REGULATIONS USE OF THE GIFT VOUCHER
1. GENERAL PROVISIONS
1.1. These Regulations apply to the terms and conditions for the use of Gift Vouchers in the Gift Voucher Issuer's Online Shop. It is addressed both to consumers and other entities concluding Sales Contracts of Products with the Issuer.
1.2. Issuer of the Gift Voucher is MACIEJ DZIEKAŃSKI running a business under the name FIRMA KONFEKCYJNA DZIEKAŃSKI MACIEJ DZIEKAŃSKI entered into the Central Registration and Information on Business of the Republic of Poland run by the Minister of Economy, having: the address of the business place and the delivery address: ul. Topazowa 33, 62-081 Baranowo, tax identification number: 7772199086, national economy register (REGON) number: 634595844, e-mail address: info@polishcustomknives.pl and telephone number: +48 504 131 063.
1.3. Definitions:
1.3.1. GIFT VOUCHER – A voucher entitling the Customer to obtain Products from the Seller's Online Shop in accordance with these Regulations on the date specified therein and in the value stated therein. The voucher is not a Product, but only a document entitling the Customer to purchase the Product in accordance with the conditions stated therein. It replaces the cash for which Products are customarily purchased in the Online Shop.
1.3.2. CUSTOMER, HOLDER, GIFT VOUCHER HOLDER – a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity; a legal person; or an organizational unit without legal personality for which the law grants legal capacity – being the holder of a Gift Voucher.
1.3.3. CIVIL CODE – Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93- with amendments).
1.3.4. PRODUCT – a movable item available in the Online Shop being the subject of the Sales Contract between the Customer and the Seller.
1.3.5. REGULATIONS – these regulations use of the Gift Voucher.
1.3.6. ONLINE SHOP – online shop of the Seller available at the Internet address: www.polishcustomknives.pl.
1.3.7. ISSUER, SELLER – MACIEJ DZIEKAŃSKI running a business under the name FIRMA KONFEKCYJNA DZIEKAŃSKI MACIEJ DZIEKAŃSKI entered into the Central Registration and Information on Business of the Republic of Poland run by the Minister of Economy, having: the address of the business place and the delivery address: ul. Topazowa 33, 62-081 Baranowo, tax identification number: 7772199086, national economy register (REGON) number: 634595844, e-mail address: info@polishcustomknives.pl and telephone number: +48 504 131 063.
1.3.8. SALES CONTRACT– the Product sales contract which is being concluded or have been concluded between the Customer and the Seller via the Online Shop.
2. PAYMENT AND DELIVERY OF THE GIFT VOUCHER
2.1. The provisions of the rules and regulations of the Online Shop regarding available methods and deadlines for payment and delivery of the Product shall apply accordingly.
2.2. A Gift Voucher is not a Product, but merely a document entitling the Customer to purchase it under the terms and conditions stated therein. It replaces the money with which Products are customarily purchased in the Online Shop. The voucher may be purchased in the Online Shop.
2.3. Payment for the sale of a Gift Voucher shall be made at the Customer's choice in accordance with the possible methods of payment set out in the regulations of the Online Shop.
3. TERMS AND CONDITIONS FOR USING THE GIFT VOUCHER
3.1. The Gift Voucher is marked with an individual Customer identification code registered in the Seller's system.
3.2. The Holder of a Gift Voucher shall be entitled to receive, on the date stated thereon (the expiry date of the Gift Voucher) and in the value stated thereon (the nominal value of the Gift Voucher) the Products in the Seller's Online Shop in accordance with these Regulations.
3.3. The Holder of a Gift Voucher is entitled to use the Gift Voucher within a period of 4 months from the issuance of the Gift Voucher, after which the Holder shall not be able to make payment using the Gift Voucher.
3.4. The Holder of a Gift Voucher is entitled to use it once for a single purchase of Products available in the Seller's Online Shop in accordance with these Regulations, within the time period indicated thereon (the Gift Voucher expiry date) and up to the nominal value recorded thereon.
3.5. The Gift Voucher is redeemed by entering the identification code written on it in the appropriate field on the Order Form after the selected Products have been added to the basket. The Gift Voucher is redeemed after the Customer has placed an order.
3.6. The expiry date of the Gift Voucher is stated each time on the Gift Voucher. After the expiry date, the Holder shall no longer be able to make payment using the Gift Voucher and the funds in the Gift Voucher shall be returned to the Customer's bank account from which the Gift Voucher was purchased.
3.7. The Gift Voucher replaces in the Online Shop cash of the value stated on it for the purpose of making payment for the Sales Contract, but is not itself subject to exchange for cash.
3.8. A Gift Voucher cannot be used to purchase another Gift Voucher.
3.9. A Gift Voucher may be used to pay for a Sales Contract whose value exceeds the nominal value of the Gift Voucher, with the proviso that in such a case the Customer is obliged to pay the remainder of the price using the payment methods available in the Online Shop. In the event that the value of the order is less than the nominal value of the Gift Voucher, the Customer may not use it. Insofar as the value of the Gift Voucher allows it, the Gift Voucher may be used to cover the total cost of the order, including the shipping costs of the Product and other additional charges.
3.10. If the Customer returns a Product purchased using a Gift Voucher, the Seller shall refund the price paid to the bank account provided by the Customer. Where the price paid exceeds the value of the Gift Voucher, the Seller shall refund the excess using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any cost to the Customer.
4. PERSONAL DATA
4.1. The Controller of the personal data processed in connection with the execution of the provisions of these Regulations is the Issuer. Personal data shall be processed by the Controller in accordance with the binding legal regulations, in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) hereinafter referred to as “GDPR” or “GDPR Regulation”.
4.2. The Controller processes personal data for the purposes, for the period, on the basis of the grounds and principles indicated in this section of the Regulations. Provision of personal data is voluntary, although failure to provide personal data necessary for the issuance and execution of the Gift Voucher results in the inability to use it. The Controller assures due diligence to protect the interest of persons being data subjects, in particular being responsible and liable for and assuring that the data collected are: (1) processed in accordance with the Act; (2) collected for specific, legal purposes and not subject to further processing inconsistent with the purposes; (3) correct as regards the subject matter and adequate as regards the purpose of the processing; (4) stored in a form making it possible to identify the people they apply to, no longer than it proves necessary to attain the purpose of processing and (5) processed in a manner ensuring security of the personal data, including the protection against illicit or illegal processing or accidental loss, damage or destruction, with the use of appropriate technical and organisational measures. Taking into account the nature, scope, context and purpose of processing as well as the risk of breaching the rights or freedoms of natural persons with varied likelihood and degree of threat, the Controller is implementing appropriate technical and organisational measures so that the processing takes place pursuant to the Regulation and it is possible to show it. The measures are reviewed and updated, as necessary. The Controller applies technical measures preventing the acquisition and modification of personal data sent electronically by unauthorised persons.
4.3. The Controller is authorised to process the personal data in cases, and to the extent, when at least one of the following conditions is met: (1) the data subject consented to the processing of their data to one or more specified ends; (2) processing is necessary for contract performance the data subject is a party to, or to take actions to the request of the data subject, prior to contract conclusion; (3) processing is necessary to meet the legal obligation of the Controller; or (4) processing is necessary for the needs resulting from the legally justified interests of the Controller or third party, except for situations when the interests or basic rights and freedoms of the data subject override such interests and they require personal data protection, especially when the data subject is a child.
4.4. The processing of personal data by the Controller each time requires having at least one basis indicated in the above point. Specific bases for processing personal data of the Customers by the Controller are specified in the following point – as regards the specific goal of processing personal data by the Controller.
4.5. The Controller may process personal data for the following purposes, on the following grounds, during the following periods and to the following extent:
4.5.1. issue and acceptance for settlement of Gift Vouchers
4.5.1.1. the legal basis for data processing is Article 6, par. 1, point b) of the GDPR Regulation (contract performance);
4.5.1.2. the data shall be stored for the period necessary for the performance, termination or expiry of the concluded contract;
4.5.2. direct marketing
4.5.2.1. the legal basis for data processing is Article 6, par. 1, point f) of the GDPR Regulation (legitimate interest of the Controller);
4.5.2.2. the data shall be stored for the period of the legitimate interest of the Controller, however no longer than the period of limitation of claims as regards the data subject under the business activity of the Controller. The period of limitation shall be specified by legal provisions, in particular the Civil Code (the basic period of limitation in the case of claims related to business activity amounts to three years, and for a Sales Contract two years). The Controller may not process the data for the needs of direct marketing in the case of expressing clear objection in this field by the data subject;
4.5.3. determining, pursuing or defence of claims on the side of the Controller, or ones that may arise as regards the Controller
4.5.3.1. the legal basis for data processing is Article 6, par. 1, point f) of the GDPR Regulation;
4.5.3.2. the data shall be stored for the period of the legitimate interest of the Controller, however no longer than the period of limitation of claims as regards the data subject under the business activity of the Controller. The period of limitation shall be specified by legal provisions, in particular the Civil Code (the basic period of limitation in the case of claims related to business activity amounts to three years, and for a Sales Contract two years);
4.6. It shall be necessary for the Controller to make use of external companies’ services. The Controller uses solely the services of such processing entities which ensure sufficient guarantee to implement appropriate technical and organisational measures so that the processing meets the requirements set out in the GDPR Regulation and protects the rights of data subjects. The Controller provides the data only in the case it proves necessary to attain a given purpose of personal data processing and solely within the necessary scope. Personal data of the Customers may be provided to the following recipients or categories of recipients:
4.6.1. service providers rendering for the Controller technical, IT or organisational solutions, making it possible for the Controller to conduct a business, inclusive of the Online Shop and Electronic Services provided via it (in particular computer software providers for the Online Shop, e-mail companies and hosting providers as well as software providers for company management and technical aid for the Controller) – the Controller makes the collected personal data of the Customer available to the selected provider operating to their order only in the case and to the extent necessary for attaining a given purpose of data processing in accordance herewith.
4.6.2. accounting, legal and consulting services providers rendering for the Controller accounting, legal or consulting services (in particular an accounting agency, law firm or debt collection company) – the Controller makes the collected personal data of the Customer available to the selected provider operating to their order only in the case and to the extent necessary for attaining a given purpose of data processing in accordance herewith. Every person has the right to control the processing of data concerning him/her contained in the Controller's data filing system, and in particular the right to: demand that the personal data be completed, updated, rectified, temporarily or permanently suspended or erased, if they are incomplete, outdated, untrue or have been collected in breach of the Act, or are no longer necessary for the purpose for which they were collected.
4.7. The right to access, rectify, restrict, erase or transmit – the data subject shall have the right to demand the Controller to have access to their personal data, rectify, erase (“the right to be forgotten”) or restrict the processing and shall have the right to object to the processing and transmit their data. Detailed conditions of the above rights shall be indicated in Articles 1522 of the GDPR Regulation.
4.8. The right to withdraw the consent at any time – the person whose data are being processed by the Controller on the basis of the consent given (pursuant to Article 6, par. 1, point a) or Article 9, par. 2, point a) of the GDPR Regulation), they shall have the right to withdraw their consent at any time without any impact on the compatibility with the right to process made based on the consent prior to the withdrawal.
4.9. The right to lodge a complaint with a supervisory body – the person whose data are being processed by the Controller shall have the right to lodge a complaint with a supervisory body in a manner and mode specified in the provisions of the GDPR Regulation and the Polish law, in particular the Personal Data Protection Act. The supervisory body in Poland shall be the President of the Office for Personal Data Protection.
4.10. The right to object – the data subject shall have the right, at any time, to lodge a complaint – for reasons related to their particular situation – as regards the processing of their personal data based on Article 6, par. 1, point e) (public interest or official authority) or f) (legitimate interest of the controller) in the case of profiling based on the provisions. The Controller in such a case must stop processing the personal data, unless they show the existence of legally significant and justified bases for the processing, overriding the interests, rights and freedoms of the data subject, or the bases for determining, pursuing or defending the claims.
4.11. The right to object as regards direct marketing – in the case the personal data are being processed for the needs of direct marketing, the data subject shall have the right, at any time, to lodge a complaint as regards the processing of their personal data for the needs of such marketing, including profiling, to the extent to which the processing is related to direct marketing.
4.12. To perform the rights mentioned in this point of the Regulations, one may contact the Controller by sending them an appropriate message in writing or via e-mail to the address of the Controller indicated at the beginning of the Regulations.
5. COMPLAINT PROCEDURE
5.1. Complaints related to the use of the Gift Voucher and the execution of these Regulations may be filed by the Customer, for example, by e-mail to the following address: info@polishcustomknives.pl or in writing to the following address: ul. Topazowa 33, 62-081 Baranowo.
5.2. It is recommended that the description of the complaint contains as much information and circumstances concerning the subject of the complaint as possible, in particular the type and date of the irregularity, contact details and the individual identification code of the Customer indicated on the Gift Voucher - this will facilitate and speed up the processing of the complaint by the Issuer.
5.3. The Issuer shall respond to the complaint immediately, but no later than 14 days from the date of its submission.
6. FINAL PROVISIONS
6.1. The applicable law is Polish law and the Polish language.
6.2. The Issuer reserves the right to amend the Regulations for important reasons, i.e.: change of legal regulations to the extent that these changes affect the implementation of the provisions of these Regulations. The change of the Regulations shall not affect the Gift Vouchers already granted. The Issuer shall inform the Customer of the amendments to the Regulations via e-mail.
6.3. To matters not covered by these Regulations, the provisions of the Civil Code and other relevant provisions of Polish law shall apply.
