§1
General provisions
- The store www.carlamoreno.pl operates on the terms set out in these regulations.
- The Regulations specify the conditions for concluding and terminating the product sales contracts and the procedure of complaint procedure, as well as the types and scope of services provided electronically by the store www.carlamoreno.pl, rules for the provision of these services, conditions for concluding and terminating contracts for the provision of electronic services.
- Each Service Recipient, when the activities aimed at using the electronic services of the store www.carlamoreno.pl, is obliged to comply with the provisions of these Regulations.
- In matters not covered in these regulations, the provisions apply:
- of the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended),
- Act on consumer rights of 30 May 2014 (Journal of Laws 2014 item 827),
- Act on non -court resolution of consumer disputes of September 23, 2016 (U. 2016 item 1823),
- The Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law.
§2
Definitions contained in the regulations
- Contact form - Form available on the website www.carlamoreno.pl enabling sending a message to the Service Provider.
- Form Registration - the form available on the website www.carlamoreno.pl enabling the creation of an account.
- Form Orders - the form available on the website www.carlamoreno.pl enabling the order.
- Customer - a recipient who intends to conclude or concluded a sales contract with the seller.
- Consumer - a natural person who performs a legal act with the entrepreneur not directly related to his business or professional activity.
- Account - marked with an individual name (login) and a password, a set of resources in the ICT system of the service provider, in which the recipient's data is collected, including information about the orders placed.
- Product - movable item or service available in the store,being the subject of the sales contract between the customer and the seller.
- Regulations - these Store Regulations.
- Store - Service Service Store operating at www.carlamoreno.pl.
- Seller , Service Provider - Michał Ławecki performing business activity under the company Michał Ławecki Carla Moreno entered in the Central Register and Information on the economic activity of the Republic of Poland kept by the minister competent for the economy, place of conduct and address for service: ul. Bursaki 6, 20-150 Lublin, NIP: 9462672827, REGON: 368177041, e-mail address (e-mail): carlamorenocollection@gmail.com, telephone number: 883 200 042
- Contract sales - Product sales contract concluded between the customer and the seller via the store.
- Service Electronic - a service provided electronically by the Service Provider to the Service Recipient via the Store.
- Service recipient - a natural person, legal person or organizational unit without legal personality, whose act grants the legal capacity using the electronic service.
- Order - Customer's declaration of will constituting an offer to conclude a product sales contract with the seller.
§3
information on products and their ordering
- via the website using the order form (shop www.carlamoreno.pl) - 24 hours a day,
- via e -mail to the address: Carlamorenocollection@gmail.com
- by phone at: +48 883 200 042
§4
Conclusion of a sales contract
- To conclude a sales contract, it is necessary for the Customer to place an order in advance by the Seller by the Seller, in accordance with § 3 item 6 and 8 of the Regulations.
- After placing the order, the seller immediately confirms its receipt.
- Confirmation of the acceptance of the order referred to in point 2 of this paragraph causes the Customer to be bound by its order. The order is confirmed by sending an e-mail.
- Confirmation of receipt of the order includes:
- Confirmation of all relevant elements of the order,
- withdrawal form,
- These regulations containing an instruction on the right to withdraw from the contract.
- Upon receipt of the email referred to in point 4 of this paragraph, the sales contract between the Customer and the Seller is concluded. \{002.
- Each sales contract will be confirmed by the proof of purchase (fiscal receipt or VAT invoice), which will be attached to the product.
§5
payment methods
§6
Cost, date and methods of product delivery
§7
Product complaint
- Complaints for warranty.
- for products offered in the store, the seller grants a warranty for a period of 24 months.
- The document entitling to exercise the warranty right is proof of purchase.
- Complaint for warranty.
- The basis and scope of the Seller's liability to the Customer who is a consumer or entity referred to in §10 of the Regulations under the warranty covering physical and legal defects, are specified in the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
- Notifications of product defects and submitting the appropriate request can be made via e-mail to the following address: Carlamorenocollection@gmail.com or in writing to the following address: Bursaki 6, 20-150 Lublin \{005
- In the above message in writing or electronic form, as much information and circumstances regarding the subject of the complaint should be provided, in particular the type and date of irregularities and contact details. The information provided will significantly facilitate and speed up the seller's complaint.
- To assess the physical defects of the product, it should be delivered to the following address: Bursaki 6, 20-150 Lublin.
§8
right to withdraw from the contract
Bursaki 6, 20-150 Lublin The consumer or entity referred to in § 10 of the Regulations be responsible for reducing the value of the product resulting from using it in a way that goes beyond the necessary character, features and functioning of the product. In order to determine the character, features and functioning of products, the consumer or entity referred to in § 10 of the Regulations should handle the products and check them only in the same way they could do in a stationary store. subject to point 6 and 8 of this paragraph, the Seller will refund the value of the product along with the costs of its delivery using the same payment method that the consumer used, unless the consumer or entity referred to in § 10 of the Regulations, clearly agreed to another return on them, which is not associated with any costs. Subject to point 7 of this paragraph, the return will take place immediately, and at the latest within 14 days from the moment the Seller receives a statement of withdrawal from the sales contract. If the consumer or entity referred to in § 10 of the Regulations, They chose the product delivery method other than the cheapest ordinary delivery method offered by the store, the seller is not obliged to reimburse them, additional costs incurred by them. If the seller has not proposed that he will collect the product from the consumer or entity referred to in § 10 of the Regulations, he may refrain from returning the payment received from the consumer until he receives the item back or delivered by the consumer or the entity referred to in § 10 of the Regulations, proof of its reference, depending on which event will occur in advance. The consumer or entity referred to in § 10 of the Regulations, departing from the Sales Agreement, in accordance with point 1 of this paragraph, only incur the costs of sending the Product to the Seller. The fourteen -day period, in which the consumer or entity referred to in § 10 of the Regulations may withdraw from the contract, counts from the day on which the consumer or entity referred to in § 10 of the Regulations, took possession of the product, and in the case of the service from the date of conclusion of the contract.
- in which the subject of the benefit is an unfabricated item, produced according to the consumer specification or to satisfy his individualized needs,
- in which the subject of the service is the item supplied in a sealed package, which after opening the packaging cannot be returned due to health protection or for hygiene, if the packaging has been opened after delivery,
- in which the subject of the benefit are things that, after delivery, due to their nature, are inseparably connected with other items,
- in which the subject of the provision is the service, if the seller fully performed the service with the clear consent of the consumer, which was informed before the commencement of the provision that after the Seller's fulfillment will lose the right to withdraw from the contract.
§9
Provisions regarding entrepreneurs (B2B)
- This paragraph includes provisions only regarding entrepreneurs not covered by protection arising from the Consumer Rights Act, referred to in § 10 of the Regulations .
- The seller has the right to withdraw from the sales contract concluded with a non -consumer customer within 14 business days from the date of its conclusion. Withdrawal from the sales contract in this case may take place without giving a reason and does not give birth to any claims against the seller on the side of the customer who is not consumer.
- The seller has the right to limit in relation to customers who are not consumers the payment methods provided by him, including the prepayment of the part or all of the sale price, regardless of the payment method chosen by the customer and the fact of the conclusion of the sales contract.
- The benefits and weights related to the product and the danger of accidental loss or damage to the product switch to a customer who is not a consumer when the seller releases the product to the carrier. In this case, the seller is not responsible for the loss, loss or damage to the product arising from the moment the product is taken to transport until the customer is issued, as well as for delay in the shipment.
- In the event of sending the product to the customer via the carrier, the customer who is not a consumer is obliged to examine the parcel in time and in the manner accepted for this type of shipment. If he finds that during the transport there has been a defect or damage to the product, it is obliged to perform all activities necessary to determine the carrier's responsibility.
- The Service Provider may terminate the contract for the provision of an electronic service with immediate effect and without indicating the reasons by sending the Service Recipient who is not a consumer of the declaration of termination.
§10
Provisions regarding entrepreneurs with consumer rights
(applicable from June 1, 2020)
An entrepreneur conducting a sole proprietorship (this paragraph does not apply to commercial companies) is protected by the provided for consumer law, provided that the sales contract he concludes with the seller is not professional. A person conducting business activity referred to in point 1 of this paragraph is protected only in the scope of:- illegal contractual provisions - the so -called abusive clauses,
- liability under the warranty for the physical and legal defects of the product, in accordance with § 7 of the Regulations,
- Rights with a distance contract, in accordance with § 8 of the Regulations.
§11
Type and scope of electronic services
- The service provider enables the use of electronic services through the store, such as:
- Conclusion of product sales contracts,
- Keeping an account in the store.
- The provision of electronic services to service recipients in the Store takes place on the conditions set out in the regulations.
- The service provider has the right to post advertising content on the store's website. These content is an integral part of the store and the materials presented in it.
§12
Conditions for the service and conclusion of contracts for the provision of electronic services
- The provision of electronic services specified in § 11 point 1 of the Regulations by the Service Provider is free.
- The period for which the contract is concluded:
- The agreement for the provision of an electronic service consisting in enabling the order in the Store is concluded for a fixed period and is terminated when the order is placed or the Service Recipient stops.
- The contract for the provision of an electronic service consisting in running an account in the store is concluded for an indefinite period.
- Technical requirements necessary to cooperate with the ICT system used by the Service Provider:
- Computer (or mobile device) with Internet access,
- Access to e -mail,
- Internet browser,
- Enabling cookies and javascript in the web browser
- The Service Recipient is obliged to use the Store in a manner consistent with the law and decency, having regard to respect for personal rights and intellectual property rights of third parties.
- The Service Recipient is obliged to enter data in accordance with the facts.
- The Service Recipient is forbidden to provide unlawful content.
§13
Complaints related to the provision of electronic services
§14
Conditions for terminating contracts for the provision of electronic services
§15
Intellectual property
- All content posted on the website at www.carlamoreno.pl benefit from legal and author protection (subject to § 15 point 3 and elements posted by service recipients, used on the basis of a license, transfer of property copyrights or permitted use) are the property of Michał Ławecki under the company Moreno, ul. Bursaki 6, 20-150 Lublin, NIP: 9462672827, REGON: 368177041. The Service Recipient bears full responsibility for the damage caused by the Service Provider, which is a consequence of the use of any content of the website www.carlamoreno.pl, without the consent of the Service Provider.
- any use by anyone, without a clear written consent of the Service Provider, any of the elements that make up the content and content of the website www.carlamoreno.pl constitutes a violation of the copyright of the service provider and results in civil law and criminal liability.
- All commercial names, product names, company names and their logo used on the store's website at www.carlamoreno.pl belong to their owners and are used only for identification purposes. They can be reserved trademarks. All material, descriptions and photos presented on the store's website at www.carlamoreno.pl are used for information purposes.
§16
Final provisions
- Agreements concluded through the Store are concluded in accordance with Polish law.
- In the event of non -compliance of any part of the Regulations with applicable law, the relevant provisions of Polish law apply to the challenged provision of the Regulations.
- Any disputes arising from sales contracts between the store and consumers will be resolved first through negotiations, with the intention of the amicable termination of the dispute, taking into account the Act on non -court resolution of consumer disputes. However, if this would not be possible, or it would be unsatisfactory for either party, disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.
- court resolution of disputes:
- Possible disputes arising between the Service Provider and the Service Recipient (Customer) who is also a consumer or entity referred to in §10 of the Regulations, are subject to the court competent in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
- Possible disputes arising between the Service Provider and the Service Recipient (Customer) who is not at the same time the consumer referred to in §9 of the Regulations, is subject to the court competent for the seat of the Service Provider.
- The customer who is a consumer also has the right to use out -of -court methods of resolving disputes, in particular by submitting an application for mediation or application for consideration of the case by the arbitration court after completing the complaint procedure (the application can be downloaded on the website http://www.uokik.gov.pl/download.php?plik=6223). The list of permanent amicable consumer courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also benefit from the free assistance of the poviat (municipal) consumer ombudsman or social organization, to which statutory tasks include consumer protection. Out -in -law pursuing claims after the complaint procedure is free.
- Consumer, in order to terminate the dispute, may in particular lodge a complaint via the ODR (online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.