Regulaminy

Terms and conditions of the Noble Art Creation Marcin Donaszewski online store

specifying, among other things, the rules for concluding contracts through the Store, containing the most important information about the Seller, the Store, and consumer rights.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contacting the Seller
§ 3 Technical requirements
§ 4 Purchases in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 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 1: Model withdrawal form

§ 1 DEFINITIONS
Working days – days from Monday to Friday, except for public holidays in Poland.
Civil Code – Polish Act of April 23, 1964, Civil Code.
Consumer – a Buyer who is a natural person, purchasing in the Store or taking steps to make a purchase, without direct connection to their business or professional activity.
Account – a digital service regulated by separate terms and conditions within the meaning of the Consumer Rights Act, thanks to which the Buyer can use additional functions in the Store free of charge.
Buyer – any entity purchasing in the Store or taking steps to make a purchase.

Privileged buyer – Consumer or Privileged entrepreneur.
Privileged entrepreneur – Buyer who is a natural person, concluding or intending to conclude a contract with the Seller on the basis of the Terms and Conditions directly related to his business activity, but not of a professional nature.
Terms and Conditions – these terms and conditions.
Store – the Noble Art Creation Marcin Donaszewski online store operated by the Seller at https://nobleartcreation.com.
Seller – Marcin Donaszewski, an entrepreneur conducting business activity under the name Noble Art Creation Marcin Donaszewski, entered in the Central Register and Information on Economic Activity kept by the minister responsible for the economy and keeping the Central Register and Information on Economic Activity, NIP 5832716616, REGON number 523636121, Kazimierza Porębskiego 50C/37 80-180 Gdańsk.
Consumer Rights Act – Polish Act of May 30, 2014 on consumer rights.

§ 2 CONTACT WITH THE SELLER

Postal address: Kazimierza Porębskiego 50C/37 80-180 Gdańsk
Email address: nobleartcreationmd@gmail.com
Phone: 517818155
The cost of telephone calls or data transmission made by the Buyer is based on the basic tariff of the telecommunications operator or Internet service provider used by the Buyer. 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 adopted by the telecommunications operator or Internet service provider used by the Buyer.

§ 3 TECHNICAL REQUIREMENTS

For the Store to function properly, you need:
a device with Internet access
a web browser that supports JavaScript and cookies.
In order to place an order in the Store, in addition to the requirements specified in section 1, you need an active e-mail account.

§ 4 PURCHASES IN THE STORE

The prices of products displayed in the Store are the total prices for the product.
The Seller notes that the total price of the order consists of the following items indicated in the Store: the price of the product and, if applicable, the cost of delivery.
The product selected for purchase should be added to the shopping cart in the Store.
The Buyer then selects the delivery method and payment method for the order from among the options available in the Store, and provides the data necessary to complete the order.
The order is placed when its content is confirmed and the Terms and Conditions are accepted by the Buyer.
Placing an order is tantamount to concluding a contract between the Buyer and the Seller.
The Buyer may register in the Store, i.e. create an Account, or make purchases without registration by providing their details with each order.

§ 5 PAYMENTS

The following payment methods are available in the Store:
regular bank transfer to the Seller's bank account;
by payment card:
Visa
Visa Electron
MasterCard
MasterCard Electronic
Maestro
via payment platform:
Autopay
eCard
dotpay
PayPal
PayU
Przelewy24
TPay.com
If you choose to pay via the Autopay payment platform, the entity providing online payment services is Autopay S.A.
If the Buyer chooses to pay in advance, the order must be paid for within 3 business days of placing the order.
By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.

§ 6 ORDER FULFILLMENT

The order fulfillment date is indicated in the Store.
If the Buyer has chosen to pay for the order in advance, the Seller will proceed with the order after it has been paid for.

If the Buyer has purchased products with different delivery times within a single order, the order will be delivered within the time specified for the product with the longest delivery time.
Countries to which deliveries are made:

Saudi Arabia

Argentina

Australia

China

Czech Republic

Denmark

Estonia

Finland

Greece

Greenland

Spain

Netherlands

Ireland

Japan

Canada

South Korea

Lithuania

Latvia

New Zealand

Norway

Poland

Portugal

Romania

Singapore

Slovakia

Switzerland

Sweden

Taiwan

Turkey

USA (shipping temporarily suspended)

Hungary

United Kingdom

Italy

United Arab Emirates

The following delivery methods are available in the Store:

by courier to the address specified by the Buyer;
by Poczta Polska (Polish Post);
to a parcel locker;
to a collection point;
to InPost parcel lockers.

§ 7 RIGHT TO WITHDRAW FROM THE AGREEMENT

The privileged buyer has the right to withdraw from the agreement concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
The deadline for withdrawal from the contract expires after 14 days from the date:
on which the Privileged Buyer took possession of the goods or on which a third party other than the carrier and indicated by the Privileged Buyer took possession of the goods;
the Privileged Buyer took possession of the last goods, batch or part, or a third party other than the carrier and indicated by the Privileged Buyer took possession of the last goods, batch or part, in the case of a contract obliging the transfer of ownership of multiple goods that are delivered separately, in batches or in parts.

In order for the Privileged Buyer to exercise their right to withdraw from the contract, they 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 (e.g. a letter sent by post or email).
The Privileged Buyer may use the model withdrawal form provided at the end of the Terms and Conditions, but this is not mandatory.
In order to meet the deadline for withdrawal from the contract, it is sufficient for the Privileged Buyer to send information regarding the exercise of their right to withdraw from the contract before the deadline for withdrawal from the contract expires.

CONSEQUENCES OF WITHDRAWAL FROM THE AGREEMENT

In the event of withdrawal from the contract, the Seller shall refund the Privileged Buyer all payments received from them, including the costs of delivery (except for additional costs resulting from the Privileged Buyer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the Privileged Buyer's decision to exercise their right to withdraw from the contract.
The Seller shall refund the payment using the same payment methods as those used by the Buyer in the original transaction, unless the Buyer agrees to a different solution, in which case the Buyer shall not incur any fees in connection with the refund.
If the Seller has not offered to collect the goods from the Buyer themselves, they may withhold the refund until they receive the goods or until they receive proof of their return, whichever occurs first.
The Seller requests that the goods be returned to the following address: Kazimierza Porębskiego 50C/37 80-180 Gdańsk immediately, and in any case no later than 14 days from the date on which the Privileged Buyer informed the Seller of their withdrawal from the sales contract. The deadline is met if the Privileged Buyer returns the goods before the expiry of the 14-day period.
The Privileged Buyer shall bear the direct costs of returning the goods.
The Privileged Buyer shall only be liable for any reduction in the value of the goods resulting from their use in a manner other than that necessary to establish the nature, characteristics, and functioning of the goods.
If, due to their nature, the goods cannot be returned by regular mail, the Privileged Buyer will also have to bear the direct costs of returning the goods. The Privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.
If it is necessary to refund the funds for a transaction made by the Privileged Buyer with a payment card, the Seller will refund the amount to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

The right to withdraw from a distance contract referred to in § 7 of the Terms and Conditions does not apply to contracts:
where the subject of the service is non-prefabricated goods, manufactured according to the specifications of the privileged Buyer or serving to satisfy their individual needs;
where the subject of the service is goods that spoil quickly or have a short shelf life;
where the subject of the service is goods delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery;
where the subject of the service are goods which, after delivery, due to their nature, are inseparably connected with other items;
where the subject of the service are audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
for the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements;
where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period.

§ 9 COMPLAINTS

AND GENERAL PROVISIONS
The Seller shall be liable to the Buyer for the conformity of the service with the contract, as provided for by generally applicable laws, including in particular the provisions of the Consumer Rights Act.
The Seller requests that complaints (including those concerning the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Regulations.
If a warranty has been granted for a product, information about it and its terms and conditions is available in the Store.
The Seller shall respond to the complaint within 14 days of its receipt.

II PRIVILEGED BUYERS

Goods
In the event of non-compliance of the goods with the contract, the privileged buyer has the right to exercise the rights specified in Chapter 5a of the Consumer Rights Act.
The Seller shall be liable for any non-compliance of the goods with the contract existing at the time of delivery and revealed 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.
Pursuant to the provisions of the Consumer Rights Act, in the event of non-compliance with the contract, the privileged Buyer may demand:
replacement of the goods,
repair of the goods.
In addition, the privileged buyer may submit a statement regarding:
a price reduction,
withdrawal from the contract
in a situation where:
The seller refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
the Seller has not brought the goods into conformity with the contract in accordance with Article 43d(4)-(6) of the Consumer Rights Act;
the goods are still not in conformity with the contract, despite the Seller's attempts to bring them into conformity with the contract;
the non-compliance of the goods with the contract is so significant that it justifies 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 circumstances that it will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the privileged Buyer.
In the case of goods subject to repair or replacement, the privileged Buyer should make the goods available to the Seller. The Seller shall collect the goods from the privileged Buyer at its own expense.
The privileged Buyer may not withdraw from the contract if the non-conformity of the goods with the contract is insignificant.
In the event of withdrawal from the contract referred to in this section (concerning goods), the Privileged Buyer shall immediately return the goods to the Seller at the Seller's expense, to the address Kazimierza Porębskiego 50C/37 80-180 Gdańsk. The Seller shall refund the price to the Privileged Buyer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
The Seller shall refund the Privileged Buyer 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 Privileged Buyer's statement on the price reduction.
Out-of-court methods of handling complaints and pursuing claims
The Seller shall inform the Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court.

Consumers can seek assistance from the relevant European Consumer Centre within the European Consumer Centres Network. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance provided by European Consumer Centers is generally free of charge. A list of Consumer Centers competent for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
Consumers can seek assistance from the relevant European Consumer Centre within the European Consumer Centres Network. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance provided by European Consumer Centers is generally free of charge. A list of Consumer Centers competent for a given country can be found at: https://konsument.gov.pl/eck-w-europie/

In addition, the following forms of support are available in the Republic of Poland:
mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates can be found here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
assistance from the competent local permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before 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
The above provision is for information purposes only and does not constitute an obligation on the part of the Seller to use out-of-court dispute resolution methods.
The use of out-of-court methods of complaint handling and claim pursuit is voluntary for both the Seller and the Consumer.
The Consumer may additionally seek free assistance from the municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

In the event of a defect in the goods, a Buyer other than a Privileged Buyer may file a complaint about the defective goods on the basis of the warranty provided for in the Civil Code.
The Seller is liable to a Buyer other than a Privileged Buyer under the warranty if a physical defect is found within two years from the date of delivery of the goods to the Buyer.
In accordance with the Civil Code, a Buyer who is an entrepreneur other than a privileged entrepreneur loses their rights under the warranty if they have not examined the goods in a timely manner and in a manner accepted for goods of this type and have not immediately notified the Seller of the defect, and if the defect only became apparent later - if they did not notify the Seller immediately after discovering it. To meet the above deadline, it is sufficient to send a notification of the defect before its expiry.
When exercising the warranty, a Buyer other than a privileged Buyer may, under the terms of the Civil Code:
submit a statement requesting a price reduction,
in the case of a significant defect, submit a statement of withdrawal from the contract,
request replacement of the goods with goods free from defects,
request removal of the defect.
If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller, the Buyer other than the privileged Buyer is obliged to deliver the goods to the address Kazimierza Porębskiego 50C/37 80-180 Gdańsk.

§ 10 PERSONAL DATA

The Seller is the administrator of personal data provided by the Buyer when using the Store. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as data recipients – can be found in the privacy policy available in the Store – due to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – “GDPR”.
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 fulfill orders. The basis for the processing of personal data in this case is:
a contract or actions taken at the Buyer's request, aimed at its conclusion (Article 6(1)(b) of the GDPR),
the Seller's legal obligation, related in particular to accounting and product safety (Article 6(1)(c) of the GDPR), and
the Seller's legitimate interest in processing data for the purpose of establishing, pursuing, or defending any claims (Article 6(1)(f) of the GDPR).
Providing data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract in the Store.
The Buyer's data provided in connection with purchases in the Store will be processed until:
the contract concluded between the Buyer and the Seller ceases to be valid;
the Seller is no longer under a legal obligation to process the Buyer's data;
the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded by the Store ceases to exist;
the Buyer's objection to the processing of their personal data is accepted – if the basis for data processing was the legitimate interest of the Seller
– depending on what applies in a given case.
The Buyer has the right to request:
access to their personal data,
its rectification,
deletion,
restriction of processing,
transfer of data to another controller
as well as the right:
to object at any time to the processing of data for reasons related to the Buyer's particular situation – to the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on the legitimate interests pursued by the Seller).
In order to exercise their rights, the Buyer should contact the Seller using the details provided in § 2 of the Terms and Conditions.
If the Buyer considers that their data is being processed unlawfully, they may lodge a complaint with the competent data protection authority. In Poland, this is the President of the Personal Data Protection Office.

§ 11 RESERVATIONS

The Buyer is prohibited from providing illegal content.
Each order placed in the Store constitutes a separate agreement and requires separate acceptance of the Terms and Conditions. The agreement is concluded for the duration and purpose of the order.
All agreements concluded on the basis of these Terms and Conditions are subject to Polish law, subject to paragraph 4.
The choice of Polish law for contracts concluded with the Consumer on the basis of the Terms and Conditions does not waive or limit the rights of the Buyer under mandatory provisions of law applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Terms and Conditions or Polish law, such broader protection shall apply.
Contracts concluded on the basis of the Terms and Conditions are concluded in Polish.
In the event of a dispute with a Buyer who is not a privileged Buyer in connection with a contract concluded through the Store, the competent court shall be the court competent for the Seller's registered office.
The use of the Store's website and the functions available on it shall be governed by the Terms and Conditions of the website, available in the Store.
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Appendix 1 to the Terms and Conditions
Below is a model withdrawal form, which the Consumer or Privileged Entrepreneur may, but is not required to, use:

CONTRACT WITHDRAWAL FORM TEMPLATE
(this form should be completed and returned only if you wish to withdraw from the contract)

Noble Art Creation Marcin Donaszewski
Kazimierza Porębskiego 50C/37 80-180 Gdańsk
e-mail address: nobleartcreationmd@gmail.com

- I/We(*) ..................................................................... hereby inform(*) about my/our withdrawal from the contract of sale of the following goods(*) / for the provision of the following service(*):

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

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

.......................................................................................................................... ....................................................
- Name and surname of the Consumer(s)/Entrepreneur(s) with preferential treatment:

................................................................................................................ 
- Address of the Consumer(s)/Entrepreneur(s) entitled to preferential treatment:

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

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

.............................................................................................
Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if the form is sent in paper form)

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

(*) Delete as appropriate.