Store Regulations
Regulations
Regulations of the online store WWW.KASIAOSTAPOWICZ.COM
- GENERAL PROVISIONS
- The online store available at the internet address www.kasiaostapowicz.com is run by the company KASIA OSTAPOWICZ Katarzyna Ostapowicz entered into the Central Register and Information on Economic Activity of the Republic of Poland run by the minister responsible for economic affairs, with: business address Al. T. Kościuszki 120/47, 90-446 Łódź, NIP: 8461540141, REGON: 528376883 and e-mail address: info@kasiaostapowicz.com hereinafter referred to as the Seller.
- Orders in the online store www.kasiaostapowicz.com can be placed 365/366 days a year, 7 days a week, 24 hours a day. The following are exceptions:
1.2.1 Periods resulting from access restrictions imposed by network operators used by the Seller or the Customer,
1.2.2 Periods of failure resulting from actions/omissions of third parties for which the Seller is not responsible (e.g. power grid failure),
1.2.3 Periods of necessary maintenance of the Seller’s IT System.
1.3 This Regulation applies to consumers, entrepreneurs, and entrepreneur-consumers using the online store www.kasiaostapowicz.com. It establishes the rules for purchasing Products offered by the Seller.
1.4 The administrator of personal data processed in connection with the implementation of the provisions of this Regulation is the Seller. Personal data will be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (GDPR).
1.5 More information about the principles of personal data processing can be found in the Privacy and Cookies Policy.
1.6. Definitions:
1.6.1. Electronic Payments: an online payment system that enables immediate payment for ordered Products.
1.6.2. Calendar Day: one day from Monday to Sunday.
1.6.3. Business Day: one day from Monday to Friday, excluding public holidays.
1.6.4. Registration Form: a form that allows the creation of a Customer Account in the online store www.kasiaostapowicz.com.
1.6.5. Order Form: a form that allows placing an Order by adding Products to the electronic cart and specifying delivery and payment conditions.
1.6.6. Product Cards: descriptions and images of Products available in the online store www.kasiaostapowicz.com.
1.6.7. Customer:
1.6.7.1. A natural person with full legal capacity, as well as a natural person with limited legal capacity in cases provided for by applicable law, who has concluded or intends to conclude a Sales Agreement with the Seller.
1.6.7.2. A legal person or an organizational unit without legal personality but with legal capacity, who has concluded or intends to conclude a Sales Agreement with the Seller.
1.6.8. Account: a collection of resources in the Seller’s IT system, designated by an individual name (login) and password defined by the Customer, where the Customer’s provided data and information about their Orders in the online store www.kasiaostapowicz.com are stored. The Customer agrees not to share their password with third parties. The Seller is not responsible for the disclosure of the Account password by the Customer to third parties.
1.6.9. Newsletter: a service containing informational, commercial, and marketing content, provided by the Seller via email to Customers interested in this service.
1.6.10. Warehouse: the place where the Seller’s Products are stored, located at ul. Akacjowa 5/1, 59-170 Przemków.
1.6.11. Product: an item available in the online store www.kasiaostapowicz.com, which is the subject of a Sales Agreement between the Customer and the Seller.
1.6.12. Entrepreneur-Consumer: a natural person entering into an agreement directly related to their business activity, where it is evident from the agreement’s content that it does not have a professional character for them, particularly based on their business activity as listed in the Central Register and Information on Economic Activity.
1.6.13. Regulations: this set of rules governing the operation of the online store www.kasiaostapowicz.com.
1.6.14. IT System: a set of cooperating IT devices and software ensuring data processing, storage, transmission, and reception via telecommunication networks using an appropriate terminal device within the meaning of the Telecommunications Law Act of July 21, 2000. The Seller accepts Orders from Customers via the IT System.
1.6.15. Provision of Services by Electronic Means: the execution of a service provided without the simultaneous presence of the parties (remotely), through the transmission of data at the individual request of the Customer, sent and received using electronic processing devices, including digital compression and data storage, transmitted, received, or broadcast entirely via a telecommunications network under the Telecommunications Law Act of July 16, 2004.
1.6.16. Sales Agreement: an agreement for the sale of a Product concluded or entered into between the Customer and the Seller via the online store www.kasiaostapowicz.com.
1.6.17. Transport Service: the paid delivery of ordered Products to the address specified by the Customer in the Order Form. The Transport Service is provided by an external courier company cooperating with the Seller.
1.6.18. Order: a Customer’s declaration of intent, submitted via the Order Form, aimed directly at concluding a Sales Agreement for a Product with the Seller.
1.7. The Seller communicates with the consumer and the entrepreneur-consumer via email or telephone.
ELECTRONIC SERVICES PROVIDED BY THE SELLER
2.1. The following electronic services are available in the online store www.kasiaostapowicz.com: Account, Order Form, Product Cards, and Newsletter.
2.1.1. Account: A Customer who wants to use this service must complete three consecutive steps:
2.1.1.1. Fill out the Registration Form,
2.1.1.2. Click the “Register” button,
2.1.1.3. Confirm the intention to create an Account by clicking the activation link automatically sent to the email address provided by the Customer.
2.1.2. The Seller provides the electronic Account service free of charge and for an indefinite period. At any time and without providing a reason, the Customer may delete the Account by sending a relevant statement to the email address: info@kasiaostapowicz.com.
2.1.3. Order Form: Using the Order Form begins when the Customer adds the first Product to the electronic cart in the online store www.kasiaostapowicz.com. To place an Order, the Customer must complete three consecutive steps:
2.1.3.1. Add Products to the electronic cart and specify their quantities,
2.1.3.2. Provide personal/company details and shipping address information,
2.1.3.3. Confirm the accuracy of the Order Form.
2.1.4. The Customer is required to provide the following data in the Order Form: full name/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and password. Customers who are entrepreneurs and entrepreneur-consumers must also provide their company’s VAT ID (NIP) number.
2.1.5. The Seller provides the Order Form electronic service free of charge. This service is a one-time service and ends when the Order is placed or when the Customer ceases the ordering process.
2.1.6. Product Card is an electronic service provided to the Customer free of charge and for an indefinite period to allow them to view descriptions, photos, and technical specifications of the Products offered by the Seller.
2.1.7. Newsletter: To use this service, the Customer must enter their email address in the “Newsletter” field displayed on the online store www.kasiaostapowicz.com.
2.1.8. The Seller provides the Newsletter electronic service free of charge and for an indefinite period. At any time and without providing a reason, the Customer may unsubscribe from the Newsletter by entering their email address again in the “Newsletter” field on the website www.kasiaostapowicz.com and clicking the “Unsubscribe” button, or by submitting an unsubscribe request to info@kasiaostapowicz.com or through the contact form available on the store’s website.
2.2. Technical requirements necessary for cooperation with the IT System used by the Seller:
2.2.1. A desktop computer, laptop, phone, tablet, or other device with internet access,
2.2.2. Access to an email account,
2.2.3. The Customer is required to use the online store www.kasiaostapowicz.com in accordance with generally applicable laws and good practices, respecting personal rights, copyrights, and intellectual property rights of the Seller and third parties. The Customer is obligated to provide data consistent with the actual state.
- PRODUCTS OFFERED BY THE SELLER
3.1. The Seller presents gross prices including VAT in Polish zloty (PLN) and EURO in the online store www.kasiaostapowicz.com.
3.2. The offer is valid only in the online store www.kasiaostapowicz.com.
3.3. The Seller reserves the right to offer Customers discounts and discount coupons in the form of percentage and/or value reductions: a discount is calculated from the gross unit price of the product, while a coupon reduces the total amount to be paid. Discounts do not apply to transport services. Discounts are one-time and are not granted again if the Customer withdraws from the contract.
3.4. The Seller guarantees that the Products offered in the online store www.kasiaostapowicz.com are new and free from defects unless explicitly stated otherwise in the Product description – this applies particularly to discounted Products from warehouse reserves or end-of-series stock. A defect, which the Customer has been informed about in the product card under the “Outlet” section, cannot be used as a basis for a complaint.
3.5. Discounted goods, as mentioned in section 3.4., may be returned within 14 days by a Customer who is a consumer or an entrepreneur-consumer under the right of withdrawal. The above provision does not apply to entrepreneurs.
3.6. The Seller makes every effort to ensure that the descriptions and photos of the Products displayed in the online store www.kasiaostapowicz.com are as accurate and realistic as possible.
3.7. The Seller is not responsible for any incorrect or improper interpretation by the Customer of the information and/or technical data contained in the Product descriptions.
3.8. The Seller reserves the right to organize promotional campaigns related to the sale of Products.
3.9. The information about Products presented in the Online Store does not constitute an offer but an invitation to conclude a contract, within the meaning of Article 71 of the Civil Code.
CONCLUSION OF THE SALES AGREEMENT
4.1. The conclusion of the Sales Agreement between the Customer and the Seller follows the procedure described below in the subsequent sections.
4.2. The Seller informs the Customer about the price of the Product subject to the Order, as well as about delivery costs and the obligation to pay them, during the ordering process, including at the moment the Customer expresses their intent to enter into the Sales Agreement.
4.3. The conclusion of the Sales Agreement in the online store www.kasiaostapowicz.com follows the steps below:
4.3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order and makes payment using Electronic Payments.
4.3.2. After the Order is paid for using Electronic Payments, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt and acceptance of the Order is sent to the Customer via email to the address provided at the time of placing the Order. The moment the Customer receives this email, the Sales Agreement between the Customer and the Seller is considered concluded.
4.4. The execution of the Sales Agreement occurs when the Customer receives the Products from the courier and confirms the delivery by signing the waybill.
4.5. In exceptional circumstances beyond the Seller’s control, particularly in cases where the Seller does not receive the Products from suppliers or their production has been discontinued, the Seller reserves the right to withdraw from the Sales Agreement. The Seller may issue a statement of withdrawal from the Sales Agreement within 24 hours from the date of its conclusion. In such a case, the Seller will refund all funds paid by the Customer to the Customer’s bank account. The Customer will be informed about the withdrawal via email and additionally by phone using the contact details provided in the order form.
4.6. Proof of execution of the Sales Agreement includes the confirmation of receipt of the Product and a VAT invoice. The Customer agrees to receive a VAT invoice without the Seller’s signature instead of a fiscal receipt.
4.7. After making a purchase at www.kasiaostapowicz.com, the Customer receives an invoice in electronic PDF format. It is sent to the email address provided when placing the Order. If the Customer wishes to receive a paper invoice, they can request it by sending an email to info@kasiaostapowicz.com, including the order number to which the invoice applies.
- PAYMENT FOR THE ORDER
5.1. The Seller provides the Customer with the following Payment Methods for an Order placed in the online store www.kasiaostapowicz.com:
– Electronic Payment,
– Payment by credit/debit card,
– Bank transfer: ING 91 1050 1142 1000 0091 4663 8789,
– BLIK.
5.2. By selecting the Electronic Payment method, the Customer is required to make the payment for the ordered Products and – if selected – for the Transport Service immediately after placing the Order, as this is a necessary condition for its acceptance and processing.
5.3. Payment deadline:
If the Customer chooses bank transfer, electronic payment, or payment by credit/debit card, they must complete the payment within 3 business days from the date of concluding the Sales Agreement. Otherwise, the order will be canceled.
- ORDER DELIVERY
6.1. Deliveries are made directly from the Seller’s warehouse or from other warehouses.
6.2. The Customer can choose the following methods of delivery of Products:.
6.2.1. Delivery when using the paid Transport Service.
6.3. Delivery of the Order when using the paid Transport Service is only possible within the EU
6.4. The cost of the Transport Service is provided automatically when the Product is added to the electronic order basket.
6.5. Orders are processed in the order in which the purchase form is submitted.
6.6. The declared delivery time when using the Paid Transport Service is 1-3 business days in Poland, and 5-14 business days in the EU from the moment the payment is credited to the Seller’s account. The Seller reserves the right to extend the declared delivery time for reasons beyond its control.
6.7. The Paid Transport Service guarantees delivery of parcels to the parcel locker or the Customer’s premises indicated in the Order Form,
6.8. The Customer using the paid Transport Service undertakes to collect the shipment within 48 hours, counted from the day of delivery. The Customer undertakes to answer phone calls from the company providing the paid Transport Service, which will allow for the exact time of collection of the shipment. An attempt to re-deliver the shipment to the Customer is made once.
6.9. Complete refusal to accept the shipment based on the Customer’s declaration of withdrawal from the agreement or failure to collect the shipment from the courier company according to the principles described in point 6.9., constitutes an additional charge for the Customer for the cost of the Transport Service, subject to the conditions described in point 8.1. of these Regulations. In the event of withdrawal from the Sales Agreement by the Customer, the Sales Agreement expires, in the event of failure to collect the shipment from the courier company according to the principles described in point 6.9, the Sales Agreement is automatically terminated. In such a situation, the Customer will be refunded the amount of the Order by bank transfer to the Customer’s account, reduced by the cost of the Transport Service.
6.10. A Customer using a paid Transport Service cannot change the delivery address after placing an Order.
6.11. A Customer using a paid Transport Service is obliged to check the delivered shipment in the presence of the courier driver. In the case of any objections to the shipment, a damage report or a non-conformity report should be drawn up in the presence of the driver. Failure to draw up the report referred to in the previous sentence is deemed to be acceptance of the products without objections. The absence of objections to the shipment must be confirmed by a signature accepting the goods on the bill of lading.
- COMPLAINTS AND INVOICE CORRECTIONS
7.1. All complaints concerning Products and the Transport Service should be sent to the address info@kasiaostapowicz.com with the note – Complaint where the Order was placed. The complaint letter form is available on the online store website www.kasiaostapowicz.com
7.2. The complaint should include:
7.2.1. Name and surname or company name and its tax identification number and address of residence or registered office,
7.2.2. Contact telephone number,
7.2.3. Description of the Product or Transport Service complained about,
7.2.4. Attached proof of purchase of the Product,
7.2.5. Attached damage report or non-conformity report written in the presence of the courier driver,
7.2.6. Date of preparation of the complaint,
7.2.7. Handwritten signature of the complaint letter.
7.3. The Seller is not liable for defects in the goods sold if the Customer knew about the defect at the time of sale.
7.4. Consumer and entrepreneur – the consumer has the right to file a complaint if the defect is found within 2 years from the date of delivery of the goods.
7.5. The Customer has the right to request that the complaint be considered in any of the following ways, provided that:
7.5.1. When the goods are complained about for the first time, the Seller may offer the buyer a replacement or repair if this is a cheaper option, provided that the replacement or repair takes place immediately and without excessive inconvenience to the Customer.
7.5.2. When this is another complaint regarding the same defect for the same goods, the Seller cannot refuse the Customer the right to reduce the price or withdraw from the Sales Agreement,
7.5.3. Withdrawal from the Sales Agreement may only occur in the event of a significant defect.
7.6 Complaints will be considered by the Seller within 14 days from the date of their effective notification to the Seller.
7.7. The Seller is obliged to deliver the product free from physical and legal defects.
- RIGHT TO WITHDRAW FROM A CONTRACT
8.1. Consumer and entrepreneur – a consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring any costs, except for the costs of returning the goods. A consumer withdrawing from the contract is entitled to a refund of both the price of the goods and the cost of their shipment incurred at the time of purchase (shipping the goods from the Seller to the Customer) only up to the amount corresponding to the cheapest shipping option available in a given offer. To meet the deadline, it is sufficient to send a statement before it expires. A sample form for withdrawal from the contract is available on the website www.kasiaostapowicz.com in the Returns tab. The statement of withdrawal from the contract can be sent by post to the following address: Al. T. Kościuszki 120/47, 90-446 Łódź, or by e-mail to info@kasiaostapowicz.com with the note Returns. The declaration should include the Client’s data, address data, bank name and account number to which the refund will be made. Providing this data is necessary to make the refund.
4.7. After making a purchase through the store website www.kasiaostapowicz.com, the customer receives an electronic invoice in PDF format. It is sent to the email address provided when placing the order. If the customer wishes to receive an invoice in paper form, they can submit it to the email address info@kasiaostapowicz.com together with the order number to which the invoice relates.
8.3. The period of the right to withdraw from the contract begins with the consumer taking possession of the product at the time of accepting the shipment from the courier driver.
8.4. Consumer and entrepreneur – a consumer who has withdrawn from the contract should return the purchased Products within 14 days from the date of withdrawal from the contract or hand them over to a person authorized by the entrepreneur to collect them.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the returned Products, return to the consumer all payments made by him, reduced by: the value of the voucher (in the event that the voucher was granted) and the costs of the paid Transport Service.
8.6. In accordance with art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a consumer and entrepreneur – consumer is excluded.
8.7. In accordance with the Consumer Rights Act of 30 May 2014 (Journal of Laws 2020, item 287), Customers who are not consumers or entrepreneurs – consumers are not entitled to withdraw from a contract concluded at a distance.
9.6. The Customer may not use the opinion to conduct unlawful activities, in particular activities constituting an act of unfair competition towards the Seller, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties.
- FINAL PROVISIONS
9.1. It is prohibited to copy or modify product descriptions and photos, or graphic elements available on the online store website www.kasiaostapowicz.com without the written consent of the Seller.
9.2. Descriptions, graphics and photos used in the store may be owned by third parties. The Seller has the right to use these elements based on separate agreements with their owners.
9.3. All programming solutions, including the store software code written to the Seller’s individual requirements, are protected by copyright.
9.4. The Seller reserves the right to modify the commercial offer in the online store www.kasiaostapowicz.com. In addition, the Seller reserves the right to freely modify the online store software, in particular to create and/or remove its functionalities.
9.5. Subpages of the online store www.kasiaostapowicz.com may contain links to external services, the operation of which is regulated in separate regulations, independent of the Seller.
9.6. Sales Agreements concluded through the online store www.kasiaostapowicz.com are written in Polish.
9.7. The Seller reserves the right to change the Regulations of the online store www.kasiaostapowicz.com
9.8. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Act of 23 April 1964 – the Civil Code (consolidated text: Journal of Laws 2020, item 1740); the Act on the provision of electronic services of 18 July 2002 (consolidated text: Journal of Laws 2020, item 344); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers – the provisions of the Act on Consumer Rights of 30 May 2014 (consolidated text: Journal of Laws 2020, item 287); and other relevant provisions of generally applicable law.
