1. The Service Provider informs the Consumer of the possibility of using out-of-court complaint handling and redress procedures. Rules on access to these procedures are available at the offices or on the websites of entities authorised to settle disputes out of court.

    The Consumer may, among other options, seek assistance from the appropriate European Consumer Centre within the European Consumer Centres Network. The Centres provide information about consumer rights and help resolve disputes concerning cross-border purchases. Assistance from European Consumer Centres is generally free of charge. A list of Consumer Centres for individual countries is available at: https://konsument.gov.pl/eck-w-europie/

    In addition, the following forms of assistance are available in the Republic of Poland:
    • mediation conducted by the locally competent Voivodeship Inspectorate of the Trade Inspection, to which an application for mediation should be submitted. The procedure is generally free of charge. A list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
    • assistance from the locally competent permanent consumer arbitration court attached to the Voivodeship Inspectorate of the Trade Inspection, to which an application for the case to be heard by the arbitration court should be submitted. The procedure is generally free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
  2. The preceding provision is for information only and does not constitute a commitment by the Service Provider to use out-of-court dispute resolution procedures.
  3. Using out-of-court complaint handling and redress procedures is voluntary for both the Service Provider and the Consumer.
  4. The Consumer may also obtain free assistance from a municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL

  1. The Privileged Service Recipient has the right to withdraw from the Account agreement concluded with the Service Provider within 14 days without giving any reason.
  2. The withdrawal period expires 14 days after the date on which the Account agreement was concluded.
  3. To exercise the right of withdrawal, the Privileged Service Recipient must inform the Service Provider, using the contact details in § 2 of the Terms, of their decision to withdraw by an unequivocal statement (for example, a letter sent by post or email).
  4. The Privileged Service Recipient may use the model withdrawal form provided at the end of the Terms, but this is not mandatory.
  5. To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send their communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

§ 7 PERSONAL DATA

  1. The Service Provider is the controller of personal data supplied by the Service Recipient in connection with entering into the Account agreement. Detailed information about the Service Provider's processing of personal data, including other purposes and legal bases of processing and data recipients, is provided in the privacy policy available in the Store, in accordance with the principle of transparency set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) – the GDPR.
  2. The Service Recipient's data are processed to operate the Account. The legal basis for processing personal data in this case is the Account agreement or steps taken at the Service Recipient's request prior to entering into it (Article 6(1)(b) GDPR), as well as the Service Provider's legitimate interest in processing data to establish, exercise or defend potential claims (Article 6(1)(f) GDPR).
  3. The provision of data by the Service Recipient is voluntary but necessary to enter into the Account agreement and provide the services covered by it. Failure to provide the data means that the Account agreement cannot be concluded and the Service Provider cannot provide the services covered by it.
  4. The Service Recipient's data will be processed until:
    1. the Account agreement ceases to be in force;
    2. the Service Recipient or the Service Provider can no longer pursue claims related to the Account;
    3. the Service Recipient's objection to the processing of their personal data is accepted, where the legal basis for processing was the Service Provider's legitimate interest
    – depending on which applies in the particular case.
  5. The Service Recipient has the right to request:
    1. access to their personal data,
    2. rectification of their data,
    3. erasure,
    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 Service Recipient's particular situation, to processing of their personal data based on Article 6(1)(f) GDPR (i.e. the legitimate interests pursued by the Service Provider).
  6. To exercise their rights, the Service Recipient should contact the Service Provider.
  7. If the Service Recipient considers that their data are being processed unlawfully, they may lodge a complaint with the competent personal data protection authority. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE TERMS OR ACCOUNT

  1. The Service Provider reserves the right to amend the Terms only for important reasons. An important reason means the need to amend the Terms due to:
    1. a change in Account functionality requiring an amendment to the Terms; or
    2. a change in legislation affecting the Service Provider's performance of the Account agreement, or the adaptation of services to recommendations, guidelines, orders or prohibitions, judgments, rulings, interpretations or decisions of authorised public authorities; or
    3. a change in the Service Provider's contact or identification details.
  2. Information about a planned amendment to the Terms will be sent to the Service Recipient's email address associated with the Account at least 7 days before the amendments take effect.
  3. If the Service Recipient does not object to the planned amendments before they take effect, they are deemed to accept them, without prejudice to their ability to terminate the agreement in the future.
  4. If the Service Recipient does not accept the planned amendments, they should notify the Service Provider at the email address specified in § 2 of the Terms. This will result in termination of the Account agreement when the planned amendments take effect.
  5. The Service Provider may, for the reason specified in paragraph 1(b) or because of a change in Account functionality, make a change to the Account that is not necessary to maintain its conformity with the Account agreement. The change referred to in the preceding sentence will not involve any costs for the Privileged Service Recipient. Paragraphs 2–4 apply accordingly.
  6. If the change referred to in paragraph 5 materially and negatively affects the Privileged Service Recipient's access to or use of the Account, the Service Provider will send, reasonably in advance and on a durable medium, information to the Privileged Service Recipient's email address about the characteristics and timing of the change and the rights available to the Privileged Service Recipient in connection with it.

§ 9 FINAL PROVISIONS

  1. The Service Recipient is prohibited from supplying unlawful content.
  2. The Account agreement is concluded in Polish.
  3. An agreement concluded under these Terms is governed by Polish law, subject to paragraph 4.
  4. The choice of Polish law for an agreement concluded under the Terms with a Consumer does not remove or limit the Consumer's rights under mandatory provisions of law that would apply to the Consumer in the absence of a choice of law. This means, in particular, that if the national provisions applicable to a Consumer provide broader protection than these Terms or Polish law, that broader protection applies.
  5. In the event of a dispute concerning the Account agreement with a Service Recipient who is not a Privileged Service Recipient, the court competent for the Service Provider's registered office will have jurisdiction.
  6. To the extent permitted by law, all liability of the Service Provider in connection with the Account agreement towards a Service Recipient who is not a Privileged Service Recipient is excluded.
  7. Use of the Store's website and its available features is subject to the website terms and conditions available in the Store.

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