The owner of an online store under the domain of PPHU ARTGRAF SEBASTIAN POPARDA with its registered office at ul. Stalowa 9, 55-220 Jelcz-Laskowice, NIP: 912-14-62-230 and e-mail: email@example.com, hereinafter referred to as “Seller” or “Seller”.
The seller conducts commercial activities in the field of sales of textile products made to order.
1. User – means a natural person with full legal capacity, (an unmarried person), a natural person with limited legal capacity (a person who is 13 or partially incapacitated) acting with the prior consent of its statutory representative (eg parent) , a legal person, an organizational unit that is not a legal person, the law grants legal capacity that appropriately purchases or intends to purchase goods from the Store or which uses or intends to use the “My Account” service and services provided by the Seller via road and electronic service.
2. Client – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality and having the capacity to perform acts in law, making a purchase with the Seller directly related to its business or professional activity.
3. Consumer – means a natural person performing a legal action not directly related
with her business or professional activity.
4.The buyer – both the Consumer and the Customer.
5. Electronic Service – a service provided electronically by the Seller to the User through the Online Store.
6.Code of good practice – a set of rules of conduct, in particular ethical and professional standards, referred to in art. 2 points 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
7. Registration form – a form available in the online store that allows you to create a User Account.
8. Order form – an electronic service, an interactive form available in the online store that allows you to place an order, in particular by adding products to the electronic basket and defining the terms of the sales contract, including the method of delivery
9. My Account / User Account – an individual panel for each User launched on his behalf by the Seller, after the User has registered, within the scope of which the Shop provides services to Buyers, to facilitate the conclusion of a distance sale contract and contact with the Store, settlement of the contract , enabling the User to plan purchases and tracking selected goods.
10. Shopping basket means an interactive form available on the meganpoparda.com website, used to contact the Store and enable the Buyer to submit a purchase offer.
11. Contact details mean:
a) in the case of natural persons: name, surname, permanent residence address, correspondence address – if different from the registered address, e-mail address, contact telephone number.
If the service is requested for a business, the contact details of the natural person also include its company and tax identification number (NIP);
b) in the case of legal persons or an organizational unit that is not a legal person, which the law gives the legal capacity: name, registered office, correspondence address, tax identification number (NIP), e-mail address, contact telephone number.
2. Regulations – these Regulations for the provision of electronic services as part of the meganpoparda.com online store. 3. Online Store (e-Store or Shop) – Internet service available at meganpoparda.com through which the Buyer may in particular place orders
4.Product / Product – items that are sold in the store and can be the subject of the order by the Buyer.
5.Delivery – type of transport service together with the specification of the carrier and delivery costs given each time to the Buyer’s information when placing the order
6. Completion date – number of hours or working days on the product card. Working Days – days from Monday to Friday, excluding public holidays falling on these days.
7. Supplier – an entity that delivers the Goods.
8. Sales contract – a contract for the sale of Goods or Services within the meaning of the Civil Code, concluded between the Seller and the Buyer.
9. Order – Buyer’s declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and number of the Goods.
10.Commercial information / Newsletter – information intended, directly or indirectly, to promote sold goods and services as part of the activities conducted by the Seller.
1. These Regulations define the rules for using the e-Store available at meganpoparda.com and specify the terms and conditions for the provision of free electronic services provided by the Seller.
2. The Regulations are addressed both to consumers and to entrepreneurs using the Online Store.
3. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, Web Site, as well as to patterns, forms, logos and photos belong to the Seller, and their use may only take place in a specified manner and in accordance with the Regulations.
4. The Regulations shall specify in particular:
5. The rules for registering and using the account as part of the Store;
6. Terms and conditions for submitting orders via the Store via e-mail;
7. The principles of concluding the Contract for the sale of products using 8. The services provided as part of the Store;
technical requirements necessary to cooperate with the ICT system (personal computer, laptop, etc.) used by the Buyer,
9. Procedure of complaint proceedings.
10. Buyers can access these Regulations at any time via the link found on the meganpoparda.com Store main page and download it and print it out.
11. Confirmation of the essential provisions of the sales contract concluded between the Seller and the Buyer, occurs by sending the Buyer information to the e-mail address provided,
as well as in traditional form by attaching a printout of the confirmation of the contract to the shipment containing the ordered goods, possible documentation and a VAT invoice issued at the Buyer’s request.
12. The condition for using the services provided by the Store is to get acquainted with the description of the service, terms, price list and all provisions of these Regulations made available on the Store’s website.
13. The offer presented on the e-Shop website as well as the descriptions of the goods are only an invitation to submit offers, not an offer within the meaning of the Civil Code. The binding character – for the purposes of concluding a specific contract – is gained only upon confirmation of the order being accepted by the Seller
1. Technical requirements and cookies
In order to use the Online Store, the Buyer should have access to a computer station or terminal device that has:
a) access to the Internet;
b) correctly configured by any web browser;
c) an active and correctly configured e-mail account.
2. e-Shop allows you to order services using commonly available software,
in the form of web browsers that accept cookie files, e.g.: FireFox browser version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Internet Explorer version 7 or later, and Safari.
3. Shop with the prior consent of the buyer, user or their representative stores on their computer cookies that are necessary: to conclude a distance sales contract, its implementation and provision of the service “My account” and to facilitate the user and the Buyer using the Store website by maintaining the session (making it unnecessary to re-enter the password) and to create statistics for subpages.
4. Files entered by the Store to the Buyer’s computer, User or their representative do not collect their personal data, do not affect the configuration of the operating system or software and can be removed at any time.
5. The Service Recipient may at any time delete the cookies placed or block the placement of cookies using the options available in his web browser.
Registration in the e-Store and setting up a User Account
1. In order to create a User Account, the Buyer makes a free registration.
2. Registration takes place by completing the registration form, available in the “Register” section.
3. In order to register, the Buyer should complete the registration form provided by the Seller on the Shop Website and send the completed registration form electronically to the Seller by selecting the appropriate function contained in the registration form.
4. When filling out the registration form, the Buyer has the opportunity to read the Regulations, accepting its contents by marking the appropriate field on the form.
5. Registration in the Online Store, as well as the use of the functionality of the Online Store are free of charge.
6. When registering, an Account is created in which data and information are collected
about the buyer. The provision of services under the Account is for an indefinite period.
7. After sending the completed registration form, the Buyer receives, without delay, by e-mail to the e-mail address provided in the registration form, the Registration confirmation by the Seller. The contract for the electronic provision of the User Account service is concluded from this moment, and the Buyer obtains the possibility of accessing the User Account and making changes provided during the Data Registration, with the exception of the Login.
8. The “My Account” service has been provided since the account was activated.
9. Access to the User’s account is protected by an access password. The password is selected by the User.
10. The User may terminate the contract for the provision of the “My Account” service at any time
with immediate effect without giving a reason by deleting your account. In order to delete an account, all you have to do is send an e-mail to the Seller’s address with a request to delete it.
11. The above does not apply to situations in which the Seller is in the process of executing an order placed by the Buyer. In this case, the effect of the termination of the contract will take place at the time the order in question is fulfilled.
12. The Seller may terminate the contract for the provision of the “My Account” service if the User violates the provisions of these Regulations. The termination shall be effected by e-mail sent to the e-mail address indicated by the User in the account settings.
1.Through the Online Store, both Buyers registered and have an account on the site, as well as unregistered Buyers can make purchases.
2. Conclusion of the Sale Agreement between the Buyer and the Seller takes place after the Buyer has placed an Order using the Order Form in the Online Store.
3.The Electronic Order Service is provided free of charge by the Seller and is of one-time nature and terminates upon the submission of the Order or upon the earlier cessation of placing the Order by the Buyer.
4. When placing an order, the Buyer is obliged to provide correct contact and personal details.
5. Before concluding the contract, the Buyer can check the availability of selected products. Information about availability is included in the description of each product.
6. The buyer has the opportunity to purchase photos of goods and the descriptions placed next to them on the store’s website before purchasing.
7. The Buyer, to place an Order, launches the basket by clicking on the selected goods the “add to basket” command and then in the order panel determines the number of pieces of the purchased goods.
8. At its own discretion, the Buyer may return to the goods selection panel to add additional goods to the basket, remove the selected goods (“delete” command) or open the payment and delivery panel (“next” command) where the delivery method and payment form are defined.
9. After clicking “next”, the Buyer is moved to the panel delivery address where in the appropriate boxes gives contact details to enable the conclusion of the contract and its implementation.
10. The buyer should also read these regulations and accept it, which confirms by marking the appropriate statement.
11. During placing the Order – until the “I order with the obligation to pay” button is pressed, the Buyer has the possibility to modify the entered data and in the selection of the Goods. To do this, follow the messages displayed to the Buyer and the information available on the website.
12. Each time before sending the order to the Seller, the User is informed of the total price for the selected Goods and Delivery, as well as all additional costs which he is obliged to incur in connection with the conclusion of the sales contract.
13. Placing an order by the Buyer means submitting to the Seller an offer to conclude a contract for the purchase (purchase) of the ordered goods by the Buyer.
14. After placing an order, an electronic confirmation of receipt by the Seller of an order together with an email will be sent to the email address provided by the Buyer
with a summary.
15. The summary of the placed Order will contain information regarding:
16. Store data including the exact mailing address, e-mail address and telephone number;
17. the unit and total price of all products;
18. order price = total product price + contract performance costs (including payment and delivery);
19. the form of delivery – including the date on which the delivery will take place and if there are any restrictions on the delivery, e.g. weight or location;
20. payment method;
21. information about the right to withdraw from the contract without giving a reason within 14 days;
22. information about the right to warranty;
23. The sales contract is concluded in Polish.
24. The Buyer may place orders in the Online Store via the Online Store Website, 7 days a week, 24 hours a day.
Prices and payment methods
1. The prices listed in the e-Shop are expressed in Polish zlotys and include VAT [JD1]. The seller allows you to buy goods in other currencies.
2. Product prices do not include delivery costs.
3. Information on the total value of the order is always presented in the Basket after the Buyer chooses the delivery form of the subject of the order and the payment method.
4. The buyer can choose the following payment methods:
5. bank transfer to the Seller’s bank account (in this case, the order will be processed after the Buyer sends the confirmation of the order to the Buyer and after the funds have been credited to the
Seller’s bank account);
6. bank transfer via PayPal’s external payment system, PayU (the order will be executed after the Seller receives information from the system about the payment made by the Customer).
7. card payment to the Seller’s bank account (in this case, the order will be processed after the Buyer sends the confirmation of the order to the Buyer and after the funds have been credited to the Seller’s bank account).
8. cash on delivery, payment of the Supplier when making the Delivery (in this case, the implementation of the order will be started after sending the confirmation of the order to the Buyer by the Seller).
9. If the Customer fails to make the payment within the deadline specified in the order, the Seller shall provide the Customer with an additional deadline for making the payment and informs the Customer about it on a Durable medium. In the event of the ineffective expiration of the second deadline for making the payment, the Seller will send the Customer a durable medium a statement of withdrawal from the contract pursuant to art. 491 of the Civil Code.
Implementation of the Order and Delivery of the Goods
1. The Seller is obliged to deliver the Goods which are the subject of the Sales Agreement without defects.
2. Orders are processed on working days from Monday to Friday.
3. Orders placed on non-working days are treated as made on the first working day following the day of placing the order.
4. When describing each of the goods, information about the time of shipment is placed, which determines the estimated time from placing the order until delivery of the package for transport. A package with ordered products is sent when all selected items are available.
5. The order processing time starts running at the moment of providing the Seller with all the details necessary to perform the order, i.e. size confirmation, color of the purchased products, delivery address, payment method (in the case of payment to the account, payment dates on the selected bank account) and the selected means of transport .
6. The cost of shipping is covered by the Buyer.
7. In certain cases, the payment for the delivery of ordered goods may be transferred
in whole or in part for the Seller.
8. If you make purchases for PLN 500, the Seller covers the cost of transport in Poland.
9. In the event that the Customer wishes to place an order that would be delivered outside the Republic of Poland, the Customer should contact the Seller in order to individually determine the conditions for the execution of such an order, including in particular delivery costs of products covered by such an order.
10. The delivery of purchased products is done by sending the Goods using the selected carrier option to the address of the Buyer specified in the order form.
11. The seller is responsible for the risk of accidental loss or damage to the goods
until the Consumer receives it.
12. In the event of an unjustified refusal to collect the parcel by the Buyer who is a Consumer and does not use the option of withdrawing from the contract within 14 days from the date of refusal to collect the parcel, the Seller has the right to charge the Buyer for shipping and return to the sender. If an unjustified refusal to accept the shipment is made by an entity that is not a Consumer, the Seller may charge it in each case for the cost of the shipment.
Complaints related to orders
1.The seller based on art. 558 § 1 of the Civil Code completely excludes liability to customers for physical and legal defects (warranty).
2. In the event of defects or non-compliance of the Goods with the offer, the Consumer has the right to complain about the Goods by notifying the Seller and submitting a declaration of intent in any form, in particular:
3. in writing to the following address: PPHU ARTGRAF Sebastian Poparda ul. Stalowa 9, 55-220 Jelcz-Laskowice
The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
3. A complaint should contain the following data:
4.first name and last name;
5. mailing address, as well as e-mail address and telephone number;
6. the subject of the complaint;
7. the reason for the complaint;
8. claim to investigate the complaint;
9. signature. (handwritten signature in the case of a complaint filed by post).
10. In the case of a contract with a Consumer, if a physical defect was found within one year of the delivery of the item, it is assumed that it existed at the time the danger passed on to the Consumer.
11. The consumer, if the item sold has a defect, may:
12. make a statement about the demand to lower the price;
13.submit a statement of withdrawal from the contract, unless the Seller immediately and without excessive inconvenience for the Consumer exchanges the defective product for a defect-free one or removes the defect.
14. Consumer, instead of the defect proposed by the Seller, demand replacement of the item for free from defects, or instead of replacing things, demand removal of the defect, unless bringing things to compliance with the contract in the manner chosen by the consumer is impossible or would require excessive costs compared to the method proposed by the seller , while the cost of things free of defects is taken into account when assessing the cost overruns, the nature and significance of the defect found, and the inconvenience to which the Consumer would otherwise expose them.
15. The consumer can not withdraw from the contract if the defect is irrelevant.
16. The consumer, if the item sold has a defect, may also:
17. demand the exchange of things for something free from defects;
18. request removal of the defect.
19. The seller is obliged to replace the defective item with one free from defects or remove the defect
within a reasonable time without excessive inconvenience to the Consumer.
20. The Seller may refuse to satisfy the Consumer’s request if it is impossible to bring the defective item into conformity with the contract in a manner chosen by the buyer or would require excessive costs compared to the second possible way to bring it into compliance with the contract.
21. The consumer who exercises the rights under the warranty is obliged to provide the defective item at the expense of the Seller to the address of the complaint, and if due to the type of thing or the method of its installation, delivery of things by the Consumer would be excessively difficult.
22. The consumer is obliged to provide the item to the Seller in the place where the item is located. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to send back the items at the expense and risk of the Seller.
23. The costs of replacement or repair shall be borne by the Seller.
24. The seller is obliged to accept from the consumer a faulty item in the event of replacing the item with a non-defective one or withdrawing from the contract.
25. The seller will respond to the Consumer’s demands within fourteen days. Otherwise, it is considered that he considered the Consumer’s statement or demand justified.
26. The seller is liable under the warranty if the physical defect is found before the expiration of two years from the date of delivery of the item to the consumer, and if the object of sale is used before the expiry of one year to the consumer.
27. If, due to a defect of things, the Consumer has made a declaration of withdrawal from the contract or a price reduction, he may demand compensation for the damage suffered because he entered into a contract without knowing the defect, even if the damage was due to circumstances for which the Seller is not liable, in particular, it may demand reimbursement of the costs of concluding the contract, costs of collecting, transporting, storing and insuring the thing, reimbursement of the expenses incurred to the extent that it did not benefit them, and did not receive reimbursement from the third party and reimbursement of the process costs. This does not prejudice the provisions on the obligation to repair damage on general principles.
28. The consumer also has the option of using out-of-court complaint and claim handling methods such as: Mediation at provincial inspectorates of the Trade Inspection, Permanent Consumer Amicable Courts, Consumer Ombudsmen, Non-governmental Organizations.
29. Detailed information on the possibility of the Buyer being a Consumer from out-of-court ways of recognizing a complaint and seeking their claims and rules for access to amicable dispute resolution procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks should be consumer protection, Provincial Inspectorates of Trade Inspection, as well as the Office for Competition and Consumer Protection with its registered office in Warsaw.
30. If the buyer is a consumer, all disputes arising from the Store’s rules or sales contracts may also be resolved by the internet platform http://ec.europa.eu/consumers/odr/
1. Warranty claims are considered in accordance with the terms of the warranty, if it has been granted for the given Product.
2. The warranty rights and entitlements due to the Consumer from the Seller under the warranty are independent from each other.
The right to withdraw from the Sales Agreement
1. The right to withdraw from a distance contract is not payable to the Consumer, including
in relation to contracts the subject of which is a non-prefabricated product, manufactured according to the Consumer’s specification or serving to satisfy his individual needs.
2. The right to withdraw from a distance contract is also not entitled to the Consumer
in relation to contracts for the provision of services, if the Seller has fully performed the service with the express consent of the consumer who was informed before the provision that he would lose the right to withdraw from the contract after the performance of the service.
3. In relation to customers, the right to withdraw from the contract is excluded.
4. Subject to §10 point 1 to 2 of these Regulations, the Buyer being a Consumer,
who concluded a Distance Selling Agreement, may withdraw from it without giving any reason within 14 days.
5. In the event of withdrawal from a distance contract, the contract is considered null and void. What the parties have witnessed is returned unchanged.
6. The deadline to withdraw from the Sales Agreement expires after 14 days from the date on which the Consumer came into possession of the Good or from the date of receipt by the Consumer of the last part of the order – if the order is implemented in parts.
7. To meet the deadline, it is enough to notify the Seller in verbal, written or in writing
otherwise chosen by the Consumer, to submit a statement of withdrawal before the time expires to submit it.
8. The Consumer may use the following form of the withdrawal from the Contract of Sale, however it is not obligatory.
8. If the Consumer uses the option of informing the Seller about the withdrawal from the Sales Agreement via e-mail or other electronic communication, the Seller will immediately send to the Buyer confirmation of receipt of information about the withdrawal from the Sales 9. Agreement on a durable medium (for example by e-mail).
Not later than within 14 days from the day of submitting the declaration of withdrawal from the contract or along with this statement, the Consumer delivers or sends to the Shop’s address the purchased goods
unchanged, unless the change was necessary within the ordinary management.
10. The consumer is not responsible for exercising his right to withdraw from the contract, except for the direct costs of sending the goods back to the Store.
11. If the returned goods are incomplete or bear traces of use, going beyond the ordinary management of the thing, the consumer is liable for a decrease in the value of the goods.
12. The Seller shall immediately, no later than within 14 days from the date of receipt of the consumer’s statement of withdrawal, return the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agreed otherwise; in any case, the Consumer will not incur any fees in connection with the return.
13. Within 14 days from the date of receipt by the Seller of the Consumer’s statement
on withdrawal from the contract, the Seller is obliged to return to the Consumer all payments made by him, including the cost of delivering the goods. The above does not apply to the cost of sending the goods back to the Store.
14. If the Seller has not offered to collect the item from the Consumer, he may withhold the refund of payments received from the Consumer until he receives the items back or the Consumer provides proof of return, depending on which event occurs first.
15. If the consumer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller is not obliged to reimburse the consumer for additional costs incurred by him.
16. If the contract was concluded outside the business premises and the item was delivered to the consumer to the place where he resided at the time of conclusion of the contract, the seller is obliged to collect the goods at his own cost, if due to the nature of the item, it can not be returned
in the usual way by mail.
17. If at the express request of the consumer the service is to be performed before the end of the withdrawal period, the seller shall require the consumer to make a clear statement containing such request. If the consumer exercises the right to withdraw from the contract after submitting the above-mentioned the demand is obliged to pay for the benefits fulfilled until the withdrawal from the contract.
18. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
19. The right to withdraw from the contract is not payable if the Seller provides:
19.1 non-prefabricated items, manufactured according to specifications provided by the consumer or serving to satisfy his individual needs;
19.2 in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
19.3 in which the subject of the benefit are things that after delivery, due to their nature, are inseparably connected with other things.
1. The Seller provides free of charge electronic services to the Buyers, such as: Form, Newsletter, User Account Maintenance.
2. Services are provided 7 days a week, 24 hours a day.
3. The Newsletter service can be used by any Buyer who will give separate consent to receive commercial information and enter his e-mail address using the registration form provided by the Seller on the Shop Website. After sending the completed registration form, the Buyer receives immediately, by e-mail, an e-mail address provided in the registration form, confirmed by the Seller. At that moment, an agreement for the provision of the Newsletter service by electronic means is concluded.
4. Each newsletter contains information about the possibility and method of withdrawal from the free Newsletter service.
5. The Buyer may at any time opt out of receiving the Newsletter by unsubscribing from the subscription via the link provided in each e-mail sent as part of the Newsletter service or by activating the relevant field
in the User’s Account.
1. The Seller of the Buyers’ personal data provided to the Seller on a voluntary basis as part of the Registration, placing a single order and as part of the Seller’s provision of services electronically or under other circumstances specified in the Regulations is the Seller.
2. Personal data provided when placing the order will be processed for the purpose of sales and services ordered by the Buyer, consideration of withdrawal from the contract, returns made on the basis of a complaint or guarantee – pursuant to art. 23 sec. 1 point 3 of the Act on the Protection of Personal Data (Journal of Laws from 1997 No. 133, item 883, as amended), and performance of duties resulting from generally applicable provisions establishing tax and reporting obligations – pursuant to Art. 23 section 1 point 2 of the said Act – and in justified cases also for the purpose of claiming receivables – pursuant to art. 23 sec. 1 point 5 in conjunction from art. 23 sec. 4 point 2 of the above-mentioned Act.
3. The Seller processes the Buyer’s personal data also in order to provide the Seller with electronic services and other purposes specified in the Regulations. The data is processed only on the basis of legal provisions or consent expressed by the Buyer in accordance with applicable law.
4. Providing the required personal data by the Buyer is necessary for the implementation of the order. All personal data that are not necessary to achieve the above-mentioned purposes are immediately deleted by the Administrator.
5. The Seller protects the personal data provided to him and makes every effort to protect them against unauthorized access or use.
6. The Seller provides personal data of the Buyer to the Supplier to the extent necessary to perform the Delivery.
7. Anyone who provides his personal data to the Seller has the right to access their content and to correct it.
8. The buyer has the right to access their personal data, correct them, demand to stop processing them, object to their processing and remove them.
Consent to data processing may be withdrawn at any time by submitting an appropriate statement to the Seller on a durable medium. The statement may be sent, for example, to the Seller’s address via e-mail.
In order to access or correct processed personal data, you must send such a request to the Seller at the following address: PPHU ARTGRAF Sebastian Poparda, ul. Stalowa 9, 55-220 Jelcz-Laskowice or via e-mail firstname.lastname@example.org
Buyer’s obligations and protection of intellectual property
1. The buyer is obliged in particular to:
2. It is forbidden to use any materials published on the Store’s website (including photos and descriptions of the Goods) without the Seller’s written consent.
3. Use the e-Store in a way that does not interfere with its operation, in particular through the use of specific software or devices;
4. Not to take actions such as sending unsolicited commercial information (spam) to the e-Store;
5. Use the e-Store in a way that is not inconvenient for other Buyers and for the Seller;
6. Use all content contained in the e-Store only for personal use;
7. Use the e-Store in accordance with the provisions of Polish law, the provisions of the Regulations and the general rules of using the Internet.
Enjoy your shopping!