TERMS AND CONDITIONS FOR THE ONLINE SHOP
1. These Terms and Conditions shall govern all use of the online Shop by all Users.
2. The Terms and Conditions stated herein set forth: the conditions of concluding and terminating Product Sales Agreements, the course of the complaint's procedure as well as the type and scope of electronic services rendered through the online Shop, the conditions of rendering the electronic services and the conditions for concluding and terminating electronic services agreements.
3. By using the Electronic Services available through the Shop located, the User agrees to be legally bound and to abide by these Terms and Conditions.
4. This Agreement is subject to:
4.1. in the case of Customers who are Entrepreneurs, the law applicable to the seat of the Seller,
4.2. in the case of Customers who are Consumers, the law applicable to the place of residence of the Customer who is a Consumer.
DEFINITIONS FOR THESE TERMS AND CONDITIONS
1. ORDER FORM – shall refer to the electronic form available at the Shop’s websites, required for Order placement.
2. CUSTOMER – shall refer to a User concluding a Sales Agreement with the Seller.
3. CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.
4. ENTREPRENEUR - a natural person, legal person or organizational unit with legal capacity, conducting business or professional activity on its own behalf.
5. NEWSLETTER - shall refer to the free subscription e-mail information service allowing Users to receive updates on the Products available via the Shop
6. PRODUCT – shall refer to any movables or services and covered by a Sales Agreement concluded between the Customer and the Seller via the online Shop.
7. TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
8. SHOP − shall mean the Service Provider’s online Shop located at www.aleksdesign.com and www.bartusstudio.pl
9. SELLER, SERVICE PROVIDER – Aleksandra Winiarska-Fitzpatrick, place of business and address for service: 10 J.L. O Sullivan Terrace, Rosscarbery, P85RK50, Co.Cork, Ireland, email address: email@example.com or firstname.lastname@example.org, telephone number: +353 85 27 05 116.
10. SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the Customer and the Seller through the Shop.
11. ELECTRONIC SERVICES - shall refer to the services provided electronically by the Service Provider via the Shop.
12. USER − shall refer to any natural person, a corporate or non-corporate entity granted full legal capacity under imperative provisions of law, using the Electronic Services.
13. ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with the Seller.
PRODUCT AND ORDER INFORMATION
1. The Shop sells Products via the Internet.
2. Products offered through the Shop are brand new, free from physical or legal defects and have been legally introduced onto the market.
3. The information provided on the Shop’s websites does not constitute an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Product under the terms set forth in the Product description.
4. The Product prices at the Shop’s websites are given in euro (EUR) or US dollars (USD) and include all measurable costs, such as value added tax (VAT). The prices do not include delivery fees.
5. The Product prices at the Shop’s websites only become binding when the Customer has placed an Order. This price is unaffected by any price changes once the Order has been placed.
6. Orders can be placed through the through the website 24 hours a day, 365 days a year by completing an Order Form at www.aleksdesign.pl or www.bartusstudio.pl
7. Customers are required to read and accept these Terms and Conditions during Order placement.
8. Orders are processed between: 10:00 and 17:00 Monday to Friday on working days. Orders placed after 17:00 on Working Days as well as Orders placed on Saturday, Sunday or a public holiday shall be processed the next working day.
9. Special priced Products (promoted as part of a sale) are only available in limited numbers. Orders for special priced Products will be processed in the order in which they are received, until the Products are sold out.
CONCLUDING SALES AGREEMENTS
1. In order to conclude a Sales Agreement, the Customer must place an Order, in accordance with the rules set forth under § 3 points 6 and 7 of the Terms and Conditions, by choosing one of the methods made available by the Seller.
2. After placing a purchase Order, the Customer immediately receives an Order confirmation from the Seller.
3. Receiving an Order confirmation from the Seller is the point at which the Order becomes binding on the Customer. The Order confirmation and acceptance is sent to the Customer via email.
4. The Order confirmation email shall include the following elements:
4.1. confirmation of all relevant Order details,
4.2. withdrawal from the agreement,
4.3. these Terms and Conditions containing information on the right of withdrawal.
5. After receiving the confirmation email, as set forth under point 4 of this paragraph, the Sales Agreement between the Customer and the Seller is finally concluded.
6. Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.
METHODS OF PAYMENT
1. The following payment options are made available to the Customer:
1.1. traditional bank transfer to the Seller’s bank account,
1.2. electronic payment via electronic payment systems (PayPal.com)
2. Traditional bank transfers should be made into the following bank account: IBAN: IE36AIBK93605708855014 (AIB Bank) ALEKSANDRA WINIARSKA-FITZPATRICK, 10 J. L O Sullivan Terrace, Rosscarbery, P85RK50, Co.Cork, Ireland. The customer should enter the following in the payment title: “Order no. ……”.
3. All electronic payments must be made before an Order can be processed. Available electronic payment systems include payments by credit card as well as instant bank transfers in selected Polish or foreign banks
4. The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement within 3 working days from the date of its conclusion unless indicated otherwise in the Sales Agreement.
5. Product shall be dispatched only after payment is received.
6. The Seller has the right to limit the payment methods provided by the Seller to Customers who are not Consumers, including requiring prepayment of part or all of the sale price, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
DELIVERY COST, TIME AND METHOD
1. Product delivery costs, covered by the Customer, are determined during the Order submission process and depend on the choice of payment method and delivery method of the purchased Product.
2. The date of delivery of the Product consists of the time of completing the Product and the time of delivery of the Product by the carrier:
2.1. The time for completing the Products is to 2 business from the moment of:
a) posting the funds paid under the Sales Agreement on the Seller's account or
b) positive authorization of the transaction by the electronic payment system or
2.2. The delivery of Products (delivery takes place only on working days, excluding Saturdays, Sundays and holidays) constituting movable items by the carrier takes place within:
a) up to 3 business days for shipments within Ireland,
b) up to 14 business days for shipments within the European Union,
c) up to 14 working days for shipments in the USA, Canada and Australia.
3. Products purchased in the Shop are sent only via Irish AnPost or Polish Post.
4. The benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer when the Seller releases the Product to the carrier. In such a case, the Seller shall not be liable for the loss, shortage or damage to the Product arising from the moment of accepting the Product for transport until its delivery to the Customer, as well as for delays in the transport of the shipment.
5. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that the Product has been lost or damaged during transport, he is obliged to take all actions necessary to determine the liability of the carrier.
1. Notice of a Product defect and all demands should be submitted via email to the following address: email@example.com or firstname.lastname@example.org
2. The notice, submitted electronically or on paper, should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details Providing all necessary data will speed up the complaint-handling process.
3. A response to the Customer’s demand shall be sent promptly and, in any event, no later than within 14 days following the date of receipt.
4. Where inspection is deemed necessary to determine the scope of the defect, the defective Product shall be returned to the following address: 10 J.L. O Sullivan Terrace, Rosscarbery, P85RK50, Co.Cork, Ireland
5. The response to the complaint is provided on paper or other durable medium, e.g., e-mail.
RIGHT TO WITHDRAW
1. With the reservation of point 10 of this paragraph Consumer Customers, have the right to withdraw from a distance agreement within 14 days without giving any reason for the withdrawal. To exercise the right of withdrawal the consumer Customer must notify the Seller of his decision to withdraw from the agreement by an unequivocal statement (e.g., by submitting the model withdrawal statement provided by the Seller).
2. In the case of withdrawal from a Seles Agreement, the agreement is considered null and void. In case of a withdrawal from the Agreement, the Customer, must return the Product to the Seller or any person authorized by the Seller without delay and no later than within 14 days from the date of withdrawal from the Agreement, unless the Seller offered to collect the Product from the Customer. To comply with the time limit it is sufficient that the Product is dispatched on time.
3. In case of withdrawal from a Sales Agreement the Product should be sent to the following address: 10 J. L O Sullivan Terrace, Rosscarbery, P85RK50, Co.Cork, Ireland
4. The Consumer, shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Product.
5. The Seller shall reimburse to the Consumer all payments received from them, including the cost of delivery. The refund shall be made in the same method of payment that the Consumer, used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any event the Consumer will not incur any fees as a result of such reimbursement. Subject to point 7 of this paragraph, the return will take place immediately, and no later than within 14 days of receipt by the Seller of a statement of withdrawal from the Sales Agreement.
6. The Seller shall not be required to reimburse the supplementary costs resulting from the Consumer’s, choice of a type of delivery other than the least expensive type of standard delivery offered by the Shop.
7. If the Seller doesn’t offer to pick up the return from the Consumer himself, the Seller may withhold reimbursement until he has received the Product back or the Consumer has supplied evidence of having sent back the Product, whichever occurs first.
8. The Consumer, who withdraws from a Sales Agreement under point 1 of this paragraph, must only bear the direct cost of returning the Product to the Seller.
9. The “cooling-off” period expires 14 days after the day the Consumer, received the Product, or after the day of concluding an agreement for the provision of services.
10. The right of withdrawal in any event does not apply to Sales Agreements for the supply of:
10.1. products made to the Consumer’s specification, i.e., non-prefabricated, personalized Products made on the basis of and individual choice of or decision by the Consumer.
10.2. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
10.3. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,
11. Both the Customer (Consumer) and the Seller have a legal right to cancel the Sales Agreement in the event that the opposite party fails to fulfil its obligations under the Agreement within the set deadline.
12. The Seller has the right to withdraw from the Sales Agreement concluded with a customer who is not a Consumer within 14 working days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider grants access to the following Electronic Services:
1.1. concluding Product Sales Agreements,
2. These Terms and Conditions shall apply to all Electronic Services provided through the Shop.
3. The Service Provider reserves the right to display advertising content at the Shop’s websites Advertisements are an integral part of the online Shop front and the materials presented therein.
1. The Electronic Services set forth under § 9 point 1 of these Terms and Conditions are free of charge.
2. Term of the agreement:
2.1. Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.
2.2. Electronic Services Agreements for the provision of Newsletter is concluded for an indefinite period of time.
3. End-user hardware, network and software requirements for the ICT system used by the Service Provider:
3.1. a computer (or a mobile device) with an active Internet connection,
3.2. access to email account,
3.3. Internet browser,
4. The User agrees to use the Shop in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.
5. The User is obliged to provide accurate and complete information to the Service Provider.
6. The User is prohibited from providing any unlawful or illegal content.
COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES
1. Complaints about Electronic Services provided via the Shop’s websites should be submitted via email to email@example.com or firstname.lastname@example.org
2. All complaints should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.
3. All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.
4. A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.
CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
1. Terminating an Electronic Services Agreement:
1.1. Continuing and indefinite-term Electronic Services Agreements (Newsletter) may be terminated.
1.2. The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: email@example.com or firstname.lastname@example.org
1.3. The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease-and-desist letter from the Service Provider with a reasonable deadline for compliance. The termination shall be affected within 7 days of serving an advance notice in writing (agreement termination period).
1.4. The notice of termination leads to a cessation of legal relations with the effect for the future.
2. Both the Service Provider and the User may terminate an Electronic Services agreement at any time by mutual agreement of the parties.
3. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a notice of termination to the Service Recipient who is not a Consumer.
1. The compilation of all content at the Shop’s websites (with the stipulation of § 13 point 3 of this Terms and Conditions as well as materials used under a license, assignment of copyrights or fair use) is protected by copyright law and is the exclusive property of Aleksandra Winiarska-Fitzpatrick, place of business and address for service: 10 J.L. O Sullivan Terrace, Rosscarbery, P85RK50, Co.Cork, Ireland. The User shall bear all liability for damages caused to the Service Provider caused by any use of the content of the website located at the Shop’s websites without the consent of the Service Provider.
2. Any use or reproduction of the content of the website located at the Shop’s websites or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.
3. All trade names, Product names, company names and their logos used on the Shop’s websites belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Shop’s websites are used for informational purposes.
1. Any disputes between the Shop and Consumers arising out of or in connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 2 of this paragraph.
2. Judicial dispute settlement procedures:
2.1. Any disputes arising between the Service Provider and the Customer who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the law applicable to the place of residence of the Service Recipient who is a Consumer,
2.2. Any disputes arising between the Service Provider and the non-consumer User (Customer), shall be settled by the court having jurisdiction over the Service Provider’s registered office.
3. The Customer who is a Consumer may also use the assistance of institutions competent for the place of his habitual residence.
4. Service Recipients who are Consumers, whose place of residence is one of the European Union Member States, in order to resolve the dispute amicably, may in particular submit a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa. eu/consumers/odr/.