Statute

Regulations for the sale of goods at a distance and the provision of services by electronic means

 

§ 1

Entry


These regulations define the terms and conditions of using the online store available at www.estetica-home.com by Przedsiębiorstwo Wielobranżowe Estetica Aleksandra Łesyk at ul. Allied, 14-400 Pasłęk, REGON: 365758270, NIP: 5782790130; and in particular defines the rules for placing Orders and concluding sales contracts using means of distance communication, as well as the use by customers of services via the Online Store.

Data for quick communication with the Seller (address / contact / complaint details):

Correspondence (delivery address) should be sent to:

 

Estetica Aleksandra Łesyk 

st. Allied

14-400 Paslek

e-mail: info@estetica-home.pl

Bank account number:

PL80 2030 0045 1110 0000 0115 8300

Returns should be directed directly to the warehouse:

Estetica Aleksandra Łesyk 

st. Allied

14-400 Paslek

e-mail: info@estetica-home.com

§ 2

Glossary of terms


The terms used in the Regulations mean:

1) Customer - a natural person, including a Consumer, who is at least 18 years of age, as well as a legal person or an organizational unit that is not a legal person, to whom specific provisions grant legal capacity, and who has placed or intends to place an Order or uses other services of the Store Internet;

2) Consumer - a natural person who performs a legal act not directly related to his business or professional activity;

3) Account (Customer Account) - a subpage of the Store, under which the Customer has the option of e.g. manage personal data, manage the status of Orders placed by him, and place Orders after logging in without having to provide his personal data;

4) Regulations - these Regulations of sale using means of distance communication and the provision of services by electronic means. In the scope of services provided electronically, the Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services;

5) Registration - a one-time, free-of-charge activity consisting in setting up a Customer Account by the Customer, made using the administration panel provided by the Service Provider on the Store's website;

6) Online Store (hereinafter also referred to as the "Store") - a website available at www.estetica-home.com through which the Customer may place Orders and use other Store Services;

7) Party - Service Provider or Customer;

8) Goods - a movable item being the subject of the Sales Agreement;

9) Sales contract - a sales contract within the meaning of the Civil Code, concluded between the Service Provider and the Customer using means of distance communication via the Store, the subject of which are the Goods;

10) Service (Services) - a service provided by the Service Provider electronically on the terms set out in the Regulations via the Store;

11) Service Provider (also "Seller") - Przedsiębiorstwo Wielobranżowe Estetica Aleksandra Łesyk at ul. Sprzymierzych, 14-400 Pasłęk, REGON: 365758270, NIP: 5782790130


12) Act - Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827);

13) Order - Customer's declaration of intent constituting an offer to conclude a Sales Agreement with the Service Provider, aiming directly at concluding a Distance Sales Agreement via the Online Store, specifying the type and number of Goods being the subject of the Sales Agreement.

§ 3

Obligations of the Parties

1. Each of the Parties to the Sales Agreement is obliged to fulfill its performance, i.e. to perform the concluded Sales Agreement.


2. The Customer is obliged to use the Services offered by the Service Provider in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, and not to provide content prohibited by generally applicable laws.

3. The Seller is obliged to deliver the Goods free from defects.

4. The Service Provider is obliged to provide Services in accordance with the law and the provisions of the Regulations.


5. If the buyer is a Consumer, the Seller is obliged to immediately deliver the item to the buyer, no later than thirty days from the date of conclusion of the Sales Agreement, unless the Sales Agreement provides otherwise (e.g. a different delivery date is indicated in the description of the Goods).

§ 4

Orders


1. The Customer may place Orders via the Online Store 7 days a week, 24 hours a day. Registration is not required to place an Order.

2. In order to conclude a Distance Sales Agreement for Goods via the Online Store, it is necessary to select the Goods, log in to the Customer Account or provide the necessary data required by the Seller during the Order placement process and finally place the Order by taking subsequent steps based on the information displayed to the Customer.

3. The condition for placing an effective Order is that the Customer has read and accepted the Regulations.

4. Placing an Order constitutes an offer to conclude a Goods Sale Agreement, within the meaning of the Civil Code, submitted to the Seller by the Customer.

5. After placing the Order, the Customer receives an e-mail confirming the receipt of the Order by the Store, containing the final confirmation of all essential elements of the Order.

6. Upon receipt by the Customer of the confirmation referred to in par. 5 above, a Sales Agreement is concluded.

7. The Customer may withdraw the Order in its entirety until it is sent, which does not prejudice the right to return the Goods in accordance with § 6 of the Regulations.

 

§ 5

Prices, payments and delivery of the Goods

1. The prices of the Goods in the Store are given in Polish zlotys and are gross prices, i.e. they include VAT.

2. The prices of the Goods do not include delivery costs, which are each time indicated in the Order placement process. The total value of the Order includes the price of the Goods and delivery costs, if the delivery costs are borne by the Customer.

3. In the case of shipment outside of Poland, delivery costs are agreed individually, after prior e-mail or telephone contact, with the cost of transport covered by the Customer.

4. Delivery costs do not include bringing the Goods to the Customer's home. The scope of the courier company's obligation is limited to unloading the imported parcel, without bringing it.

5. Shipments are made from Monday to Friday. The delivery time from the moment of dispatch is up to 2 business days.

6. The Seller allows personal collection of the Goods from the Store's warehouse only after prior e-mail or telephone contact and agreeing the date of collection.

7. Order fulfillment time is up to 40 business days, plus delivery time.

8. The customer has the option of paying the price in the following way:

a) by bank transfer to the Service Provider's bank account (prepayment);

9. The delivery of the ordered Goods takes place via a courier company or the Service Provider's own transport.

10. Delivery costs are indicated in the basket when placing the Order and vary for different payment methods.

DELIVERY PICKUP

11. Upon receipt of the shipment with the ordered Goods, we suggest that the Consumer check the shipment and indicate that in the event of:

1) mechanical damage to the contents of the shipment,

2) incompleteness of the shipment,

3) non-compliance of the contents of the shipment with the subject of the Order,

The consumer is entitled to refuse the shipment. In such a case, we suggest that you write down your remarks or notes from the event in the presence of the supplier and immediately notify the Service Provider of the situation. In any case, in the event of damage, we suggest drawing up a damage report in the presence of the delivery person.

12. A Customer who is not a Consumer is obliged to check its content at the time of receipt of the shipment. If it is found to be damaged, he is obliged to report this fact to the supplier of the Goods and immediately contact the Seller. Complaints regarding mechanical damage to the Goods during transport will be considered only after drawing up a damage report signed by the recipient who is not a Consumer and the supplier of the shipment.

13. The Seller reminds that pursuant to art. 548. § 1 of the Civil Code, upon delivery of the sold item, the benefits and burdens related to the item (Goods) and the risk of accidental loss or damage to the item (Goods) are transferred to the buyer (Client).

14. If the Goods are to be sent by the Seller to the Consumer, the risk of accidental loss or damage to the Goods passes to the Consumer upon delivery of the Goods to the Consumer. The delivery of the Goods is considered to be entrusting it by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer.

§ 6

Consumer's right to withdraw from the Agreement (return of Goods)

1. The Consumer may withdraw from the Contract for the sale of Goods concluded remotely without giving any reason, by submitting a relevant statement in writing, within 14 (fourteen) days, the period running from the moment the Consumer or a third party indicated by him (other than the carrier), and in the case of a contract that includes many items that are delivered separately, in batches or in parts - from taking possession of the last item, batch or part. To meet the deadline, it is enough to send an appropriate statement before its expiry to the Seller's address.

2. The statement referred to in par. 1 above may also be submitted on the form, the template of which is attached as Appendix 2 to the Act and Appendix 1 to the Regulations.

3. In the event of withdrawal from the Contract for the sale of Goods concluded remotely, the contract is considered void.

4. If the Consumer submitted a statement of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.

 

Right to withdraw from an off-premises or remote contract

A consumer who has concluded a distance or off-premises contract may withdraw from it within 14 days without giving any reason and without incurring costs, except for:

  • additional costs of delivering the item other than the cheapest standard delivery method offered by the entrepreneur , i.e. in the case of choosing a more expensive type of delivery, the consumer should be reimbursed for the cost of the cheapest option available,
  • direct costs of returning the item , i.e. return shipping costs are charged to the consumer, although the seller may agree to bear these costs.

The period of 14 days for withdrawal is counted from the consumer taking possession of the item, and to meet the deadline it is enough to send a statement before its expiry.

The entrepreneur is obliged to immediately, not later than within 14 days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the item.

The entrepreneur refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him.

The consumer is obliged to return the item to the entrepreneur immediately, but not later than 14 days from the date on which he withdrew from the contract .

The consumer is responsible for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.

Considering the nature of the business, it should be noted that the right to withdraw will not apply to, among others, items:

  • non-prefabricated, manufactured according to the consumer's specifications or to meet his individual needs.
  • which after delivery, due to their nature, are inseparably connected with other things

applies to a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by it, made available on the basis of the provisions on the Central Register and Business Information.


Consumer Obligations

5. The consumer is obliged to return the Goods to the Seller or hand them over to the person authorized by the Seller to collect them immediately, but not later than 14 days from the date on which he withdrew from the Sales Agreement, unless the Seller proposed that he would collect the Goods himself. To meet the deadline, it is enough to send back the Goods before its expiry. The goods should be packed in a way that guarantees their safe transport.

6. The consumer bears the direct costs of returning the Goods (cost of sending back).

7. The consumer is responsible for the decrease in the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

Responsibilities of the Seller

8. The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Sales Agreement, return to the Consumer all payments made by him, including the costs of delivering the Goods, and if the Seller has not offered to collect the Goods himself from the Consumer, may withhold the reimbursement of payments received from the Consumer until receipt of the item back or delivery by the Consumer of proof of its return, depending on which event occurs first.

9. The Seller refunds the payment using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to a different method of return, which does not involve any costs for him.

10. If the Consumer has chosen a method of delivering the Goods other than the cheapest usual method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.

11. We suggest attaching proof of purchase to streamline the return process.
Statutory exclusion of the right to withdraw from the Sales Agreement

12. The right to withdraw from the contract does not apply in the situations specified in art. 38 of the Act, i.e. in relation to contracts:

1) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur, he will lose the right to withdraw from the contract;

2) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawing from the contract;

3) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;

4) in which the subject of the service is an item that deteriorates quickly or has a short shelf life;

5) in which the subject of the service is an item 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 service are items that after delivery, due to their nature, are inseparably connected with other items;

7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control;

8) in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or supplies items other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or items;

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 a subscription agreement;

11) concluded by way of a public auction;

12) for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;

13) for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline for withdrawing from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.

 

§ 7

Warranty for physical defects of the Goods (Complaints and complaint procedure)

  1. The Seller is obliged to deliver the Goods free from defects and is responsible for the defects of the Goods.

    2. A physical defect consists in the non-compliance of the sold Goods with the Sales Agreement.

    3. Complaints under the warranty for defects (non-compliance of the Goods with the Sales Agreement) may be submitted in writing or by e-mail to the Seller's address.
    4. In order to speed up the examination of the complaint, please provide in the content of the complaint: the claim, a brief description of the reasons justifying the complaint and the Consumer's contact details. Please attach proof of purchase of the Goods (invoice) to the complaint, if possible. If the complaint does not contain the information necessary to consider the complaint, the Seller will contact the Customer to obtain it.

    5. If the Goods sold have a defect, the Customer may:

    1) submit a statement of price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with defect-free Goods or removes such a defect. The reduced price should be in such proportion to the price resulting from the contract, in which the value of the Goods with a defect remains to the value of the Goods without defects. The Customer may not withdraw from the contract if the defect of the Goods is insignificant;

    2) demand replacement of the Goods free of defects or removal of the defect. The Seller is obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience to the Customer with reservations and on the terms set out in the relevant provisions of the Civil Code.

    6. If the Customer is a Consumer, he may, instead of removing the defect proposed by the Seller, demand the replacement of the Goods free from defects, or instead of replacing the Goods, demand removal of the defect, unless bringing the Goods into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to with the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would be exposed by a different method of satisfaction.

    7. The customer who exercises the rights under the warranty should deliver the defective Goods, preferably with the note "complaint".

    8. The consumer will be notified within 14 days about the consideration of the complaint and the manner of its settlement.

    9. The Seller is liable for non-compliance of the Goods with the contract only if it is found within two years from the delivery of the Goods to the Consumer. The consumer loses the right to demand that the Goods be brought into conformity with the contract, which he is entitled to under the applicable provisions, if he does not notify the Seller of this within twelve months of finding the non-compliance of the goods with the contract. To meet the deadline, it is enough to send a notification before its expiry.

10. In the case of sales between entrepreneurs, the buyer (the Customer who is not a Consumer) loses his rights under the title warranty, if he did not examine the Goods in time and in the manner accepted for items of this type and did not immediately notify the Seller about the defect, and if the defect came to light only later - if he did not notify the Seller immediately after finding it.

Sales warranty regulations

The seller is liable to the buyer if the sold item has a physical or legal defect (warranty). However, in your case, legal defects of the item will not occur, because they relate to the situation when the sold item is owned by a third party or if it is encumbered with the right of a third party, and also if the restriction on the use or disposal of the item results from a decision or judgment of a competent authority ( Article 556 3 of the Civil Code).

The seller is liable under the warranty if a physical defect is found before the expiry of two years. The claim for removal of the defect or replacement of the sold item with a defect-free one expires after one year, counting from the date of finding the defect. If the buyer is a consumer, the limitation period cannot end before the expiry of 2 years.

The physical defect of the item consists in the non-compliance of the item sold with the contract . The Act distinguishes cases when such non-compliance occurs in particular. These are in turn:

  • lack of properties that an item of this type should have due to the purpose specified in the contract or resulting from circumstances or purpose (e.g. in a fold-out sofa, the mechanism that allows it to be unfolded is defective),
  • lack of properties that the seller assured the buyer about, including by presenting a sample or pattern (e.g. glass of a coffee table, which is easily scratched, despite assurances about its durability and strength),
  • the item is not suitable for the purpose of which the buyer informed the seller at the conclusion of the contract, and the seller did not raise any objections as to its intended use , (e.g. the seller was informed by the customer that he intended to use an unstable cabinet as a TV stand, and the seller did not lead the buyer out of the mistaken belief that the cabinet would not be suitable for this purpose),
  • the item was delivered to the buyer incomplete.
  • incorrect assembly is also a defect if it was done by the seller, and if it was done by the buyer, as long as he followed the instructions received from the seller.

It should be emphasized that the Seller is released from liability under the warranty if the buyer knew about the defect at the time of concluding the contract (e.g. when the seller informed him that the furniture is not suitable for the purpose for which the buyer wants to use it).

The seller is liable under the warranty for physical defects that existed at the time the danger passed to the buyer or resulted from a cause inherent in the item sold at the same time. If the buyer is a consumer and the physical defect was found within one year from the date of delivery of the sold item, it is presumed that the defect or its cause existed at the time when the danger passed to the buyer. This principle should most often be understood in such a way that if the consumer reports a defect within 1 year of its release, it should be assumed that the defect existed from the very beginning . At the same time, this presumption is rebuttable - the seller can prove that neither the defect nor its cause existed in the thing at that time.

If the item has a physical defect, the buyer may:

  • submit a price reduction statement,
  • submit a declaration of withdrawal from the contract (but only if the defect is significant),

unless the seller immediately and without undue inconvenience to the buyer replaces the defective item with a defect-free item or removes the defect - this is the counter-right of the seller, but it will not apply if the item has already been replaced or repaired on this basis or the seller has not satisfied the obligation to replace items free from defects or defect removal.

After submitting such a statement by the customer and using the seller's counter-right, the buyer who is a consumer has the right to demand a change in the method of removing the defect proposed by the seller (e.g. demand removal of the defect instead of replacing the item) . However, such a right of the consumer will not occur if it is impossible to repair the defect in the manner chosen by him or if it would require excessive costs compared to the other possible method.

The significance of the defect is an undefined concept. It is assumed that its significance or insignificance should be assessed in relation to the justified expectations of the buyer in relation to the subject of the contract. The burden of proof as to the insignificance of the defect lies with the seller, i.e. the seller must prove that the defect was insignificant.

The Buyer may also immediately, without submitting declarations of withdrawal or price reduction:

  • demand replacement of the item with a defect-free one,
  • demand removal of the defect,

and the seller is obliged to comply with the buyer's request within a reasonable time. Also in this case, the seller will be bound by the buyer's choice, unless repairing the defect in the manner chosen by him is impossible or would require excessive costs compared to the other possible method .

The regulations do not define what is a "reasonable time" - the specific deadline for the performance of the obligation will always depend on the type of item, type of defect and situation (e.g. whether it is necessary to bring a specific part of the furniture in advance).

If the defect of the item results from its incorrect assembly, the buyer may request the seller to dismantle and reinstall it after replacing it with a defect-free one or removing the defect . In the event of failure to perform this obligation by the seller, the buyer is authorized to perform these activities at the expense and risk of the seller . The seller may, in turn, refuse the above-mentioned activities if their cost exceeds the price of the item sold.

Exercising the rights under the warranty, the Buyer is obliged to deliver the defective item at the expense of the seller . However, if it would be significantly difficult, then the buyer is obliged to make the item available to the seller at the place where the item is located - i.e., as a rule, the buyer should return the item at the seller's expense, however, if the defective item, e.g. due to dimensions, cannot be returned without excessive difficulties, the seller should organize its transport at his own expense.

One should be careful about the tacit acceptance of the complaint - in the case of consumers, the seller has 14 days to respond to the content of the complaint, under pain of recognizing that it has been accepted. This applies to requesting replacement of the item, removal of the defect and submitting a statement on reducing the price of the defective item with an indication of the amount by which the price is to be reduced. This rule does not apply if the buyer uses the right to withdraw from the contract.

§ 8

newsletter


1. The customer may agree to receive commercial information, i.e. he has the option of ordering the Newsletter - a service provided by the Service Provider. The Newsletter is sent only to Customers who have ordered the Newsletter.

2. As part of the Newsletter service, information is sent via e-mail to the e-mail address provided by the Customer in the form of an electronic letter (e-mail) containing the information bulletin (Newsletter) of the Online Store, as well as other commercial information sent by the Service Provider on its own behalf and on behalf of third parties.

3. The Customer may unsubscribe from the Newsletter at any time.

 

§ 9

Other Rights and Obligations

 

1. The contract for the provision of electronic services (for the use of the store) is concluded for an indefinite period.

2. Each Party may terminate the contract for the provision of electronic services (for the use of the Store's infrastructure - Customer Account) at any time and without giving reasons, subject to the preservation of the rights acquired by the other Party before the termination of the contract and the provisions below.

3. The Customer who has registered terminates the contract for the provision of electronic services by independently removing the Account, consisting in submitting an instruction to delete it or submitting a request to delete the Service Provider's Account, however, in the event of a request to delete the Service Provider's Account, the contract is terminated after the expiry of the notice period of 5 days.

4. The Service Provider, wishing to terminate the contract for the provision of electronic services, will inform the Customer to the e-mail address provided by the Customer during Registration, within 14 days before the planned date of deleting the Customer Account.

5. The Service Provider has the right to terminate the contract for the provision of electronic services immediately, in the event of a breach by the Customer of the provisions of these Regulations and as a result of an ineffective request to the Customer to stop the above-mentioned. violations with a period of at least 3 business days.

 

§ 10

General conditions of using the Store

 

2. The Service Provider provides the following Services via the Online Store:

1) presentation of the Store's offer,

2) the possibility of placing Orders for Goods available in the Online Store and thus concluding Distance Sales Agreements,

3) informing the Customer about the current status of the Order,

4) the possibility of using the Customer Account,

3. Access to the services specified in par. 1 point 1-3 above does not require Registration.

4. Access to the service specified in par. 1 point 4 above requires Registration.

5. To use the Store, the Customer must have a device with Internet access equipped with a web browser that supports cookies and Javascript scripts. It is acceptable to use other versions of web browsers, if they ensure full compatibility with the versions listed above.

6. To maintain the safety of using the Online Store, it is recommended that the device used by the Customer should have in particular:

1) anti-virus system with the latest version of virus definitions and updates,

2) an effective security firewall (firewall),

3) all available updates of the operating system and web browser related to security have been installed,

4) activated function of accepting cookies and Java Script in the web browser,

5) software enabling reading files in PDF format.

7. Complaints related to the functioning of the Store may be submitted by the Customer in writing to the Seller's address or via e-mail.

8. In the complaint, the Customer should provide his name and surname, correspondence address, as well as the basis for the complaint.

9. The Seller undertakes to consider the complaint within 14 days.

 

§ 11

Dispute settelement


1. Settlement of any disputes arising between the Service Provider and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

2. Settlement of any disputes arising between the Service Provider and the Customer who is not a Consumer is submitted to the court competent for the seat of the Service Provider.

 

§ 12

Out-of-court methods of dealing with complaints and pursuing claims and the rules of access to these procedures

1. If the Seller does not accept the Consumer's complaint and the Consumer does not agree with the Seller's decision, he may apply for mediation or settlement to the arbitration court, and thus use alternative dispute resolution methods (ADR - Alternative Dispute Resolution).

2. The use of ADR is possible only after:

1) completion of the complaint process (first, a complaint should be submitted to the Seller), and

2) consent by both parties to the ADR procedure (if one of the parties does not agree to the ADR procedure, it is not possible to apply it - then the legal route remains).

3. Detailed information on the out-of-court mode of pursuing claims can be obtained in the guide of the Office of Competition and Consumer Protection available at the link:

http://www.uokik.gov.pl/download.php?plik=15038

4. Information on the possibility for the Customer who is a Consumer to use out-of-court methods of dealing with complaints and redress as well as the rules of access to these procedures are also available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include protection consumers, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:

· http://www.uokik.gov.pl/spory_konsumenckie.php;

· http://www.uokik.gov.pl/sprawy_indywidualne.php;

· http://www.uokik.gov.pl/wazne_adresy.php;

5. The Customer who is a Consumer has e.g. the following possibilities of using out-of-court methods of dealing with complaints and pursuing claims:

1) Online dispute resolution platform (Online Dispute Resolution) available from February 15, 2016 available at http://ec.europa.eu/consumers/odr/

2) Permanent consumer arbitration court operating at the Trade Inspection - the possibility of requesting the settlement of a dispute arising from the concluded Sales Agreement;

3) the voivodship inspector of the Trade Inspection may request the initiation of

amicable mediation proceedings until the end of the dispute between the Customer and the store;

4) poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer helpline number 800 007 707 and by the Polish Consumers Association at the email address: advice@dlakonsumentow.pl

§ 12 Personal data


1. Customers' personal data are processed by the Service Provider taking into account the provisions of law in this regard, in particular the Act of August 29, 1997 on the protection of personal data.

2. The administrator of personal data is the Seller.

3. Providing personal data is voluntary, however, failure to provide the required personal data may make it impossible to place an Order.

4. All personal data provided are subject to special protection.

5. Everyone has the right to access their personal data, as well as the right to request their update or stop processing.

 

§ 13

Cookies


1. The store uses cookies.

2. Cookie files (so-called "cookies") are IT data, in particular text files, which are stored on the Customer's end device and are intended for using the Website's websites. Cookies usually contain the name of the website from which they come, storage time them on the end device and a unique number.

3. The entity placing cookies on the Customer's end device and accessing them is the Seller.

4. Cookies are used for the following purposes:

1) creating statistics that help to understand how customers use websites, which allows improving their structure and content;

2) maintaining the Customers' session (after logging in), thanks to which the Customer does not have to re-enter the login and password on each subpage of the Website;

3) adapting the Store's website to the needs of customers.

10. The Website uses two basic types of cookies: "session" (session cookies) and "permanent" (persistent cookies). "Session" cookies are temporary files that are stored on the Customer's end device until logging out, leaving the website or turning off the software (web browser). "Permanent" cookies are stored on the Customer's end device for the time specified in the cookie file parameters or until time of their removal by the Customer.

11. Software for browsing websites (web browser) usually allows cookies to be stored on the Customer's end device by default. Customers can change the settings in this regard. The web browser allows you to delete cookies. It is also possible to automatically block cookies. Detailed information on this subject can be found in the help or documentation of the web browser.

12. Restrictions on the use of cookies may affect some of the functionalities available on the Store's website.

 

§ 14

Final Provisions


1. The consumer has the right to negotiate the terms of the provisions of the Regulations. In order to exercise this right, the Consumer should contact the Service Provider via traditional mail, e-mail or telephone.

2. In matters not covered by these Regulations, generally applicable laws shall apply.

3. Customers may access the Regulations at any time and free of charge via an internet link (i.e. a link) on the Store's home page and print it out.

4. Information about the Goods provided in the Store, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.

5. Exclusive rights to the content made available as part of the Online Store, in particular copyrights to photos, the name of the Store, trademarks of the Service Provider and producers of the Goods, their graphic elements, software and rights in the field of databases are subject to legal protection and are vested in the Service Provider or entities with which the Service Provider has concluded relevant agreements. It is forbidden to copy or use any other elements of the Store without the consent of the Service Provider.

Appendix No. 1 to the Regulations

Sample withdrawal form from the Sales Agreement



(this form should be completed and returned only if you wish to withdraw from the contract)

Date: ................................................... ............

Addressee:

Contact details:

Headquarters:

Estetica Aleksandra Łesyk

st. Allied

14-400 Paslek

 

Warehouse:

Estetica Aleksandra Łesyk

st. Allied

14-400 Paslek


e-mail: info@estetica-home.com

I hereby inform about my withdrawal from the contract of sale of the following items:

..................................................... ..................................................... ..................................................... ...................................

Date of receipt of the Goods: .............................................. ..................................................... ..................................................... ........

Consumer's name: .............................................. ..................................................... ...................................................

Consumer's address: .............................................. ..................................................... ..................................................... .........

........................................

Consumer's signature (only if the form is sent on paper)

 

Appendix No. 2 to the Regulations

The colors presented in the color charts may not be 100% faithfully reproduced on your screen. This is related to e.g. with the calibration and settings of your monitor and with the quality of the graphics card converters. The color charts are not used to represent each color absolutely faithfully, but only to approximate it as closely as possible.

The fabrics shown in the photos in our pattern books are for illustrative purposes and do not constitute an offer within the meaning of the law. In fact, the colors and structure of the fabrics may vary. The choice of fabrics should be made only on the basis of samples, templates or other available materials intended for this purpose.
Shade differences between individual production batches are allowed

 

Appendix No. 3 to the Regulations - Privacy and Cookies Policy