REGULATIONS USE OF LAYAWAY PLAN
1. GENERAL PROVISIONS
1.1. These Regulations apply to the terms and conditions for the use of layaway plan Issuer's Online Shop.
1.2. The person granting consent for the Customer to make a purchase in the Online Store as part of installment sales 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: firstname.lastname@example.org and telephone number: +48 504 131 063.
1.3.1. CUSTOMER – (1) a natural person who is an entrepreneur for whom the use of the Online Store, including the conclusion of Sales Agreements, is directly related to the business activity conducted by him and is of a professional nature for this person (i.e. not a consumer, and from day 1 January 2021 and for contracts concluded from that date, who is not also a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of the activity performed by him/her economic activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity); (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law - which has concluded or intends to conclude a Sales Agreement with the Seller.
1.3.2. CIVIL CODE - Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93- with amendments).
1.3.3. PRODUCT – a movable item available in the Online Shop being the subject of the Sales Contract between the Customer and the Seller.
1.3.4. REGULATIONS – these regulations for installment sales.
1.3.5. ONLINE STORE – online shop of the Seller available at the Internet address: www.polishcustomknives.pl.
1.3.6. 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: email@example.com and telephone number: +48 504 131 063.
1.3.7. SALES AGREEMENT - a Product sales agreement concluded or concluded between the Customer and the Seller in the Online Store.
2. INSTALLMENT SALES
2.1. Sale in installments - in accordance with these Regulations - is the purchase of a Product made by the Customer in the Seller's Online Store for a price payable in specified installments.
2.2. In the case of installment purchases, the Product is issued to the Customer after full payment of the price for the Product, which is the price indicated in the Online Store.
2.3. Payment of the first initial installment must be made within 24 hours of placing the order. Otherwise, the order will be automatically canceled.
2.4. Installment payment is made in four equal parts, payable every 30 calendar days.
2.4.1. The payment date is the day in the following month corresponding to the day on which the Sales Agreement was concluded.
2.4.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of the receipt of the Order and its acceptance for execution takes place by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the order, which contains at least the Seller's declarations about the receipt of the Order and its acceptance for execution as well as confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
2.5. The customer can pay installments before the due date.
2.6. In the event of delay in payment of installments, the Seller returns the part of the price paid to the Customer, after which the order will be automatically canceled.
2.6.1. In the case referred to in point 2.5. Regulations, the refund is made immediately to the Customer's bank account number from which he made the last installment payment.
3. COMPLAINT HANDLING PROCEDURE
3.1. This point 3 of the Regulations sets out the complaint handling procedure.
3.2. A complaint may be submitted, for example:
3.2.1. in writing to the following address: ul. Topazowa 33, 62-081 Baranowo;
3.2.2. in electronic form via e-mail to the following address: firstname.lastname@example.org.
3.3. The Product may be sent or returned as part of a complaint to the following address: ul. Topazowa 33, 62-081 Baranowo.
3.4. It is recommended to include in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities or lack of compliance with the contract; (2) requesting a method of achieving compliance with the contract or a declaration of price reduction or withdrawal from the contract or other claim; and (3) contact details of the person filing the complaint - this will facilitate and speed up the processing of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
3.5. If the complainant changes the contact details provided while the complaint is being considered, he or she is obliged to notify the Seller.
3.6. The complainant may attach evidence (e.g. photos, documents or the Product) related to the subject of the complaint to the complaint. The Seller may also ask the person filing the complaint to provide additional information or send evidence (e.g. photos), if this will facilitate and speed up the consideration of the complaint by the Seller.
3.7. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
3.8. The basis and scope of the Seller's statutory liability are specified in generally applicable provisions of law, in particular in the Civil Code, the Act on Consumer Rights and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). .). Additional information regarding the Seller's liability for the compliance of the Product with the Sales Agreement provided for by law is provided below:
3.8.1. In the event of a complaint about a Product - a movable item purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023, the provisions of the Consumer Rights Act in force from January 1, 2023, in particular Art. 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
3.9. Included in section 3.8.1. The provisions relating to the consumer of the Regulations also apply to a Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available to him/her. pursuant to the provisions on the Central Registration and Information on Business. 3.10 Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer is excluded.
4. RIGHT TO WITHDRAW FROM THE CONTRACT
4.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point 4.4. Regulations. To meet the deadline, it is enough to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
4.1.1. in writing to the following address: ul. Topazowa 33, 62-081 Baranowo;
4.1.2. in electronic form via e-mail to the following address: email@example.com.
4.2. The Product may be returned as part of the withdrawal from the contract to the following address: ul. Topazowa 33, 62-081 Baranowo.
4.3. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in point 7 of the Regulations. The consumer may use the template form, but this is not obligatory.
4.4. The period for withdrawing from the contract begins when the consumer or a third party indicated by him, other than the carrier, takes possession of the Product, and in the case of a contract that: (1) covers many Products that are delivered separately, in batches or in parts - from taking possession of the Product. possession of the last Product, batch or part or (2) involves regular delivery of Products for a specified period of time - from taking possession of the first Product;
4.5. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
4.6. The Seller is obliged to immediately, no later than 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product (with the exception of additional costs resulting from the method of delivery chosen by the consumer other than the cheapest regular delivery method available in the Online Store). The seller refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him. In the case of Products - if the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back or the consumer provides proof of sending it back, depending on which event occurs first.
4.7. The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry.
4.8. The Consumer is liable for any reduction in the value of the Product resulting from using it in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
4.9. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
4.9.1. If the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
4.9.2. The consumer bears the direct costs of returning the Product.
4.9.3. In the case of a Product - a service, the performance of which - at the express request of the consumer - began before the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
4.10 The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
4.10.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the contract, and has accepted this is for your information; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - non-prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - 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 ; (6) in which the subject of the provision are Products - movable items (including movable items with digital elements) - which, after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides other services than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to for additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium for which the consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has completed the provision, he will lose the right to withdraw from the contract , and acknowledged it, and the Seller provided the consumer with the confirmation referred to in Art. 15 section 1 and 2 or art. 21 section 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay a price, in the case of which the consumer has expressly requested the Seller to come to him for repairs, and the service has already been fully performed with the express and prior consent of the consumer.
4.11. The consumer provisions contained in this point 4 of the Regulations apply to contracts concluded from January 1, 2021 also to the Service Recipient or the Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that he/she does not have for this person of a professional nature, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
4.12. A customer who is not a consumer is not entitled to withdraw from the contract.
5. PERSONAL DATA
5.1. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed in accordance with applicable law, in particular 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 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".
5.2. The Administrator processes personal data for the purposes, for a period, based on the principles indicated in this point of the Regulations. Providing personal data is voluntary, although failure to provide personal data necessary to provide installment sales results in the inability to use it. The Administrator takes special care to protect the interests of persons whose personal data he processes, and in particular he is responsible and ensures that the data collected by him are: (1) processed in accordance with the law; (2) collected for specified lawful purposes and not subjected to further processing that is incompatible with those purposes; (3) substantively correct and adequate in relation to the purposes for which they are processed; (4) stored in a form enabling identification of data subjects for no longer than is necessary to achieve the purpose of processing, and (5) processed in a way that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organizational means. Taking into account the nature, scope, context and purposes of processing as well as the risk of violating the rights and freedoms of natural persons with varying probability and severity of threat, the Administrator implements appropriate technical and organizational measures to ensure that processing takes place in accordance with this Regulation and to be able to demonstrate this. These measures are reviewed and updated as necessary. The Administrator uses technical measures to prevent unauthorized persons from obtaining and modifying personal data sent electronically.
5.3. The administrator is entitled to process personal data in cases where and to the extent that at least one of the following conditions is met: (1) the data subject has consented to the processing of his or her personal data for one or more specific purposes. ; (2) processing is necessary for the performance of a contract to which the data subject is party or to take steps at the request of the data subject before concluding the contract; (3) processing is necessary to fulfill the legal obligation imposed on the Administrator; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data , in particular when the data subject is a child.
5.4. The processing of personal data by the Administrator always requires at least one of the grounds indicated above. The specific basis for the processing of personal data of the Online Store Service Recipients by the Administrator is indicated in the next point of the Regulations - in relation to the given purpose of processing personal data by the Administrator.
5.5. The Administrator may process personal data for the following purposes, on the following grounds, during periods and to the following extent:
5.5.1. granting consent to installment sales:
126.96.36.199. The legal basis for data processing is Art. 6 section 1 letter b) GDPR Regulations (performance of the contract);
188.8.131.52. the data is stored for the period necessary to perform, terminate or otherwise expire the concluded contract;
5.5.2. determining, pursuing or defending claims that may be raised by the Administrator or that may be raised against the Administrator:
184.108.40.206. the legal basis for data processing is section 6. 1 letter f) GDPR Regulations;
5.5.3. the data is stored for the period of existence of the legally justified interest pursued by the Administrator, but no longer than the period of limitation of claims against the data subject arising from the business activity conducted by the Administrator. The limitation period is determined by legal provisions, in particular the Civil Code (the basic limitation period for claims related to running a business is three years, and for a sales contract - two years);
5.6. It is necessary for the Administrator to use the services of external entities. The Administrator only uses the services of such processors who provide sufficient guarantees of implementing appropriate technical and organizational measures so that the processing meets the requirements of the GDPR and protects the rights of data subjects. The administrator provides data only when it is necessary to achieve a given purpose of personal data processing and only to the extent necessary to achieve it. Customers' personal data may be transferred to the following recipients or categories of recipients:
5.6.1. service providers supplying the Administrator with technical, IT and organizational solutions enabling the Administrator to conduct business activities, including the Website and Electronic Services provided via it (in particular suppliers of computer software for running the Website, e-mail and hosting providers and providers of management software company and providing technical assistance to the Administrator) - the Administrator makes the collected personal data of the Customer available to a selected supplier acting on his behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this point. 3 of the Regulations.
5.6.2. providers of accounting, legal and advisory services providing the Administrator with accounting, legal or advisory support (in particular an accounting office, law firm or debt collection company) - the Administrator makes the collected personal data of the Customer available to a selected supplier acting on its behalf only in the case and to the extent necessary to complete a given task. the purpose of data processing in accordance with this point. 4 of the Regulations. Each person has the right to control the processing of data concerning him or her contained in the Administrator's data set, and in particular the right to: request supplementation, updating, rectification of personal data, temporary or permanent suspension of their processing or deletion if they are incomplete, out of date, false or were collected in violation of the Act or are no longer necessary to achieve the purpose for which they were collected.
5.7. The right of access, rectification, restriction, deletion or transfer - the data subject has the right to request from the Administrator access to his or her personal data, rectification, deletion ("right to be forgotten") or limitation of processing and the right to object to processing, and also has the right to transfer his data. Detailed conditions for exercising the above-mentioned rights are indicated in Art. 15-21 of the GDPR Regulations.
5.7.1. The right to withdraw consent at any time - a person whose data is processed by the Administrator on the basis of consent (pursuant to Article 6(1)(a) or Art. 9 section 2 letter a) of the GDPR), the data subject has the right to withdraw consent at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.
5.7.2. The right to lodge a complaint with the supervisory authority - the person whose data is processed by the Administrator has the right to lodge a complaint with the supervisory authority in the manner and manner specified in the provisions of the GDPR Regulation and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Personal Data Protection Office.
5.7.3. The right to object - the data subject has the right to object at any time - for reasons related to his or her particular situation - to the processing of his or her personal data based on Art. 6 section 1 letter e) (public interest or tasks) or f) (legitimate interest of the administrator), including profiling based on these provisions. In such a case, the Administrator is no longer allowed to process this personal data, unless he demonstrates the existence of valid legally justified grounds for processing, overriding the interests, rights and freedoms of the data subject, or grounds for establishing, pursuing or defending claims.
5.7.4. The right to object to direct marketing - if personal data are processed for the purposes of direct marketing, the data subject has the right to object at any time to the processing of his or her personal data for the purposes of such marketing, including profiling, to the extent that what processing is related to such direct marketing.
5.7.5. In order to exercise the rights referred to in this point. 3. You can contact the Administrator of the Regulations by sending an appropriate message in writing or by e-mail to the Administrator's address indicated at the beginning of the Regulations.
6. FINAL PROVISIONS
6.1. Contracts concluded via the Online Store are concluded in Polish.
6.2. Changes to the Regulations:
6.2.1. The Seller reserves the right to make changes to these Regulations for important reasons, i.e.: changes in legal provisions; changes in payment or delivery methods or dates, being subject to legal or regulatory obligations - to the extent that these changes affect the implementation of the provisions of these Regulations.
6.2.2. Notification of proposed changes is sent in advance at least 15 days before the date of entry into force of these changes, provided that the change may be introduced without the 15-day notice period if the Seller is subject to a legal or regulatory obligation under which it is obliged to changes the Regulations in a way that prevents it from meeting the 15-day notice period. In the latter case, changes are introduced with immediate effect, unless it is possible or necessary to apply a longer deadline for introducing changes, which the Seller notifies each time.
6.2.3. In the case of continuous contracts, the Buyer has the right to terminate the contract with the Seller before the expiry of the notification period about the proposed changes. Such solution becomes effective within 15 days from the date of receipt of the notification. In the event of concluding a continuous contract, the amended Regulations are binding on the Buyer if he has been properly notified of the changes in accordance with the notification period before their introduction and has not terminated the contract during this period. Additionally, at any time after receiving notification of changes, the Customer may accept the changes and thus waive the further duration of the notification period. impact on already placed or submitted Orders and concluded, implemented or completed Sales Agreements.
6.3. If a change to the Regulations results in the introduction of any new fees or an increase in existing ones, the consumer has the right to withdraw from the contract.
6.4. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); Consumer Rights Act; and other relevant provisions of generally applicable law.