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Statute

Regulations of the Manufaktura Bursztynnika online store

specifying, among others, rules for concluding sales contracts through the Store, containing the most important information about the Seller, the Store and Consumer rights

CONTENTS

§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping 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

Annex No. 1: Sample contract withdrawal form

§ 1 DEFINITIONS

Working days - days from Monday to Friday, except public holidays.
Consumer – consumer within the meaning of the provisions of the Civil Code.
Buyer – any entity purchasing in the Store.
Privileged Buyer - Privileged Consumer or Entrepreneur.
Privileged entrepreneur - a natural person concluding an Agreement with the Seller directly related to his/her business activity, not having a professional nature for him/her (the definition applies to contracts concluded from January 1, 2021)
Regulations – these regulations.
Store - Manufaktura Bursztynnika online store run by the Seller at www.bursztynnik.pl
Seller – The Amber Body Sp. z o. o. with its registered office at ul. Nadmorska 1, 76-107 Jarosławiec, entered into the National Court Register by the District Court in Koszalin, 9th Commercial Division of the National Court Register, under KRS number 0000862030, NIP 4990683571, REGON number 387116493, with a share capital of PLN 5,000.00.
Order – an order placed by the Buyer via the store, as a result of which a sales contract is concluded between the Buyer and the Seller. The order contains at least the designation of the selected goods, its price, payment method, delivery cost and address, and the Buyer's details, such as name, surname and e-mail address.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Nadmorska 1, 76-107 Jarosławiec
  2. E-mail address: kontakt@bursztynnik.pl
  3. Phone: +48 531 079 584
  4. Address for returning goods (in case of withdrawal from the contract): ul. Nadmorska 1, 76-107 Jarosławiec.
  5. Address for sending the complained goods: ul. Nadmorska 1, 76-107 Jarosławiec.

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, you need:
    • device with Internet access,
    • web browser that supports JavaScript and cookies.
  2. To place an Order in the Store, in addition to the requirements specified in section 1, an active email account is required.

§ 4 SHOPPING IN THE STORE

  1. The prices of goods visible in the Store are the total prices for the goods.
  2. The Seller points out that the total price of the Order consists of the price for the goods indicated in the Store and, if applicable, the costs of delivery of the goods.
  3. The product selected for purchase should be added to the cart in the Store.
  4. Then, the Buyer selects from those available in the Store: the method of delivery of the goods and the payment method for the Order, and provides the data necessary to complete the placed Order.
  5. The order is placed when its content is confirmed and the Regulations are accepted by the Buyer.
  6. Placing an Order is equivalent to concluding a sales contract between the Buyer and the Seller.
  7. The Seller will provide the Privileged Buyer with confirmation of the conclusion of the sales contract on a durable medium no later than upon delivery of the goods.

§ 5 PAYMENTS

  1. You can pay for your placed Order:
    1. using a payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    2. via the Przelewy24 payment platform (including Blik);
    3. via the Apple Pay mobile payment system;
    4. via the Google Pay mobile payment system.
  2. The payment card operator is PayPro SA Agent Rozliczeniaowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, REGON 301345068.
  3. If the Buyer chooses payment in advance, the Order must be paid within 3 business days of placing the Order.
  4. The Seller informs that in the case of some payment methods, due to their specificity, payment for the Order by this method is only possible immediately after placing the Order.
  5. The Seller informs that in the case of Orders to be delivered outside the country, payment is possible only immediately after placing the Order and only in Polish currency.
  6. When making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.

§ 6 ORDER EXECUTION

  1. The Seller is obliged to deliver the goods without defects.
  2. Orders placed:
    1. before 11 a.m. on a Business Day, are shipped on the day they are submitted;
    2. after 11 a.m. on a Business Day or on days that are not Business Days, are shipped on the next Business Day after the day the Order is placed.
  3. If the Buyer has chosen to pay in advance for the Order, the Seller will proceed to process the Order after it has been paid.
  4. In a situation where, as part of one Order, the Buyer purchased goods with different lead times, the Order will be completed on the date appropriate to the goods with the longest lead time.
  5. The goods are delivered only within the territory of the European Union countries.
  6. Goods purchased in the Store are delivered, depending on the delivery method chosen by the Buyer:
    1. Via a courier company;
    2. To InPost parcel lockers.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The privileged Buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The deadline to withdraw from the contract expires after 14 days from:
    1. in which the Privileged Buyer came into possession of the goods or in which a third party other than the carrier and indicated by the Privileged Buyer came into possession of the goods;
    2. in which the Privileged Buyer came into possession of the last item or in which a third party, other than the carrier and indicated by the Privileged Buyer, came into possession of the last item in the case of a contract obliging the transfer of ownership of several items that are delivered separately;
    3. in the case of other contracts - from the date of conclusion of this contract.
  3. In order for the privileged Buyer to exercise the right to withdraw from the contract, he or she must inform the Seller, using the data provided in § 2 of the Regulations, about his or her decision to withdraw from the contract by means of an unambiguous statement (for example, a letter sent by post or information sent by e-mail).
  4. The privileged buyer may use the sample withdrawal form at the end of the Regulations, but this is not obligatory.
  5. In order to meet the deadline for withdrawal from the contract, it is enough for the Privileged Buyer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal from the contract expires.

    EFFECTS OF WITHDRAWAL FROM THE CONTRACT
  6. In the event of withdrawal from the concluded contract, the Seller shall refund to the preferred Buyer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the preferred delivery method chosen by the Buyer 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 about the Privileged Buyer's decision to exercise the right to withdraw from the contract.
  7. The Seller will refund the payment using the same payment methods that were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to a different solution, and in any case the Privileged Buyer will not incur any fees in connection with this refund.
  8. The Seller may withhold the refund until receipt of the goods or until proof of its return is provided, depending on which event occurs first.
  9. The seller asks to return the goods to the following address: ul. Nadmorska 1, 76-107 Jarosławiec immediately, and in any case no later than 14 days from the date on which the Privileged Buyer informed the Seller of the withdrawal from the sales contract. The deadline is met if the Privileged Buyer returns the goods before the expiry of the 14-day period.
  10. The privileged buyer bears the direct costs of returning the goods.
  11. The privileged buyer is only liable for any reduction in the value of the goods resulting from using them in a manner other than what was necessary to establish the nature, characteristics and functioning of the goods.
  12. If, due to their nature, the goods cannot be returned by regular post, the Preferred Buyer will also have to bear the direct costs of returning the goods. The Seller will inform the Privileged Buyer about the estimated amount of these costs in the description of the goods in the Store or when placing the Order.
  13. If there is a need to refund funds for a transaction made by the Buyer with a payment card, the Seller will make the refund to the bank account assigned to this payment card.

§ 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The right to withdraw from a distance contract is not available to the privileged Buyer in relation to the contract:
    1. in which the subject of the service is a non-prefabricated item, manufactured according to the specifications of the privileged Buyer or intended to meet his individual needs;
    2. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
    3. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
  2. The right to withdraw from a distance contract is not available to any entity other than the privileged Buyer.

Moreover, the right to withdraw from the contract does not apply to goods purchased in Manufaktura Bursztynnika and The Amber Body stationary boutiques.

§ 9 COMPLAINTS

  1. In the event of a defect in the goods, the Buyer may complain about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, provided that a guarantee has been granted.
  2. Using the warranty, the Buyer may, under the terms and within the deadlines specified in the Civil Code:
    1. Submit a declaration of price reduction.
    2. In the event of a significant defect - submit a declaration of withdrawal from the contract.
    3. Demand replacement of items free from defects.
    4. Demand removal of the defect.
  3. The Seller asks to submit complaints under the warranty to the postal or electronic address indicated in § 2 of the Regulations.
  4. If it turns out that in order to consider the complaint, it is necessary to deliver the complained goods to the Seller, the Buyer is obliged to deliver the goods, in the case of a privileged Buyer, at the Seller's expense, to the following address: ul. Nadmorska 1, 76-107 Jarosławiec.
  5. If an additional warranty has been granted for the goods, information about it and its conditions is available in the product description in the Store.
  6. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
  7. The complaint will be considered by the Seller within 14 days.
    OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS
  8. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others: With:
    1. mediation conducted by the regionally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of the Trade Inspection, to which an application to consider the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free assistance of a municipal or district Consumer Ombudsman;
    4. online ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information regarding 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 regulation of the European Parliament and of the Council (EU ) on data protection - "GDPR".
  2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of Orders. The basis for the processing of personal data in this case is:
    1. sales contract or actions taken at the Buyer's request aimed at concluding it (Article 6(1)(b) of the GDPR),
    2. the Seller's legal obligation related to accounting (Article 6(1)(c),
    3. the legitimate interest of the Seller, consisting in the processing of data in order to establish, pursue or defend possible claims (Article 6(1)(f) of the GDPR).
  3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a sales contract. Failure to provide data will prevent the conclusion of a sales contract in the Store.
  4. The Buyer's data provided in connection with purchases in the Store will be processed until:
    1. the Seller will no longer have a legal obligation to process the Buyer's data;
    2. the Buyer or Seller will no longer be able to pursue claims related to the sales contract concluded by the Store;
    3. the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller
      – depending on what is applicable in a given case and what will happen at the latest.
  5. The buyer has the right to demand:
    1. access to your personal data,
    2. their corrections,
    3. deletion,
    4. processing restrictions,
    5. transfer data to another administrator as well as the right:
    6. 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, based on Art. 6 section 1 letter f GDPR (i.e. on legitimate interests pursued by the administrator).
  6. In order to exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
  7. If the Buyer considers that his data is being processed illegally, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.

§ 11 RESERVATIONS

  1. The Buyer is prohibited from providing illegal content.
  2. Each Order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded on time and for the purpose of executing the order.
  3. Agreements concluded on the basis of these regulations are concluded in Polish.
  4. In the event of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court having jurisdiction over the Seller's registered office.
  5. None of the provisions of the Regulations exclude or in any way limit the Consumer's rights arising from legal provisions.

Annex No. 1 to the Regulations

Below is a sample withdrawal form that the Privileged Buyer may, but does not have to, use:

ANNEX 1: TEMPLATE WITHDRAWAL FORM

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

The Amber Body Sp. z o. o

street Nadmorska 1, 76-107 Jarosławiec

e-mail address: kontakt@theamberbody.com

– I/We(*) …………………………………………………………… hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) as(*):

……………………………………………………………………………………………………………………………… ……………………………………………………………………

……………………………………………………………………………………………………………………………… ……………………………………………………………………

……………………………………………………………………………………………………………………………… ……………………………………………………………………

  • Date of conclusion of the contract (*) /acceptance (*) ……………………………………………………………………………………………………… …..
  • Name and surname of the privileged Consumer/Entrepreneur(s): …………………………………………………………………………………………………… …………

– Address of the privileged Consumer/Entrepreneur(s): ……………………………………………………………………………………………………… ………………

……………………………………………………………………………………………………………………………… ……………………………………

Signature of the privileged Consumer/Entrepreneur

(only if the form is sent in paper version)

Date ……………………………………..

(*) Delete as appropriate.