ONLINE SHOP TERMS & CONDITIONS
Serafin Andrzejak
1 Definitions
The terms used in these Terms & Conditions shall have the following meanings:
- Customer – a natural person, legal person, or organizational unit without legal personality, to whom specific provisions grant legal capacity, and who places an Order within the Store;
- Civil Code – the act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
- Terms & Conditions – these Terms & Conditions for the provision of electronic services within the Serafin Andrzejak online store;
- Serafin Andrzejak Online Store – an online service available at www.serafinandrzejak.com, through which the Customer can, in particular, place Orders;
- Goods – products presented in the Online Store;
- Sales Agreement – a contract for the sale of Goods within the meaning of the Civil Code, concluded between Serafin Andrzejak and the Customer, concluded using the online service of the Store;
- Consumer Rights Act – the act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827);
- Act on the Provision of Electronic Services – the act of July 18, 2002, on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
- Order – the Customer’s declaration of intent aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.
2 General provisions
2.1 These Terms & Conditions determine the rules for using the online store available at www.serafinandrzejak.com.
2.2 These Terms & Conditions constitute the regulations referred to in Article 8 of the Act on the Provision of Electronic Services.
2.3 The online store, operating at www.serafinandrzejak.com, is run by Serafin Andrzejak with the registered office at Ul. Ligocka 2/1, 02-556 Warsaw, holding the tax identification number NIP 6961819508 and the National Official Business Register (REGON) number 302745321.
2.4 These Terms & Conditions specify:
a) the rules for registration and use of an account within the online store;
b) the conditions and rules for making electronic product reservations available within the online store;
c) the conditions and rules for placing Orders electronically within the online store;
d) the rules for concluding Sales Agreements using the services provided within the Online Store.
2.5 The use of the online store is possible provided that the teleinformation system used by the Customer meets the following minimum technical requirements:
a) Internet browser such as Explorer, Google Chrome, Opera, Mozilla Firefox, Safari;
b) an active email account;
c) access to the Internet.
2.6 In order to use the online store, the Customer should independently gain access to a computer workstation or a terminal device with Internet access.
2.7 Customers can access these Terms & Conditions at any time by following the link posted on the homepage of the website www.serafinandrzejak.com, as well as download and print them.
2.8 The information about the Goods provided on the website of the Store, in particular their descriptions, technical and functional parameters, and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
3 Rules for using the Online Store
3.1 Registration is completed by filling out and accepting the registration form available on one of the Store’s pages.
3.2 The condition for making a purchase is the Customer’s consent to the content of the Terms & Conditions and providing personal data marked as mandatory.
3.3 Serafin Andrzejak’s Store may deprive the Customer of the right to use the Online Store and may also limit their access to part or all of the resources of the Online Store, with immediate effect, in the event of a violation of the Terms & Conditions by the Customer, particularly when the Customer:
a) commits a violation of personal rights of third parties through the online store, especially the personal rights of other customers of the online store,
b) engages in other behaviors that are considered by Serafin Andrzejak’s Store as inconsistent with applicable laws or general principles of using the Internet or detrimental to the reputation of Serafin Andrzejak.
3.4 In order to ensure the security of message and data transmission related to the services provided within the Website, the online store implements technical and organizational measures appropriate to the level of security threat posed by the services provided, in particular measures aimed at preventing unauthorized access and modification of personal data transmitted on the Internet.
3.5 The Customer is obligated, in particular, to:
a) not provide or transmit content prohibited by law, such as content promoting violence, defamatory content, or content infringing on personal rights and other rights of third parties,
b) use the online store in a manner that does not disrupt its functioning, in particular by using specified software or devices,
c) refrain from actions such as sending or placing unsolicited commercial information (spam) within the online store,
d) use the online store in a manner that is not burdensome to other customers or to Serafin Andrzejak,
e) use any content posted within the online store solely for personal use,
f) use the online store in accordance with the provisions of the applicable laws of the Republic of Poland, the provisions of the Terms & Conditions, as well as with general principles of using the Internet.
4 Procedure for concluding a Sales Agreement
4.1 In order to conclude a Sales Agreement through the Online Store, the Customer should visit the website www.serafinandrzejak.com, select the product(s), and proceed with the subsequent technical steps based on the messages and information displayed on the website.
4.2 The selection of ordered Goods by the Customer is made by adding them to the shopping cart.
4.3 During the process of placing an Order – until the moment of pressing the “Order” button – the Customer has the possibility to modify the entered data and the choice of Goods. To do this, the Customer should follow the messages and information available on the website.
4.4 After the Customer using the online store has provided all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will contain information regarding:
a) the subject of the order,
b) the unit and total price of the ordered products or services, including delivery costs and any additional costs (if applicable),
c) the selected payment method,
d) the selected delivery method.
4.5 To submit the Order, it is necessary to accept the content of the Terms & Conditions and provide the personal data marked as mandatory.
4.6 Sending the Order by the Customer constitutes a declaration of intent to conclude a Sales Agreement with Serafin Andrzejak in accordance with the content of the Terms & Conditions.
4.7 After placing the Order, the Customer will receive an email confirmation of the Order being accepted.
4.8 The Agreement is deemed concluded upon receipt of the email message by the Customer as mentioned above.
4.9 The Sales Agreement is concluded in Polish, with content consistent with the Terms & Conditions.
5 Delivery
5.1. The delivery of Goods is not limited to the territory of the Republic of Poland and is made to the address indicated by the Customer during the Order placement.
5.2. The delivery of ordered Goods is carried out by courier shipment. Additionally, the delivery costs will be indicated during the Order placement.
5.3. The delivery time is 7 to 14 working days from the date of payment credited to the account provided in Section 6 point 6.2.
5.4. Customers can access these Terms and Conditions at any time through the link posted on the main page of the website www.serafinandrzejak.com and can download and print them.
6 Prices and payment methods
6.1. The prices of Goods are provided in Polish zloty and include all components, including VAT.
6.2. The Customer has the option to pay the price:
a) by bank transfer to the following account:
Serafin Andrzejak
Ul. Piaskowa 9a
64-125 Poniec
Santander 92 1090 1870 0000 0001 2388 1426
b) payment: Przelewy 24h
c) payment: PayPal
7 Right of withdrawal from the contract
7.1. The Customer has the right to withdraw from this contract within 30 days without stating any reason.
7.2. The deadline for withdrawal from the contract expires after 30 days from the day on which the Customer acquires the goods or on which a third party other than the carrier and indicated by the Customer acquires the goods.
7.3. To exercise the right of withdrawal from the contract, the Customer must inform the online store via email at contact@serafinandrzejak.com of their decision to withdraw from this contract by means of an unequivocal statement and send a confirmation of the accepted return along with the product to the following address:
Serafin Andrzejak
Ul. Ligocka 2/1
02-556 Warsaw
7.4. The Customer bears the costs of shipping related to the return or exchange.
7.5. The online store only accepts returns in the form of shipping, and there is no possibility of a personal return.
7.6. Personalized products are not eligible for returns.
8 Consequences of withdrawal from the contract
In the event of withdrawal from this contract, the online store will refund all payments received from the Customer, including the costs of delivering the goods (except for additional costs resulting from the Customer’s chosen method of delivery other than the least expensive ordinary method offered by the online store), without undue delay and in any case not later than 14 days from the day on which the online store is informed of the decision to withdraw from this contract. The online store will make the refund using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not incur any fees as a result of such a refund. The goods should be returned or delivered to the address of Serafin Andrzejak immediately and in any case no later than 14 days from the day on which the Customer informed the online store of the withdrawal from this contract. The deadline is met if the Customer sends back the goods before the period of 14 days has expired.
Please note that products showing signs of use and with removed price tags are not eligible for return or exchange.
9 Complaints regarding Goods
9.1. Serafin Andrzejak, as the seller, is liable to the Customer who is a consumer within the meaning of Article 22 of the Civil Code for warranty claims within the scope specified in the Civil Code, in particular in Articles 556 and 556-556 of the Civil Code.
9.2. Complaints arising from the violation of the Customer’s legally guaranteed rights or based on these Terms and Conditions should be addressed to contact@serafinandrzejak.com. Serafin Andrzejak undertakes to consider each complaint within 14 days, and if that is not possible, to inform the Customer within this period of when the complaint will be considered.
9.3. Serafin Andrzejak is the manufacturer of the goods. The manufacturer is responsible for the warranty of the sold Goods.
10. Complaints regarding the provision of electronic services
10.1. Serafin Andrzejak takes actions to ensure the proper functioning of the Store to the extent resulting from the current technical knowledge and undertakes to rectify any reported irregularities within a reasonable period of time.
10.2. The Customer is obliged to immediately notify Serafin Andrzejak of any irregularities or disruptions in the functioning of the online Store service.
10.3. The Customer may report irregularities related to the functioning of the Store in writing to the following address: contact@serafinandrzejak.com.
10.4. In the complaint, the Customer should provide their first name and last name, correspondence address, type, and date of the reported irregularity related to the functioning of the Store.
10.5. Serafin Andrzejak undertakes to consider each complaint within a period of up to 14 days, and if that is not possible, to inform the Customer within this period of when the complaint will be considered.
11. Copyrights
11.1. All designs, products, descriptions, and photos presented in the Serafin Andrzejak Store are the property of Serafin Andrzejak and may not be copied, distributed, or used for commercial purposes or presentations on other websites without the consent of the store owner at www.serafinandrzejak.com.
11.2. The Serafin Andrzejak logo, as well as all design patterns and products on the website www.serafinandrzejak.com, are the property of the Serafin Andrzejak Store. All copyrights, personal rights, and property rights to the elements listed in Section XI 11.1 and 11.2 of these Store Terms and Conditions are reserved.
11.4. Matters not regulated in these Terms and Conditions are subject to the provisions of the Civil Code, the Act on the Provision of Electronic Services, and other relevant Polish laws.
12. Privacy Policy and Personal Data Protection
12.1. The Seller is the administrator of personal data provided by Customers of the online Store www.serafinandrzejak.com in connection with purchases.
12.2. Personal data are used for the purpose of fulfilling sales contracts and may be transferred to entities responsible for delivering the purchased Goods to the Customer and, in the case of installment purchases, to credit institutions financing the purchase. Customers have the right to access and correct their data. The provision of data is voluntary.
12.3. The Seller processes the personal data of Customers in accordance with the Act of August 29, 1997, on the Protection of Personal Data (Journal of Laws No. 133, item 883, as amended) and the Act of July 18, 2002, on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended).
12.4. Information on methods and technical means for detecting and correcting errors in the entered data:
a) During the Order placement, until the Order is submitted, Customers who have an account in the online Store www.serafinandrzejak.com have the possibility to independently correct the entered data by editing their account profile.
b) Data verification or Order correction can also be made by sending an email to the Seller at contact@serafinandrzejak.com.
c) The Customer has the possibility to change the data entered during the creation of the Account at any time within the provided options.
12.5. Information on the principles and methods of recording, securing, and providing the content of the concluded agreement by the Seller to the other party:
a) Recording, securing, and providing the content of the concluded agreement is done by sending a relevant email message after the Sales Agreement is concluded.
b) Recording, securing, and providing the content of the concluded Sales Agreement is done by sending the content of the agreement or by providing the Customer with the Order specification and proof of purchase to the email address provided by the Customer.
c) The content of the concluded agreement is additionally recorded and secured in the Seller’s IT systems and made available at the Customer’s request.
12.6. Personal data will be processed in connection with the execution of a sales agreement through the online store. Personal data will be stored until the expiration of all claims between the store and the Buyer. The basis for processing personal data is the performance of a contract for the Buyer. Providing personal data is voluntary; however, failure to provide them prevents the User from having an account and making purchases through the store. If the second checkbox is selected, personal data will also be processed for marketing purposes, based on Article 6(1)(f) of the Regulation on the Protection of Personal Data of April 27, 2016 (GDPR). Providing personal data for this purpose is voluntary; however, failure to provide them prevents receiving messages from us. Personal data will be stored until the Buyer unsubscribes from the newsletter.
The Buyer has the right to request access to their personal data, their correction, deletion, and the right to limit their processing. Additionally, the Buyer has the right to withdraw consent at any time without affecting the lawfulness of processing, the right to data portability, and the right to object to the processing of personal data.
The Buyer has the right to lodge a complaint with the President of the Personal Data Protection Office. Personal data will be transferred only to our subcontractors, i.e., IT service providers, courier companies, and accounting firms.
13. Amendment of the Terms and Conditions
13.1. Customers who have an account in the Store will be informed of the change to the Terms and Conditions via email correspondence.
13.2. If the Store’s Terms and Conditions have changed during the period since the Customer’s last login, the Customer accepts or rejects its provisions after the changes. In the case of non-acceptance of the Terms and Conditions, especially after introducing changes to them, purchases in the Store are not possible.
13.3. Customers who do not accept the introduced changes to the Terms and Conditions have the right to delete their account at any time.
13.4. Orders placed by Customers before the effective date of the changes to the Terms and Conditions will be fulfilled in accordance with the previous provisions of the Terms and Conditions.
14. Final provisions
14.1. Resolving any disputes between Serafin Andrzejak and a Customer who is a consumer within the meaning of Article 22 of the Civil Code shall be subject to the jurisdiction of the competent courts in accordance with the provisions of the relevant Code of Civil Procedure.
14.2. Resolving any disputes between Serafin Andrzejak and a Customer who is not a consumer within the meaning of Article 22 of the Civil Code shall be subject to the jurisdiction of the court competent for Serafin Andrzejak.
Warsaw, February 20, 2016, with amendments made on May 24, 2018, due to the introduction of new regulations on the Protection of Personal Data and Privacy (GDPR).