REGULATIONS OF THE ONLINE STORE
www.mybudio.eu
valid from June 7, 2023
The Regulations define the rules for the provision of sales services via the website of an online store operating under the domain: It is a document required in the light of Art. 13 of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827).
The owner and administrator of the store is the company:
Registration data:
Company name:
Avocado Studio Jakub Marciniak
Address:
street Fabryczna 9B, 64-800 Chodzież
Address for CORRESPONDENCE and SHIPPING:
street Fabryczna 9B, 64-800 Chodzież
Contact:
Tel. +48 501 209 331 or +48 795 594 935
e-mail: bok@mybudio.eu or sklep@budujto.pl
Registration data - register and number: Company entered into the Central Registration and Information on Economic Activity (CEIDG) under the number
NIP: 7642396664, REGON: 301359840
A. Definitions
ONLINE STORE - A sales or service provision contract is concluded electronically and if a CONSUMER is a party to the contract, it takes place on the terms described in the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827).
SELLER and SERVICE PROVIDER - Entrepreneur: Avocado Studio Jakub Marciniak, ul. Fabryczna 9B, 64-800 Chodzież, REGON 301357344 - sales contract concluded via the ONLINE STORE website
CUSTOMER - a natural person, as well as a legal person and an organizational unit that is not a legal person, which is granted legal capacity by special provisions and who concludes or intends to conclude a contract or uses other services offered via the ONLINE STORE website.
CONSUMER - CUSTOMER, a natural person concluding a legal transaction with the SELLER that is not directly related to its business activity - precise definition - Civil Code Art.22.
PRODUCT - an item offered for sale or a service offered in the ONLINE STORE.
REGULATIONS - these Regulations of the ONLINE STORE.
SALES AGREEMENT - a PRODUCT sales agreement concluded remotely via the ONLINE STORE.
ORDER - a declaration submitted electronically or by telephone about the willingness to conclude a contract (order a product or service).
NEWSLETTER - a service provided electronically by the SELLER, consisting in sending commercial and advertising information to interested parties to the e-mail address provided by the interested party.
Allegro GROUP - Grupa Allegro Sp. z o. o. with its registered office in Poznań, (60-166 Poznań, ul. Grunwaldzka 182), entered into the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under KRS number 0000268796, with a share capital of PLN 33,474 PLN 500, with tax identification number NIP: 5272525995.
WORKING DAY – one day from Monday to Friday, excluding public holidays.
REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
ORDER FORM - Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
CIVIL CODE - Civil Code Act of April 23, 1964 (Journal of Laws 1964, No. 16, item 93, as amended).
ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's IT system, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Store
ORDER - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
1. REVIEWS IN THE ONLINE STORE
1.1. The Customer of the Online Store has the opportunity to voluntarily and free of charge submit an opinion regarding purchases made in the Online Store. The subject of an opinion may also be a rating, photo or review of a product purchased in the Online Store.
1.2. After making purchases in the Online Store, the Seller provides the data necessary to create an email invitation to the company handling the survey process. The sending of surveys and the process of collecting opinions in forms is fully handled by TrustMate SA with its registered office at Bartoszowicka 3, 51-641 Wrocław. TrustMate SA sends the Customer an e-mail with a request to submit an opinion and a link to the online form enabling its issuance - the online form allows you to answer the Seller's questions regarding purchases, evaluate them, add your own description of the opinion and a photo of the purchased product. If no review is submitted after receiving the first invitation to leave a review, TrustMate may resend the invitation.
1.3. An opinion can only be issued by the Customer who made the purchase
1.4. The opinions issued by the Customer are published by the Seller in the Online Store and on the TrustMate.io business card.
1.5. Issuing an opinion cannot be used by the Customer for illegal activities, in particular for activities constituting an act of unfair competition towards the Seller, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties.
1.6. Opinions can only be issued for products actually purchased in the Seller's Online Store. It is prohibited to conclude fictitious/sham sales contracts for the purpose of issuing opinions. The author of the opinion cannot be the Seller himself or his employees, regardless of the basis of employment.
1.7. An opinion expressed may be deleted by its author at any time.
B. General Provisions.
Scope of services provided - sale of various items through the online store.
The Seller - in order to enable the conclusion of the contract, provides the following services via the website of the online store:
creating and administering a customer account in the online store;
processing the product order form in the online store;
with the CUSTOMER's consent - sending commercial information, promotional offers, etc. in the form of a "newsletter" service.
The provision of electronic services in the above-mentioned scope is free of charge. The contract for the provision of electronic services consisting in maintaining and administering the Customer Account on the WEBSITE is concluded for an indefinite period. The moment of conclusion is deemed to be the completion of the CUSTOMER's registration process on the SITE. The contract for the provision of electronic services consisting in enabling the submission of an Order in the Online Store by completing the order form is concluded for a fixed period of time - for the period of completing and processing the order - and is terminated upon submission and acceptance of the Order. The "newsletter" service is concluded for an indefinite period. The contract is concluded when you consent to sending messages to the CUSTOMER's address provided during registration. The CONSUMER may withdraw from the contract for the provision of a service without giving reasons within 14 days from the conclusion of the contract - except when the provision of the service begins before the expiry of this period with the consent of the CONSUMER - by submitting a declaration of withdrawal from the contract to the entrepreneur:
using the electronic model withdrawal form (Annex to the REGULATIONS),
by submitting a declaration on the website,
in the form of an e-mail or in writing to the address of the registered office of the SELLER (SERVICE PROVIDER)
in the case of a service concluded for an indefinite period, both parties have the right to terminate the contract:
The CONSUMER may terminate the contract for the provision of electronic services at any time by submitting an appropriate declaration in electronic or written form to the SELLER's address. The SELLER will immediately confirm receipt of the declaration. Within 7 days of receiving the notice of termination, the SELLER will delete the personal data protection records related to the service and discontinue its provision.
THE SERVICE PROVIDER may terminate the contract for the provision of electronic services if the CONSUMER objectively and illegally grossly violates the Regulations - with a notice period of 30 days from the date of submission of the notice. If both parties to the contract are entrepreneurs, the SERVICE PROVIDER may in such a situation terminate the contract for the provision of Electronic Services with immediate effect.
THE SERVICE PROVIDER and the CUSTOMER may terminate the contract for the provision of electronic services at any time by mutual consent of the parties.
Complaints will be considered immediately, no later than within 14 days. Failure to consider the complaint within this period means that the complaint will be accepted. In order to cooperate with the SERVICE PROVIDER'S IT system on the CUSTOMER's side, it is necessary to have access to a computer or other device enabling communication with the STORE's website via the Internet. In the case of a computer - the system should be equipped with a web browser (for example: Mozilla Firefox version 11.0 or higher, Internet Explorer version 7.0 or higher or other with similar parameters). Recommended monitor resolution - not less than: 1024x768. Mobile devices must be equipped with software - provided by the device manufacturer - enabling operations equivalent to the above-mentioned computer browsers. Additionally, you must have an active email account. To fully use all functions of the ONLINE STORE, it is necessary to enable JavaScript and cookies. The use of scripts and cookies is described in the PRIVACY POLICY located in the tab on the ONLINE STORE website. CUSTOMER - is obliged to enter data into the system that is consistent with the actual situation, in accordance with the law and good practices. The shared data may not violate the personal rights or property rights of third parties. The SELLER is a VAT payer and issues a sales document - a receipt or invoice - for each product sale transaction. The order can only be placed electronically - by e-mail or via the ONLINE STORE WEBSITE. Commercial information - price lists, descriptions, advertisements and other information about the Products available on the Seller's website constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code. A limited number of PRODUCTS are intended for promotional sales and sales, and orders are processed in the order in which payments for the ordered PRODUCTS are credited to the SELLER's account, until the stocks covered by this form of sale are exhausted. The provisions of these REGULATIONS are not intended to exclude or limit any rights of the CUSTOMER who is also a CONSUMER within the meaning of the provisions of the Act of April 23, 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended) - to which he is entitled under applicable law. legal provisions. In the event of inconsistency between the provisions of these REGULATIONS and the above provisions, these provisions shall prevail.
The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for the purposes, within the scope and based on the principles indicated in the privacy policy published on the Online Store's website. Providing personal information is voluntary. Each person whose personal data is processed by the Service Provider has the right to view their content and the right to update and correct them.
C. Order.
THE ONLINE STORE carries out orders in Poland and European Union countries. When ordering from abroad, delivery terms are agreed individually.
The SELLER complies with the Code of Good Practices within the meaning of the Act of August 23, 2007 on counteracting unfair market practices (content available at www.uokik.gov.pl/download.php?id=546)
Before placing an order, the CUSTOMER must read these REGULATIONS. The fact that you have read and accepted all the provisions of these regulations is clearly confirmed when registering in the system and before the final confirmation of the order. The order form will not be accepted without such confirmation.
You can place an order electronically 24 hours a day. 24 hours a day, 7 days a week.
Telephone orders can be placed to the telephone number provided in the CONTACT tab. In the case of a distance contract concluded by telephone, the SELLER confirms the content of the proposed contract by sending it to the CUSTOMER recorded on paper or another durable medium. For the validity of the contract, the CONSUMER submits a declaration of acceptance of the terms and conclusion of the contract - it is effective if it is recorded on paper or another durable medium after receiving confirmation from the SELLER.
After receiving the order and confirming product availability, the SELLER confirms acceptance of the order and begins its implementation.
If the content of the contract indicates that its implementation creates an obligation to pay on the part of the CONSUMER - for the validity of the contract, he is obliged to confirm his understanding of the obligation to pay the amount specified in the contract and to submit declarations by accepting the order using the formula: "ORDER WITH OBLIGATION TO PAY"
The order is processed (preparation and shipment of PRODUCTS) by the SELLER on a business day:
after order confirmation - if payment on delivery is selected;
after receiving the payment on the account - if prepayment was selected.
Differences in quantity of +/- 3% are allowed in the order. (e.g. instead of 2 meters of sandpaper, the customer received 1.94 m or 2.06 m). Order fulfillment deadline for products in stock - no longer than 3 business days, counting from the date set as in the previous point. In most cases, orders are processed within 24 hours. In the case of products offered to order, the deadline will be specified when placing the order. If the CUSTOMER is a CONSUMER, the SELLER is obliged to immediately deliver the item to the CUSTOMER, no later than thirty days from the date of conclusion of the contract, unless the contract provides otherwise. In the event of a delay by the SELLER, the CONSUMER may set an additional deadline for the delivery of the goods, and after its ineffective expiry, he may withdraw from the contract. If the SELLER declares that he will not fulfill this obligation, the other party may withdraw from the contract without setting an additional deadline.
D. Prices.
The product prices given in the store's offer are prices in Polish currency and are gross prices (they include taxes required by law, including VAT).
The prices given are retail prices and do not include discounts and discounts. Discounts and discounts may be granted individually.
The given product prices do not include delivery costs. The exact delivery cost is provided when accepting the order and depends on the shipping method and order value. When completing the order form, the CUSTOMER selects the shipping and payment method and confirms his choice.
The price binding for the CUSTOMER is the price valid at the time of placing the order.
E. Payment methods:
cash on delivery - upon receipt of the sent products;
We do not accept cash on delivery or card payments at the terminal.
prepayment - by transfer to the bank account provided in the SELLER's details;
Fast T-pay payments - card payment type. Blik, fast bank transfers - system administered by Krajowy Integrator Płatności spółka akcyjna (KIP S.A.) based in Poznań, plac Andersa 3, 17th floor, 61-894 Poznań, tel. (61) 66 82 778, e-mail info@tpay .com.
PayU online payment system – system administered by PayU S.A. with its registered office in Poznań, (60-166 Poznań, ul. Grunwaldzka 182), entered into the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under KRS number 0000274399, with a share capital of PLN 4,000. PLN 000, fully paid, with tax identification number NIP: 7792308495 and REGON number 300523444;
If you choose payment in the form of prepayment by transfer, the CUSTOMER is obliged to pay the price under the Sales Agreement within 7 days from the date of its conclusion, unless the Parties to the Sales Agreement decide otherwise.
If you choose the online payment method, the payment commission is charged to the customer and is added to the payment amount. Information about the increase amount is displayed when selecting the payment method when editing the order.
In the case of shipping products abroad to EU countries, prepayment may be made - by transfer to the bank account provided in the SELLER's details or by payment card (e-transfer);
The SELLER has the right to limit the available payment methods, including requiring prepayment in whole or in part.
F. Shipment of goods
Shipping (delivery) costs are calculated in accordance with the current price lists of courier companies and depend on the weight, size of the shipment, the choice of delivery method and the selected payment method. When completing the interactive order form, the CUSTOMER is informed about the costs and selects the shipping method and accepts the shipping cost when placing the ORDER.
Detailed information about shipping costs is available in the "Shipping Costs" tab on the ONLINE STORE website.
Delivery costs are borne by the CUSTOMER unless the description of the product offer states otherwise.
We send purchased products by post or courier companies. Shipments are delivered by:
courier company JasFbg
DHL company - shipping parcels and pallets
GLS - parcel shipping
Poczta Polska - registered and priority mail.
Inpost - registered and priority mail
G. Complaints and returns in relations with CUSTOMERS who are not CONSUMERS (applies to entrepreneurs).
This point of the Regulations applies only to relations with Buyers who are not CONSUMERS.
Liability under the warranty is excluded in the case of customers who are not consumers (applies to entrepreneurs).
Regulations regarding the principles of warranty for defects and quality guarantee in contracts with entrepreneurs are adopted directly in the wording adopted in the Civil Code, Articles 556-581.
H. The right to withdraw from the contract (RETURN OF GOODS) in the case of distance selling with the participation of the CONSUMER.
Pursuant to Article 27 of the Act on Consumer Rights (Journal of Laws of 2014, item 827), the CONSUMER, when concluding a "distance contract", has the right to withdraw from the contract without giving a reason - within 14 calendar days from the date of taking possession of the PRODUCT (if the product consists of many items that are delivered separately, in batches or in parts, the period begins with taking possession of the last item, batch or part, if the contract involves the regular delivery of Products for a specified period of time - from taking possession of the first Product - or in the case of services or a contract of a different nature - 14 days from the date of conclusion of the contract, however, if the buyer is a CONSUMER, the delivery of the sold item to the buyer is deemed to be entrusted by the SELLER to the carrier if the SELLER had no influence on the buyer's choice of carrier. In the event of withdrawal contract, the CONSUMER is entitled to a refund of the costs incurred. If, when concluding the contract, the CONSUMER chose a method of delivery other than the cheapest standard method offered by the SELLER, the SELLER is not obliged to refund to the CONSUMER any additional costs incurred by him in excess of the cheapest method. The condition for meeting the deadline is to submit to the SELLER a declaration of withdrawal from the contract within this time. The declaration sent electronically is also important - you can use the ready-made form (Declaration of withdrawal from the contract.doc.). If the declaration is submitted electronically, the SELLER will immediately send the CONSUMER confirmation of receipt of the declaration of withdrawal from the contract on a durable medium.
After sending the declaration, the CONSUMER is obliged, within 14 calendar days (counted from the date of sending the declaration of withdrawal from the contract), to send it to the CORRESPONDENCE address provided in the SELLER's data - unless the SELLER has offered to collect the PRODUCT himself. The date of sending the shipment determines whether the deadline is met.
The CONSUMER is liable for any reduction in the value of the item resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the item.
If the consumer has purchased a kit, he or she must return the complete kit. Incomplete sets are not returnable.
The SELLER will refund the amount due from the SELLER to the CONSUMER in the amount of the purchase price, net of shipping costs, within 14 calendar days. However, the SELLER may withhold the refund until the item is returned or the consumer provides proof of returning it - depending on which event occurs first. The SELLER 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 additional costs for him.
The direct costs of returning the PRODUCT to the SELLER are borne by the CONSUMER (CUSTOMER).
The right to withdraw from a distance contract is not available to the CONSUMER in the following cases:
a contract 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 provision of services that after the entrepreneur has completed the service, he will lose the right to withdraw from the contract;
a contract 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 withdrawal from the contract;
a contract in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or intended to meet individual needs;
a contract in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
a contract 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;
a contract in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;
a contract in which the consumer expressly requested the entrepreneur to come to him for urgent repairs or maintenance. If the entrepreneur additionally provides services other than those requested by the consumer, or supplies items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to the additional services or items;
a contract in which the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
contracts for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
a contract concluded at a public auction;
contracts for the lease of a building or premises for purposes other than residential purposes, transport of goods, car rental, catering, leisure-related services, if the contract specifies the day or period of service provision;
contracts for the supply of digital content that are not recorded on a tangible medium, if the performance of the service began with the consumer's express consent before the deadline for withdrawal from the contract expires and after the entrepreneur informed him about the loss of the right to withdraw from the contract.
The SELLER does not accept shipments sent "cash on delivery". The return shipment should be properly protected against damage during transport.
I. Liability under warranty and guarantee when selling with the participation of a CONSUMER.
The SELLER is liable to the CONSUMER under the warranty if the sold item has a physical or legal defect - for a period of 2 years from the delivery of the item. A physical defect consists in the non-compliance of the sold item with the contract.
The SELLER is obliged to deliver the PRODUCT that is the subject of the contract - without defects.
The SELLER informs that in the case of PRODUCTS also covered by a warranty, the buyer's rights and obligations of the guarantor in this respect are specified and should be performed in accordance with the conditions contained in the WARRANTY CARD. The WARRANTY granted for the sold PRODUCT is an additional right and does not exclude, limit or suspend the CONSUMER's rights under the Seller's liability under the provisions on warranty for defects in the sold item (Article 577 of the Civil Code).
The Seller is released from liability under the warranty if the CONSUMER knew about the defect at the time of concluding the contract.
If a defect or non-compliance of the delivered PRODUCT with the contract is found, the CONSUMER has the right to submit a complaint.
In order to submit a complaint, the CONSUMER should complete the complaint protocol (DrukReklamacyjny.doc) or describe in another form the grounds for the complaint and requests for removal of defects and send the notification by post or electronically (e-mail) to the SELLER's correspondence address.
The faulty PRODUCT - if possible and appropriate - after consultation with the SELLER, should be sent back to the SELLER's correspondence address.
If the sold item has a defect, the CONSUMER may, instead of removing the defect proposed by the SELLER, demand replacement of the item with a defect-free one, or instead of replacing the item, demand removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the buyer is impossible or would require excessive costs. compared to the method proposed by the SELLER.
If repair or replacement of the product is impossible, the CONSUMER may request a price reduction for the defective product or a refund.
The CONSUMER may not withdraw from the contract if the defect is insignificant.
The SELLER will consider the complaint without undue delay. No later than within 14 calendar days from the date of receipt of the complaint, it will inform the CONSUMER in writing or electronically about the status of the complaint. Leaving a complaint unanswered within this time is tantamount to accepting the complaint.
After accepting the complaint, the SELLER will refund the CONSUMER the shipping costs related to the complaint and incurred by the CONSUMER. The SELLER will transfer the amount due to the CONSUMER to the bank account or by postal order.
If the acceptance of the complaint is related to the repair or replacement of the goods, the SELLER will return the product to the CONSUMER at his own expense.
Mechanical damage - if it is not the result of product defects - occurring during use cannot be the basis for a complaint. Complaints do not cover wear resulting from normal use or damage resulting from incorrect maintenance procedures
J. Processing and protection of personal data
All personal data provided during the ordering process are used only to form, conclude, amend or terminate the Agreement between the SERVICE PROVIDER and the CONSUMER and the implementation of the Sales Agreement or the contract for the provision of Electronic Services or the execution of the order and are not made available to other institutions or third parties - except for those described in point .2. Data is collected and processed in accordance with the Act of August 29, 1997 on the protection of personal data /Journal of Laws U. No. 133, item 883 as amended.
In the case of selling products via the ONLINE STORE in order to deliver the products to the CONSUMER, personal data necessary to address and deliver the parcel are transferred to companies professionally engaged in delivering parcels - in particular Poczta Polska and courier companies - along with entrusting the parcel for delivery and, in the case of using the system direct online payments - payment system administrator.
The administrator of the CONSUMER's personal data collected via the ONLINE STORE is the company: Avocado Studio Jakub Marciniak, ul. Fabryczna 9B, 64-800 Chodzież.
The administrator registered a collection called "Building Materials Jakub" in the register of the Chief Inspector of Personal Data Protection (GIODO).
If the CUSTOMER agrees by signing up to the list of subscribers, he will receive the "newsletter" to the e-mail address he provided. It is possible to unsubscribe from the newsletter service at any time.
The customer has the right to access his data, correct it and request its deletion at any time.
With the prior explicit consent of the CONSUMER, his data is transferred to Grupa Allegro Sp. z o. o. address. street Grunwaldzka 182,60-166 Poznań, NIP: 527-25-25-995 in the case of sales via the Allegro website and in order to obtain opinions from BUYERS via the Opineo.pl system belonging to the Allegro.pl Group.
Providing personal data by the CONSUMER is voluntary, however, failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement or an agreement for the provision of Electronic Services may result in the impossibility of concluding and implementing this agreement. The consumer expresses consent to the registration and processing of personal data openly before registering in the system.
To process the contract, it is necessary to provide the following CONSUMER data:
surname and name;
address for shipping products;
e-mail adress;
contact telephone number.
K. Final provisions
The contract is concluded in Polish and under the jurisdiction of Polish law. This choice, however, does not deprive the consumer of the protection afforded to him by provisions that cannot be excluded by contract under the law of the country where the consumer has his habitual residence and the entrepreneur directs his business to that country and the contract falls within the scope of that activity.
The content of the Regulations is available at all times in the REGULATIONS tab on the Seller's website and may be copied and printed at any time by the Buyer. The content of the REGULATIONS may also be sent by e-mail or post at the CUSTOMER's request.
In matters not regulated by these Regulations, the relevant provisions of law will apply, in particular:
Act of April 23, 1964, Civil Code (Journal of Laws 1964, No. 16, item 93, as amended);
Act of August 29, 1997 on the protection of personal data (Journal of Laws 2002, No. 101, item 926, as amended);
Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422);
Act of 30 June 2000 on industrial property law (Journal of Laws 2001, No. 49, item 508, as amended);
Act of February 4, 1994 on copyright and related rights (Journal of Laws 2006, No. 90, item 631, as amended),
Act of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827)
If the REGULATIONS contain provisions that are inconsistent with the above-mentioned or other provisions in force in the Republic of Poland, these provisions shall prevail over the wording of the REGULATIONS.
If any of the provisions of these REGULATIONS are found to be illegal, invalid or otherwise unenforceable to the extent provided for by law, they shall be excluded to this extent. In other respects, the Regulations remain in force.
All names of PRODUCTS offered for sale by the ONLINE STORE are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law (Journal of Laws of 2001, No. 49, item 5081, as amended).
All photos posted on the WEBSITE are protected under the Act of February 4, 1994 on copyright and related rights - (Journal of Laws 1994, No. 24, item 83, as amended) - they have a creative and individual character. They cannot be copied without the consent of the Website Administrator.
In the event of disputes related to the implementation of the concluded contract, the parties will strive to resolve the dispute through out-of-court amicable proceedings - including resolving the dispute before a mediator. If the dispute is not resolved amicably, the court competent to resolve the dispute will be the Common Court.
L Personal data protection GDPR
Due to the entry into force on May 25, 2018. Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (GDPR), and based on internal procedures, we verify your expressed consents. We would like to fulfill our renewed information obligation and ask you to respond if you believe that your personal data should not be processed by us.
The administrator of your personal data is Avocado Studio Jakub Marciniak ul. Fabryczna 9b, 64-800 Chodzież NIP 7642396664. The personal data provided to us will be processed in particular to enable you to fully use the services and access to the online store home page and its full offer.
Therefore, you have all the rights arising from the GDPR, i.e. the right to access, rectify and delete your data, limit or object to their processing, the right to transfer them, not to be subject to automated decision-making, as well as the right to lodge a complaint with the supervisory authority.
Personal data is collected as part of your use of our services. We would like to inform you that Avocado Studio Jakub Marciniak, as the Administrator, collects your personal data in the form of:
E-mail address;
Phone number.
Entity name/Name and surname
Address
Identification and fiscal data (Tax Identification Number)
We would like to inform you that we collect your personal data on the principles set out in the privacy policy and regulations for the purposes of:
information
marketing
providing you with the services we offer at the highest level
protection of the rights and interests of the Enterprise in accordance with the provisions of law
creating statistics
ensuring greater security of services, including detecting possible fraud or abuse.
We would like to inform you that your personal data may be profiled for marketing purposes and to tailor services to your expectations and interests, improve our internal processes, ensure security, and assess interests and purchasing preferences. For profiling, the administrator will use the following categories of data: information about electronic addresses, information about the devices used, information about products and services, information contained in cookies. Thanks to such activities, we can present you our product offer and constantly improve the use of the application to meet your expectations.
In accordance with applicable law, we may transfer your data to entities processing it on our behalf, e.g. subcontractors of our services and entities authorized to obtain data under applicable law, e.g. courts or law enforcement authorities (of course only if they make a request based on an appropriate legal basis).
The company stores your data for the time necessary to process orders, as well as for the period following the order, to pursue possible claims, prevent abuse and fraud, for statistical and archiving purposes - for a period of 10 years from the event causing the need to process data.
You have the right to:
request from the Administrator access to your personal data, rectification, deletion or limitation of the processing of personal data,
object to such processing,
data transfer,
submit a complaint to the supervisory authority,
withdrawal of consent to the processing of personal data.
You have the right to delete your data from our database, please return an e-mail or send an appropriate instruction to sklep@budujto.pl
If you have any questions or wish to exercise your rights regarding the processing of your personal data, please contact the Personal Data Administrator.
Annex to the REGULATIONS:
Information regarding the exercise of the right to withdraw from the contract
Right to withdraw from the contract
You have the right to withdraw from this contract within 14 days without giving any reason.
The deadline to withdraw from the contract expires after 14 days from the date on which you came into possession of the goods or on which a third party other than the carrier and indicated by you came into possession of the goods.
The right to withdraw from this contract does not apply to the purchase of a product that has been modified at the customer's request. E.g. coloring paint, plaster, etc.
The seller reserves the right to withdraw from the sales contract in the event that: sale is impossible, the goods have been withdrawn by the manufacturer, the purchase price of the product is lower than the purchase price of the seller (dumping).
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (for example a letter sent by post, fax or e-mail).
Please enter your name, full postal address and, if available, your telephone number, fax number and e-mail address:
You can use the sample withdrawal form, but this is not obligatory.
You can also complete and submit the withdrawal form or any other clear declaration electronically on our website [please insert website address]. If you use this option, we will immediately send you confirmation of receipt of information about withdrawal from the contract on a durable medium (in writing or by e-mail).
In order to meet the deadline for withdrawal from the contract, it is sufficient for you to send information regarding the exercise of your right to withdraw from the contract before the deadline for withdrawal from the contract expires.
Due to drastic shortages of raw materials and goods, which cause constant and frequent price increases, the seller reserves the right to refuse to complete the sales contract in whole or in part, which could expose him to losses resulting from the implementation of the sales contract. At the same time, he undertakes to return the funds paid in full or in an adequate part if the sales contract was partially completed.
Consequences of withdrawal from the contract
If you withdraw from this contract, we will refund to you all payments received from you, including the costs of delivering the goods (except for additional costs resulting from your choice of a delivery method other than the cheapest usual delivery method offered by us), immediately and in any case no later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed to a different solution; in any case, you will not incur any fees in connection with this refund.
We may withhold the refund until we receive the item or until you provide us with proof of returning it, depending on which event occurs first.
If the sales contract was partially completed, the refund will also be partial less the completed part and transport costs.
Please send back or deliver the item to us at the correspondence address provided in the REGULATIONS immediately, and in any case no later than 14 days from the day on which you informed us about your withdrawal from this contract. The deadline is met if you return the item before the 14-day deadline expires.
You will have to bear the direct costs of returning the items. You are only liable for any reduction in the value of the item resulting from using it in a manner other than what was necessary to establish the nature, characteristics and functioning of the item.
Disclaimer
1. Copyright
All copyrights and intellectual property rights to the website and its elements, such as photographs, drawings, graphics, text, as well as other content, belong to avocado Studio Jakub Marciniak. All trademarks appearing on the website are the property of Avocado Studio, unless another one has been marked.
2. Products
Product photos are for illustration purposes only, therefore the actual appearance of the products may differ from those presented in the photos.
The colors in the photos may differ from the actual colors of the products.
The actual dimensions of the products may differ slightly from those given on the website.
SAMPLE WITHDRAWAL FORM
(APPENDIX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
Sample withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
– Addressee:
Building Materials Jakub s.c. street Fabryczna 9b, 64-800 Chodzież, email: hurtownia.jakub@gmail.com
– I/We(*) hereby inform(*) about my/our withdrawal from the contract for the sale of the following items(*) contract for the delivery of the following items(*) contract for specific work consisting in the performance of the following items(*)/for the provision of the following service (*)
– Date of conclusion of the contract(*)/acceptance(*)
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*) Delete as appropriate.