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Definitions

Working days – all days of the week from Monday to Friday, excluding the days non-working by law.

Form for return of purchased goods – a form delivered to the Client together with purchased goods; using that form, the Client can withdraw from an agreement he made with the Shopkeeper.

Client – a natural legal person, legal entity or entity which does not have legal personality, that uses the Store’s website content and poses a potential buyer of products offered at the Store.

Regulations – present regulations.

Internet Store or Store – an internet store operating at the following web address: www.sklep.mypoland.com.pl; the Store’s administrator and owner is Irena Bieguńska, that runs business activity under the name of the My Poland Irena Bieguńska firm.

Shopkeeper – Irena Bieguńska, that runs business activity under the name of the My Poland Irena Bieguńska firm, at the following address: Narciarska 21, 05-092 Łomianki, inscribed into the Central Business Activity Information Register (CEIDG) kept by the Minister of Economy, TIN (NIP number) 118-156-04-46, company registration certificate (REGON number): 146-32-03-78.

PayPal System – a system that enables sending and receiving payments via Internet by a person that has an email address. The payment is made with usage of credit card or capital accumulated on previously set PayPal account, that can be supplied with bank account or other PayPal account money transfers.

Sales contract – a sales contract for a product offered at the Internet Store operating at the web address: www.mypoland.com.pl, drawn up between the Shopkeeper and the Client.

Individual order – an order for preparation of a specific product of parameters and properties defined by the Client, if such product is not included in current Store’s offer; only artistic handicraft or product inspired by Polish folklore can be ordered individually.

 

General provisions

  1. My Poland Internet Store, operating at the following web address: www.sklep.mypoland.com.pl, is kept by the Shopkeeper.

  1. Regulations regulate rules of purchasing products offered at the Internet Store, define rights and duties of the Clients and the Shopkeeper and regulate rules of responsibility of the Shopkeeper.

  1. Regulations include required provisions of terms of service for electronically supplied services, mentioned in article 8 of the Act of 18 July 2002, on Providing Services by Electronic Means. Moreover, Regulations include informations concerning remote agreements, required with respect to the Clients being natural legal persons purchasing products offered at Internet Store for the purposes not connected with business activity they run (consumers), according to Act of 2 March 2000, on the protection of certain consumer rights and on the liability for damage caused by a dangerous product.

  1. Regulations are made accessible for the Clients free of charge, before their registration at the Store. Regulations are placed on the Store’s website in the way that enables gaining, reproducing and recording of their content with usage of the Client’s teleinformatic system.

  1. The Shopkeeper commits herself to sell products offered at the Internet Store in accordance to Regulations.

  1. The Client is bound to abide by the provisions of the Regulations from the moment of registration at the Internet Store.

Technical requirements for accessing the Internet Store

  1. In order to access the Internet Store, it is indispensable that the Client makes use of the device that enables access to the Internet and the software that enables browsing of websites.

  1. Proper usage of the Internet Store is possible after activation of the option of “cookies” files acceptance in the Client’s browser.

Offered products

  1. The subject matter of the Internet Store sales offer are products posing works of artistic handicraft and products inspired by Polish folklore, which are presented on the website accessible at the following web address: www.sklep.mypoland.com.pl. All indispensable informations concerning products, enabling their selection and assessment are placed on the Store’s website.

  1. In principle, products offered at the Store are manufactured with maintenance of regional, local type of work and every features and attributes connected with this fact. The majority of offered products is hand made with application of traditional tools and methods of manufacture, without the application of methods employed in mass industrial production. Simultaneously, particular products can be manufactured with application of manual and machine or machine method and that circumstance is specified by the given product.

  1. Placing an Individual Order for the product which is not included in current Store’s offer by the Client is permissible. In the case of obtainment of an Individual Order, the Internet Store will determine each time the possibility and conditions of its realization, especially the price of the product and the date of its accomplishment.

 

Registration and setting up an account

  1. The Client interested in purchase of products offered at the Internet Store can register in the Store by filling the registration form correctly – at least those fields marked as obligatory should be filled. The data provided in the registration form is used for improvement of security of the Client and to make successive shopping easier owing to taking an advantage of the Client’s account.

  2. The Client interested in purchase of products offered at the Internet Store, who is not willing to register in the Store, may purchase by using the purchasing option without registration and by filling the dispatch form - at least those fields in the form marked obligatory should be filled.

  3. The Client, sending the registration form or the dispatch form, declares that:

    • the data provided is correct on its merits and consistent with the actual facts;

    • the data provided does not violate any rights of third parties;

    • is acquainted with the Regulations and commits himself / herself to abide by the provisions of the Regulations.

  4. After the abtainment of the correctly filled registration form, the Shopkeeper will create the unique account for the Client. The Client obtains the access to his / her account with application of the password chosen by him / her. The Client is bound to keep confidentiality of this password and bears exclusive responsibility for damages caused by its disclosure to third parties.

 

Entering the Sales contract

  1. The Client interested in purchase of products offered at the Internet Store, places order by marking and accepting chosen product. This product is placed in his “shopping cart”.

  1. The Store permits also placing orders via email – provided that the Client sends data necessary for realization of the order at the following email address: sklep@ mypoland.com.pl. Individual orders can be placed exclusively via email.

  1. In the case of the order placed via email, the Client is bound to provide at least his / her name and surname with his address or the name of his / her firm or company and its address, delivery address, contact number, product’s name and quantity of ordered items. Placement of Individual order requires, apart from the data mentioned above, providing the parameters characterizing the ordered product and enabling its manufacture, such as: material of which the product should be made, size, colour, etc.

  1. The informations concerning particular products, placed on the Store’s website, do not pose an offer under the Articles of the Civil Code, but invitation to making an agreement. By placing order in the way consistent with above mentioned rules, the Client places the offer to buy given product. Placement of order in other way is ineffective and it will not lead to entering the Sales contract with the Shopkeeper.

  1. Entering the Sales contract takes place as a result of the Shopkeeper’s confirmation of order’s acceptance. Acceptance of order is confirmed via email. The Shopkeeper is bound to confirm the acceptance of order within 2 working days from the day of its obtainment or reject the acceptance of order in this time limit, if the order cannot be realized in accordance to the rules of the Regulations, through no fault of the Shopkeeper.

  1. In the case of the Client’s Individual order placement, the Shopkeeper is bound to reply via email in the shortest possible time limit, informing about the possibility of realization of the order and the conditions of realization. In such case, entering the Sales contract takes place after the Client’s confirmation of his / her will of placing the order under conditions defined by the Shopkeeper. The Client has the right to deny entering the Sales contract after obtainment informations defining conditions of its accomplishment from the Shopkeeper.

  1. Through entering the Sales contract, the Shopkeeper commits herself to deliver agreed product to the Client and pass the property right for that product on to the Client, while the Client commits himself / herself to receive the product and to pay agreed amount of money.

 

Order changes and order cancellation

  1. The Client has the right to change his / her order or to cancel it till the moment the Shopkeeper confirms order’s acceptance or – in the case of the Individual order – till the moment the Client confirms his / her order.

  1. Information about the change or cancellation of order will be accepted by the Shopkeeper provided that it will be sent at the following email address: sklep@mypoland.com.pl. The Client is bound to provide the number of placed order in an email.

 

Products prices

  1. Prices of all products offered at the Internet store are presented in PLN currency. In the case of the offer directed to the natural legal persons, prices include Value Added Tax – VAT of rate obligatory in the day of order placement. In the case of the offer directed to the entrepreneurs, given basic price is a net price, while the price including VAT is presented in brackets, by the net price.

  1. The Client can use currency translator available in the Store to estimate an approximate price in foreign currency for the product he / she is interested in. The estimated price in foreign currency is presented only for the informative purposes and it specifies approximately, with what amount of money the Client will be charged on the grounds of making a payment for the product purchased in the Store. Sales documents will contain only the initial product’s price presented in PLN.

  1. In the case of the order, which realization entails the duty of payment of additional taxes or duties concerned with the fact of product’s delivery to the territory beyond the Poland’s territory, the Client defrays all the additional expenses. These costs are beyond the Shopkeeper’s control and are determined by the laws being in force in the destination country. At the moment of entering the Sales contract, the Shopkeeper does not know the above mentioned costs and therefore the information of their amount is not announced to the Client. The amount of the additional costs and their payment conditions are fixed by the proper budgetary authorities, that simultaneously can give necessary information on the subject when it is needed.

  1. The price placed by the offered product becomes obligatory for the Shopkeeper at the moment of placing order by the Client. The price of the product ordered individually becomes obligatory for the Shopkeeper at the moment of passing the information of it to the Client.

  1. The Shopkeeper reserves the right to change the prices of products included in the Internet store’s offer. The change of the price does not influence the price of the products ordered before the change.

 

Payment rules

  1. The Shopkeeper supports the following options of payment for ordered products:

      • cash on delivery;

      • bank transfer;

      • PayPal transfer;

      • fast on-line money transfer or credit card payment throughout the medium of payment system external to the Store.

  1. The Client chooses the option of payment during placing the order. In the case of Individual order, the Client chooses the option of payment at the moment of the order’s confirmation.

  1. Products, for which the cash on delivery payment option has been chosen, will be sent at the delivery address provided with order. The Client is bound to pay for the delivered goods in cash straight the authorized employee of the entity delivering the goods. The payment of the whole amount due on the grounds of the order realization for the benefit of the Shopkeeper determines passing the product to the Client.

  1. The Client can choose the cash on delivery option of payment in the case when:

        • delivery address provided by the Client is beyond the Polish territory;

        • the subject matter of the realization is an Individual order.

  1. In the case of the payment by money transfer, the Client is bound to transfer whole the amount due to the agreed Shopkeeper’s bank account, including in the transfer name informations required by the Shopkeeper. If the Client chooses the money transfer option, the order will be realized after the booking of agreed amount due on Shopkeeper’s account.

  2. In the case of the payment made throughout the medium of payment system, regardless of chosen system option of payment, the payment is made according to the operation rules of the system.

  3. With reference to Individual orders, the Client pays in advance 100% of the order’s amount after his / her acceptance of conditions of order realization and the Store’s confirmation of the price and date of order realization. The order will be realized only after the Client makes a payment of the whole amount due for the benefit of the Store.

 

Products’ delivery

  1. The Shopkeeper delivers ordered products at the delivery address provided in order placed by the Client. There is no possibility of receiving the product directly in the Shopkeeper’s head office, the Shopkeeper does not have also direct sale points.

  1. On the territory of Poland, as well as beyond Polish territory, ordered products are delivered – according to the Client’s choice – by the Polish Post (Poczta Polska) or the entity supplying courier services. The delivery is realized under conditions defined by the entity, to which supply of the service was commissioned.

  2. The date of delivery depends on the kind of order and the option of payment chosen by the Client.

  1. The lead time for order realization for products included in current Store’s offer amounts to 2-7 working days calculated:

        • from the day of order obtainment – in the case of the chosen cash on delivery payment option;

        • from the day of booking of agreed amount due on the grounds of purchase product on Shopkeeper’s account – in the case of the chosen money transfer or credit card payment option;

        • from the day of obtainment of confirmation of payment from the PayPal system.

  1. The lead time for Individual order realization is agreed with the Client each time. The Client accepts as a fact, that the subject matter of the Sales contract is a product, that will be manufactured after he / she places the order. The lead time for order realization can exceed time limit of 30 days.

  1. Costs of delivery depend on the Client’s choice of the entity to which supply of the service will be commissioned and on the chosen option of payment. The Client is always informed about the costs of delivery before he enters the Sales contract.

  1. The Shopkeeper guarantees products delivery free of charge on the Polish territory if the combined order’s amount due exceeds 400 PLN.

 

Client’s products reception

  1. During product’s reception, the Client is bound to check its completeness and technical condition.

  1. The Client takes the responsibility for checking and assessment if the delivered product was mechanically damaged during its transport. Ascertainment of such damages should be signalized the supplier – writing out the damage protocol indicating the kind and probable reason of resultant damages is required. The protocol is signed by the Client and by the authorized employee of the entity delivering the goods. In the case of ascertainment of mechanical damages resultant during product’s transport, the Client is authorized to deny receiving the delivery.

 

Procedure for making a complaint

  1. The Client has the powers resultant from the Shopkeeper’s responsibility for product’s conformity with Sales contract.

  1. The Client has the right to make a complaint in the case of ascertainment of delivered product discrepancy with the Sales contract he entered with the Shopkeeper, especially when:

        • product has physical defects

        • product does not have properties or features about which the Shopkeeper assured the Client;

        • product is not consistent with its description placed on the Store’s website.

  1. The Client accepts as a fact, that overwhelming majority of products offered at the Internet store is hand made with application of traditional methods, what results in consequences concerning the quality of its accomplishment, such as e.g.:

        • product’s natural durability and its usable features (without the special chemical or machine interference in order to “improve” the product’s quality),

        • natural colouring of applied fibre and fabric,

        • unrepeatable, specific character of accomplishment of particular products resultant from the style and skills of particular authors.

  1. Products hand manufacture causes that every one of them is unrepeatable, even if they are manufactured according to the same pattern. That is why the product purchased in the Store can be slightly different from the product of the same kind presented at the Store.

  1. Common consequences of hand manufacture of products offered by the Store are part of their nature and they are not recognized as a products’ physical defects.

  1. Products presented in the photos placed on the Store’s website can slightly differ from the originals by their colour, despite the fact that the Store made an effort to take trusty photos – it is caused by the technical limitations of photographic equipment or the monitor of the device the Client uses to browse the Store’s offer.

  1. The Client has the right to make a complaint in the time limit not longer than 2 years from the purchase of product. The necessary condition enabling the complaint to be taken into consideration by the Shopkeeper is notification of product’s inconsistency with the Sales contract in the time limit of 2 months from the moment the Client perceived it.

  1. In order to take an advantage of powers related to the product’s conformity with the Sales contract, the Client is bound to send the complained product at his own expense. The product should be packed in the way preventing its destruction and damage during its transport. It should be sent at the following address: Narciarska 21, 05-092 Łomianki, together with exact description of perceived defect, the date of catching that defect and personal data enabling contact with the Client.

  1. The Client is bound to include the product’s Sales document – received VAT invoice, bill or other Sales document proving that the product was purchased in the Store – to the product sent back to the Shopkeeper.

  1. The Shopkeeper commits herself to start adjusting a complaint without delay, in the time limit not longer than 14 days from the day of obtainment delivery containing the product with its proof of purchase.

  1. In the case of admittance of a complaint, the product will be repaired by the Shopkeeper or replaced with the product consistent with the Sales contract.

  1. In the case when reparation or replacement of the product would be impossible or would entail excessive costs or the Shopkeeper would not be able to repair the product in fixed time, the Shopkeeper – in compliance with the Client’s wish:

        • will retain the complained product and will return to the Client costs of purchase of the product;

        • will return purchased product to the Client and, simultaneously, will decrease its price in proportion to the degree of the loss of its value resultant from its stated defect or other inconsistency with the Sales contract.

  1. The Shopkeeper reserves the right to refuse a complaint in the case when:

        • purchased product differs from the product ordered by the Client as a result of the settings or parameters of the monitor the Client used to watch the product in the Store the purchase;

        • products defects came into being through the fault of the Client, as a result of improper usage of the product, misusage, or preserving it in inappropriate storing etc.,

        • products damages came into being as a result of proper usage of the product and they pose the signs of normal wear.

  1. The Client is charged with the costs of packing and sending the complained product to the Shopkeeper. In the case of admittance of a complaint, these costs will be returned to the Client.

 

The right to withdraw from the Sales contract

  1. The Client has the right to resignation from the product purchased from the Shopkeeper in the time limit of one month since the day of reception the delivery containing the product, without the necessity of providing the reason of withdrawal.

  1. The Client can resign from the product only if the product was not destroyed or damaged in any way and has no signs of usage.

  1. The Clients purchasing the product by Individual order do not have the right to withdraw from the Sales contract.

  1. The Client can return the product to the Shopkeeper sending it back at the following address: Narciarska 21, 05-092 Łomianki, only with included proof of its purchase and properly filled Form for return of purchased goods, that is delivered to the Client together with purchased goods.

  1. In the case of withdrawal from the Sales contract and return of purchased product to the Shopkeeper by the Client, the Shopkeeper is bound to return to the Client costs of product’s purchase along with costs of delivery, but the Client is charged with the costs of sending the product back. Amount due on the grounds of withdrawal from the Sales contract will be delivered to the Client in a time limit not longer than 14 days since the day of obtainment returned product by the Shopkeeper.

 

Limitation of Shopkeeper’s liability

  1. The Shopkeeper does not bear responsibility for any damages resultant from the difficulties in utilization of the Internet Store or from lack of possibility of making use of the Internet store by the Client in the case when damages came into existence through Clients fault, e.g. impossibility of supply of order acceptance confirmation caused by overfilled Client’s email inbox.

  1. The Shopkeeper does not bear responsibility for:

        • any damages done to the third parties, resultant from the Clients’ unlawful usage of the Internet store in the way discordant with the Regulations;

        • damages resultant from the lack of continuity of the Store’s website accessibility on the Internet, resultant from the circumstances the Shopkeeper does not bear responsibility for, especially: act of God, third parties’ activities and faults;

        • false or incomplete informations provided by the Client and posing a basis for preparation of order for product offered at the Internet store.

 

Client’s personal data

  1. The Shopkeeper is an administrator of the Client’s personal data collected with application of registration form, dispatch form, order form or in other way for the purpose of entering the Sales contract.

  1. The Shopkeeper processes Client’s personal data within the scope of entrance, form of the content, change or withdrawal of the Sales contract, for the purpose of its proper realization.

  1. The Client can agree for utilization of his data by the Shopkeeper for marketing purposes, especially for obtaining commercial informations from the Shopkeeper. Client’s agreement for processing of his data for marketing purposes does not pose a condition of entrance into Sales contract for product offered at the Store.

  1. The Shopkeeper ensures the Clients free usage of the right of access to the content of their personal data and the right to correct their personal data.

  1. The Shopkeeper declares, that making the data known for the purpose of entrance into Sales contract for the product is free-will, but yet it is indispensable for the Sales contract realization, including settlement of payment and issuing a VAT invoice.

  1. The Shopkeeper entrusts to entities engaged in supplying to the Clients the products offered at the Store the task of processing personal data collected in connection with Sales contract realization, for the purpose of proper realization of products’ delivery within the scope indispensable for that purpose.

 

Copyright law

  1. The Store’s artwork, “My Poland” logo, photos and content placed on the Store’s website are protected by the copyright law. Utilization of any website’s elements (e.g. products’ photo reproduction or publicizing) without prior permission of the Shopkeeper or the authorized folk artist is forbidden and poses infringement of law.

 

Final provisions

  1. The Regulations enter into force on 15 November 2012.

  1. If any of the provisions of the Regulations will be overruled by a legally-binding decision of the court, remaining provisions stay in force.

  1. In the case of the amendments to the Regulations, they will enter into force after 2 weeks from date of publication on the Store’s website. The Clients who placed order before the date the Regulations amendments enter into force, will be served in accordance with previous wording of the Regulations.

  1. The Polish law has a use for matters not ruled by the present Regulations – including provisions of the Civil Code, provisions of the Act on the protection of certain consumer rights and on the liability for damage caused by a dangerous product and provisions of the Act on specific terms and conditions of consumer sale and amendments to the Civil Code.


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