ONLINE SHOP REGULATIONS
available at www.aleconcept.com
§1 [General provisions]
1. Online shop (hereinafter “Online shop” or „Shop”) retailing the Internet, under these regulations (hereinafter “Regulations”).
2. Online Shop is run by Aleksandra Przybysz, running business under the name of ALE. Aleksandra Przybysz, with the registered office in Poznan 61-503, at ul. Dezyderego Chłapowskiego 9/11, and place of business in Poznan 61-701, ul. Aleksandra Fredry 1/14 C – address of the Showroom, registered in the Central Register and Information on Economic Activity, NIP 599-284-08-45, REGON 080374356, known in these regulations as Seller (the “Seller”).
3. The Regulations are an integral part of the contract of sale concluded with the Customer.
4. Prices in the Online Shop are gross prices (including VAT) and do not include delivery costs, which are given separately in the delivery price list, and that will be added to the price of purchased products and shown in the Basket each time.
5. Contact with the online shop is possible from Monday to Friday from 100.00 AM to 6.00 PM by phone + 48 539 090 896 at email: firstname.lastname@example.org or using the contact form available on the website Online Store tab “Contact”.
6. These regulations are also regulations for the rendering of electronic services in accordance with Art. 8 of the Act of 18 July 2002 Act on providing electronic services (Dz. U. of 2002. No. 144, item 1204, as amended).
7. Online Store is a platform for ICT (information, remote selection and purchase of products or services), enabling customers to familiarize themselves with the products of the Seller.
8. Exclusive rights to the contents made available within service provided by an online store, in particular copyright, Shop name (registered trademark), included in the system graphics, software and law in the database, are protected by law. Seller or entities with whom the Seller has entered into appropriate agreements are entitled to the above-mentioned rights.
9. Customers can get access to these Regulations at any time, free of charge, via the link found on the aleconcept.com homepage, and can draw up its printing.
10. Information about products listed in the store, in particular their descriptions technical and performance characteristics and prices are an invitation to contract within the meaning of Art. 71 of the Civil Code.
11. All products offered in the online store are new and are protected by copyright. Due to the nature of crafts and manual way of products performance, there is possibility of slight differences in the products the possible difference in retail products of the same series will result only from the specific performance of these products.
12. Seller announces that products due to their handicraft nature should only be used for their intended purpose, stored and maintained in a manner appropriate to their properties.
§ 2 [Definitions]
The terms used in the regulations means:
a) The Seller – Aleksandra Przybysz, running business under the name ALE. Aleksandra Przybysz with her registered office in Poznań, at ul. Dezyderego Chłapowskiego 9/11, and place of business in Poznan 61-701, ul. Aleksandra Fredry 1/14 C – address of the Showroom, registered in the Central Register and Information on Economic Activity, NIP 599-284-08-45, REGON 080374356.
b) A Party – both Seller and Customer.
c) Civil Code – the Act of 23 April 1964 (Dz. U. No. 16, item 93, as amended) of the Civil Code.
d) Online Store/Shop – Internet service run by the Seller, available at www.aleconcept.com through which a customer can buy a product from the Seller.
e) The customer – an adult person, as well as a legal person and an organizational unit without legal personality, legal capacity and capacity to act, which submits or intends to submit an order or benefits from other services of the Online Shop.
f) Working days – weekdays from Monday to Friday from 10.00 AM to 6.00 PM, excluding public holidays.
g) Basket – element of Online Shop where Customer provides details of the order such as: delivery address, the way of delivery, payment method, data to account, and possibly other information, if their application is necessary for the proper performance of the contract.
h) Registration – one-time activity, which consists of creating an account by the User by means of the administrative panel shared by the Seller on the website of Online Shop.
i) Logging – the act of entering a sequence of alphabetical characters (e-mail) required to access the account during the registration process. Login is determined independently by the Customer during the registration process.
j) User – customer, who created the account using the administrative panel provided by the Seller.
k) Consumer – a natural person performing a legal act (a contract of sale through the Store) not directly related to its business or professional activity.
l) Product – movable property offered by the Seller for retail sale through the Store.
m) Regulations – Regulations of sale by means of distance communication and provision of electronic services, drawn up on the basis of Art. 8 of Act of 18 July 2002 on the provision of electronic services (Dz. U. of 2002. No. 144, item 1204, as amended).
§ 3 [Customer Responsibilities, Seller statements]
1. The customer is obliged in particular to:
a) the use of the services offered by the Seller in a way that does not distort the functioning of the Internet service of Sellers, in particular through the use of specific software or devices,
b) refrain from actions such as sending or posting unsolicited commercial information, undertaking activities or any other information aimed at coming into possession of information not intended for the Customer in the Online Shop,
c) the use of the services offered by the Seller in accordance with the law applicable in Poland, as well as those adopted in the field of customs,
d) not providing and not transferring content prohibited by applicable law,
e) use the services offered by the Seller without major inconvenience to other customers and the Seller with respect to their personal property (including the right to privacy) and any of their rights,
f) the use of any content contained in the Online Shop, protected by copyright vested to the Seller or any third party, only for personal use. Using editorial content in other areas is allowed only under an express consent given by an authorized person.
2. Using the online shop is possible provided that the ICT system used by the Customer follows the minimum of technical requirements given:
e) The minimum screen width of 320 pixels.
3. The main threat to every Internet user, including those using the services provided by electronic means, is the possibility of infecting a data communications system with all kinds of malicious software. In order to avoid related risks, the Customer should provide the computer connected to the Internet with a chosen antivirus software and keep it update. Moreover, Seller reports that the particular risks associated to the use of services provided by electronic means, including the ones described in the Regulations, are associated with the activities of hackers aiming to break into both Seller and Customer systems. Customer hereby acknowledges that despite the use all available means by the Seller there is no such protection that can protect against the risks described above in a complete way.
4. Placing an order is tantamount to making the statement of consent to the processing of the Customer personal data by the Seller sent in registration form or during the ordering process for the purposes of the proper performance of contracts service electronically.
5. The Seller reserves that, despite making every effort to ensure uninterrupted operation of the Shop, there may occur some interruptions in the functioning of the Online Shop, in particular in the update of information or service and maintenance work, about which the Seller shall notify by posting a notice on the website Shop.
§ 4 [Cookies]
a) maintain Customer session (after logging in), thanks to which the Customer does not have to retype passwords on every subpage of the Shop site,
b) the adjustment of Shop service to customers’ needs and
c) creating pages viewing statistics of the subpages of the aforementioned service.
2. Some subpages of Shop service and other means of communication with Customers could include “Web beacons” (ie. electronic images, also known as “empty gifs”). Web beacons allow you to obtain information such as, for example IP (Internet Protocol) address of the computer on which the page on which the web beacon was included is loaded, URL address, load time of the page, type of browser, as well as information contained in the cookies. It is used for the evaluation of the effectiveness of our advertising.
§ 5 [Orders]
1. Orders can be placed as follows:
– by clicking the “Place Order” button on the website relating to the ordered product and thus adding product to the Basket,
– via the form available on the Shop’s website,
– e-mail address available on the Shop’s website,
2. Orders placed on weekdays after 16:00, and on Saturdays and public holidays (Sundays, holidays) will be considered filed in the following working day and this will be the day from which time is counted for the execution of the contract. User Status Online Store is achieved by following these steps: registration in the Online Shop; Online Shop log in using Username and Password. Detailed registration procedure posted on the website Shop.
3. Placing an order and confirmation of the order by the Seller entails an obligation of the Customer to pay for ordered products.
4. In Basket Customer gives the following information:
a) ordered Products (indicating the number and type);
b) the delivery address;
c) the means of delivery;
d) the method of payment;
e) the billing document type expected by the customer (receipt or invoice);
f) if the customer has chosen invoice – data necessary to issue an invoice.
5. The condition of the contract is to provide data allowing for the execution of the contract by the customer, ie. e-mail address, name, last name or name, delivery address.
6. Information on the Shop website concerning the purchased product at the time of order, in particular: the price, the characteristics of the product, its features, elements included in the kit, the date and method of delivery, are binding for the Parties.
7. Online Shop starts to execute the contract, in the case of payment by bank transfer or through on-line payment, immediately after receipt of funds paid by the Customer to the Seller’s bank account, subject to the above provisions of section 2.
8. If the product is unavailable and there is no possibility of executing the contract within 14 calendar days from the date of the Agreement, Online Shop has the right to withdraw from the Agreement. In this case, Online Shop shall notify the Customer of the impossibility of performance and returns the amount received from the customer within 14 calendar days from the date of the Contract.
9. In the event of unavailability of products covered by the contract and inability to perform the Contract within 30 calendar days from the date of the Agreement, the Customer is informed by the Online Shop service about the order status and decides on the manner of its implementation (partial realization or withdrawal from total agreement).
§ 6 [Payment]
Customer may choose from the following forms of payment:
a) payment by electronic transfer or a regular way on the Seller’s bank account: BZ WBK bank account number 48 1090 2590 0000 0001 3482 8745,
b) payment by electronic transfer or a regular way on the Seller’s bank account: BZ WBK bank account number 62 1090 2590 0000 0001 3482 8881 Swift : WBK PPL PP, for payments made in EURO,
c) on-line payment through PayU or PayPal system –in accordance with the implementation of such payments shown on the websites of the above operators;
§ 7 [Products delivery]
1. The Shop sends the products via UPS and Polish Post or provides for collection by the customer in Showroom at ul. Aleksandra Fredry 1/14 C, 61-701 Poznań.
2. Delivery time is determined in accordance with the declared by the carriers delivery time. Delivery of ordered products will be completed no later than within 10 days of submission by the Customer.
3. Orders are delivered via the Polish Post or UPS courier according to their regulations to the address specified by the Client.
4. Online Shop executes the orders by sending products to the Customer from pick-up place, located in the territorial area of Poland and European Union. The order in which the place of receipt of the Products would be a place outside the territory of Poland and European Union will be carried out only after prior contact by the Customer with the Seller and the agreed terms of implementation of such individual order, including in particular the price and delivery costs, and how to implement the obligations related to the settlement of customs duties and taxes.
5. The method and declared by the carriers delivery time for orders within Polish and the European Union territory:
a) Mail, estimated delivery time – according to the internal regulations of the Polish Post. The service is performed by the Polish Post under the Rules of universal postal services available at www.poczta-polska.pl and the Law – Postal Law and the corresponding executive acts,
b) Courier, the expected delivery time – according to the internal regulations of the UPS courier company. The service is performed by UPS, in accordance with internal regulations and the law – the Postal Law, the Act – Transport Law and the corresponding legislation.
§ 8 [Complaints]
1. In the event of non-compliance of the products with the contract, the Customer, as a Consumer, shall notify to the Seller the fact of the inconsistency within 2 months from the date it was detected, no later than within 2 years from the date of the Product release, showing the description of the non-compliance and the preferred way to remove it. To meet the deadline it is necessary to send notice before its expiry. We recommend notifying the fault through a complaint form available at www.aleconcept.com. It is advisable to attach a document confirming your purchase of products in the Online Shop or copies thereof.
2. Complaints can be submitted:
– In writing to the address of the Shop by filling in the complaint, for example using the complaint form;
– At the e-mail address email@example.com
– Using the form available at www.aleconcept.com
3. Defective Products with a completed complaint form should be sent to the address ul. Aleksandra Fredry 1/14c, 61-701 Poznan.
4. Using the abovementioned forms and instructions are exclusively aimed at facilitating the implementation of the claims of customers and does not condition the effective complaint.
5. The Seller is obliged to consider the complaint within 14 days of its submission, and if it is necessary for the assessment of non-conformity was necessary to provide the product of complaint, within 14 days from the date of its receipt by the Shop.
6. In the case of not considered complaint within 14 calendar days from the date of receipt respectively – the complaint or the products of complaint. It is assumed that the complaint has been considered by Shop as justified.
7. Incurred documented costs associated with returning of the Product of complaint by the Customer are returned to the Online Shop immediately after accepting the complaint.
8. The Seller’s liability to Customers who are not consumers under the warranty for defects in the Products is excluded.
§ 9 [Right to withdraw from the agreement]
1. A Customer who is a Consumer shall have the right to withdraw from the agreement within 14 calendar days from the reception of purchased Products without the obligation to sate the reason. The right to withdraw from the agreement pertains to the services set out in Article 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014.827), in particular when the object of the service is a non-prefabricated object manufactured in accordance with Customer’s specifications or serving individual Customer’s needs, and when the object of service is sound or video recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery.
2. The Customer mentioned in section 1 above shall be obliged to immediately, but not later than within 14 days from the withdrawal from the agreement, return the Products to the Seller or hand them over to a person authorised by the Seller to receive them, unless the Seller offers to pick up the Product. The deadline shall be deemed met if the Products are sent back before that deadline. In such a case, direct costs of return, shall be covered by the Customer.
3. The Customer shall be held liable for Product impairment resulting from the use of Products other than as needed to determine the nature, features and operationality of the Products.
4. The Seller shall return to the Customer the amount paid by the Customer for the completion of the order within 14 days from the day of receiving the Customer’s notification about the withdrawal from the agreement, but the Seller may withhold the repayment until receiving the returned Products or a proof of shipment of the returned Products from the Customer, depending which event is earlier.
5. Attached hereto as Appendices are: a notice of the right to withdraw and a withdrawal form.
§ 10 [Confidentiality]
1. By placing an order or registering, the Customer/User gives consent for processing of his/her personal data solely for the purpose of completing the order or providing services by the Shop.
2. Customer’s/User’s personal data shall be processed only for the purpose of completing the placed order, including issuing an invoice and for financial reporting as well as the provision of services via electronic means. These data shall be confidential and shall not be disclosed to third parties. Personal data provided by the Customer/User shall be processed for the purpose of enabling the Customer the use of the Online Shop, including completing the placed Order.
3. Customer’s/User’s personal data shall be processed and protected in accordance with the act on personal data protection and its implementing provisions and shall not be transferred, sold or made available to third parties and their provision is voluntary, yet needed in order to perform the agreement concluded with the Online Shop. The administrator of personal data is the Seller.
4. Only the Seller and entities cooperating with the Seller on the performance of agreements concluded with Customers shall have access to personal data. Such entities include, in particular, postal and courier services, which are provided the data to the extent necessary to complete the delivery of purchased Products.
5. The Customer shall have the right to access his/her personal data and to modify them, to withdraw his/her consent for processing of such data or to object processing of such data by the Seller or an entity to which the Seller subcontracted processing of data, if the data are not complete, up-to-date, incorrect or were collected by the Seller in breach of the act on personal data protection, or are no longer needed for the purpose for which they were collected. For this purpose the Customer shall contact the Administrator by sending an e-mail to firstname.lastname@example.org or by calling +48 539090896. In the case of receiving by the Seller a request to delete Customer’s/User’s data from the database of Online Shop’s Customers/Users, data shall be deleted immediately, but not earlier than after delivery of the Products purchased by the Customer and the respective payment process have been completed.
6. In the case of receiving by the Seller information on the use of the Online Shop by the Customer/User in a manner incompliant with the law or the Regulations, the Seller shall have the right to process Customer’s/User’s personal data in order to and to the extent needed to determine the Customer’s/User’s liability.
7. The Seller shall have the right to process in particular the following personal data: last name, first and middle names, Customer’s/User’s login, Customer’s/User’s e-mail address, Customer’s/User’s telephone number.
8. The Seller shall have the right to process also the following data characterising the manner of using the Services by the Customer/User (operational data): codes identifying the Customer/User as assigned based on the data, codes identifying the telecommunication network termination or the ICT system used by the Customer/User, information on the start and end and the scope of every use of the Services and information on the use of the Services by the Customer/User.
9. Customer/User data or information on these data may be made available to entities entitled to receive them under applicable law, including relevant judicial bodies. The Seller may, pursuant to Article 31 of the Act on personal data protection, subcontract processing of Customers’/Users’ personal data to other entities, in particular entities providing hosting services.
10. Every contact with the Shop via the telephone or e-mail shall involve the use of the provided data for the purpose of replying. Consultants shall contact the Customer via the same communication channels.
§ 11 [Change of the Regulations and final provisions]
1. The Regulations shall come into force on the day of their publication on the Shop’s website.
2. In the case of a change of the Regulations, The Customer/User shall be informed about the changes, also by a relevant notification on the Online Shop’s website together with the indication of the changes.
3. The Regulations in force are put on the Shop’s website and made available free of charge on request by the Customer/User.
4. Changes shall become binding on the day indicated by the Seller, which may not be specified earlier than before 7 (seven) calendar days from the moment of putting the changed Regulations on the Online Shop’s website, with the reservation that transactions initiated before entry into force of the changes shall be completed in accordance with the previous rules.
5. The User shall have the right to refuse to accept changes to the Regulations by sending to the Seller a notification about the refusal of the changes within 14 calendar days from the date of notifying the User by the Seller about the changes to the Regulations. Failure to deliver the refusal within the above deadline shall be deemed as acceptance of the changes by the User.
6. Sending to the Seller a notification about the refusal of changes within 14 calendar days from the date of notifying the User by the Seller about the changes to the Regulations shall be deemed as termination of the Agreement by the User with a 14-day notice period with effect as at the end of the calendar month starting on the day of receiving by the Seller the information about the refusal of changes. During the notice period, the User shall be obliged to observe the Regulations as applicable before the introduced changes.
7. To all cases not settled herein, generally applicable law shall apply.
8. The governing law shall be the law of Poland. All disputes related to the services, resulting from agreements concluded with the Online Shop shall be settled by Polish common courts having jurisdiction over the subject matter of the dispute. Disputes with entrepreneurs, shall be settled by courts having jurisdiction over the Seller’s seat.
APPENDIX 1. A NOTICE OF THE RIGHT TO WITHDRAW