STATUTE

ONLINE STORE REGULATIONS

GENERAL INFORMATION

⦁ The Online Store is operated by Feliksa Płońska, conducting business under the name WARSZTART Feliksa Płońska.

⦁ The Seller is Feliksa Płońska, conducting business under the name WARSZTART Feliksa Płońska, VAT ID: 5421964614, REGON: 384013551, operating an online store at the following address: http://www.warsztart.com.pl.

⦁ The Online Store allows the User to familiarize themselves with the Seller’s assortment, in particular with the prices of Goods, and to enter into sales agreements on the terms specified in the Regulations. The price displayed in the Online Store is a gross amount and represents the total consideration due to the Seller from the Buyer in connection with the transaction.

⦁ The Seller informs that the use of the Online Store is possible provided that the User’s teleinformation system meets the following minimum technical requirements: ________________.

⦁ The customer in the online store can be any adult natural person residing in Poland and having legal capacity, or a business entity with its registered office in Poland.

⦁ The terms used in the Regulations mean:

⦁ Seller – Feliksa Płońska, conducting business under the name WARSZTART Feliksa Płońska, with its registered office in Białystok, ul. Dębowa 59, 15-801 Białystok, phone: +48 733 645 618 POLAND, email address: warsztart@o2.pl

⦁ Buyer – the entity that places an order in accordance with these regulations (Customer);

⦁ Consumer – the Buyer (Customer) who is a natural person placing an order not directly related to their business or professional activity within the meaning of Article 221 of the Civil Code;

⦁ Website – the website http://www.warsztart.com.pl;

⦁ Store – an online store operating under the name http://www.warsztart.com.pl;

⦁ Goods – a product offered by the Seller or a product created based on the Buyer’s special request, taking into account their preferences, appearance, etc. (so-called product personalization);

⦁ Order – the Buyer’s declaration regarding the conclusion of a sales agreement with the seller on the terms and in accordance with the template provided on the website (invitation to submit offers within the meaning of Article 71 of the Civil Code);

⦁ Cart – an electronic form provided by the Seller informing the Buyer about the quantity and type of goods ordered by them and enabling the Buyer to select goods for placing an order;

⦁ Product Availability – the presence of the product in the Seller’s warehouse at the time of placing information about the product and its price on the website http://www.warsztart.com.pl – applies to ready-made, non-personalized products;

⦁ Order Confirmation – information sent by the Seller to the Buyer’s specified email address, containing information about the Buyer’s order for specific goods and confirming that the Order has been accepted by the Seller for processing. The Order Confirmation also includes electronic links (so-called links) to the applicable Terms and Conditions and Privacy Policy, as well as information regarding the processing of personal data and the rights of the Buyer, in compliance with the obligations arising from Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

⦁ Sales Agreement – a sales agreement within the meaning of the provisions of the Civil Code concluded remotely, i.e., through the Internet Shop or between the Buyer and the Seller (in accordance with the provisions of the Act of 30 May 2014 on consumer rights, Journal of Laws of 2014, item 827). The sales agreement is considered concluded at the moment of delivering the Order Confirmation to the Buyer (after the Buyer has placed an Order in the Online Shop).

⦁ Distance Contract – a contract concluded with a Consumer within an organized system of concluding distance contracts, without the simultaneous physical presence of the parties, using one or more means of distance communication until the conclusion of the contract;

⦁ Off-Premises Contract – a contract concluded with a Consumer:

⦁ in the simultaneous physical presence of the parties at a place that is not the business premises of the given entrepreneur,

⦁ as a result of accepting an offer submitted by the consumer in the circumstances referred to above,

⦁ at the business premises of the given entrepreneur or using means of distance communication immediately after establishing individual and personal contact with the consumer at a place that is not the business premises of the given entrepreneur, in the simultaneous physical presence of the parties,

⦁ Username – the email address of the Buyer used during the registration process and when using the Account;

⦁ Force Majeure – an external event independent of the parties to the legal relationship, the occurrence of which the party affected by Force Majeure could not reasonably foresee and could not prevent, and which permanently or temporarily prevents that party from performing its rights or obligations, particularly in the context of the specific legal relationship.

⦁ Cart – an electronic form provided by the Seller informing the Buyer about the quantity and type of goods ordered by them and enabling the Buyer to select goods for placing an order;

⦁ Off-Premises Contract – a contract concluded with a Consumer:

⦁ in the simultaneous physical presence of the parties at a place that is not the business premises of the given entrepreneur,

⦁ as a result of accepting an offer submitted by the consumer in the circumstances referred to above,

⦁ Username – the email address of the Buyer used during the registration process and when using the Account;

⦁ Privacy Policy – provisions that define the principles of processing and protection of the Buyer’s personal data.

⦁ Terms and Conditions – these regulations are prepared based on Article 8 of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).

⦁ Newsletter – information, including commercial information within the meaning of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), sent electronically by the Seller after obtaining the Buyer’s consent to receive such information.

⦁ User – an individual who has reached the age of 18 and has full legal capacity, a legal person, or an organizational unit without legal personality but capable of acquiring rights and incurring obligations on its own behalf, who uses the Online Store.

⦁ The Online Store enables Buyers to familiarize themselves with the Seller’s assortment offer by presenting the Goods along with the price and information about their availability.

⦁ The Seller informs that the product photos posted on the Online Store are for preview purposes only and allow the Buyer to familiarize themselves with the product and visualize its shape and color. The appearance of the presented Goods may differ from the external and actual appearance of the Goods delivered to the Buyer, and such differences may result from the Buyer’s monitor settings. To avoid any doubts, this provision does not limit the liability of the Service Provider or the Seller towards Users or Buyers who are Consumers.

⦁ Announcements, advertisements, price lists, and other information posted on the Online Store shall not be considered as an offer, but rather as an invitation to enter into a contract. They also do not constitute a guarantee by the Seller.

2. ORDER

⦁ In the online store, an order can be placed by:

⦁ Creating an account and registering using a login and password;

⦁ Without creating an account, but by filling out a form;

⦁ Contacting by phone and providing the necessary data to place an electronic order.

⦁ In the case of orders placed by phone, the Seller is obliged to provide information regarding the characteristics of the Goods, the identification of the Seller, the total price for the Goods, the delivery fee, the right to withdraw from the Sales Agreement, and the duration of the Agreement.

⦁ The online store provides main information about the characteristics, material, dimensions, availability, and price of each Product.

⦁ Buyers can place orders twenty-four (24) hours a day, all year round, with the exception that Orders placed after ____6 p.m. and on public holidays will be processed on the next business day.

⦁ When placing an order, the Buyer:

⦁ Selects the place of collection of the ordered Goods from the list of available points in the Online Store or specifies the place of delivery;

⦁ Indicates, by appropriate marking, the Goods that will be the subject of the agreement and adds them to the Cart;

⦁ Specifies the individual characteristics of the Goods, if applicable, by providing dimensions, shape, engraving, names, initials, dates, color (personalization of the Goods);

⦁ Chooses the method of delivery of the Goods provided by the Seller. The price and delivery time of the Goods to the address specified by the Buyer will be indicated for each Product;

⦁ Indicates the method of payment;

⦁ After reading the content of the Terms and Conditions, confirms that they have been read and declares to be bound by their content and the provisions of the Privacy Policy;

⦁ Is informed about the rules of personal data processing and their associated rights.

⦁ After completing the form, the Buyer selects the “Place Order” option, thereby confirming that they are bound by its content and undertakes to pay for the ordered Goods.

⦁ After placing an order, the Seller verifies it by checking the correctness of the provided information, determining the possibility of execution, and verifying the availability of the Goods. In the case of ordering personalized Goods, the delivery time will be provided by the Seller after analyzing the availability of materials from which it is to be made or the amount of work required to fulfill the placed Order (taking into account the size of the order, dimensions, special features, additional materials).

⦁ The Seller undertakes to promptly inform the Buyer about the impossibility of fulfilling the order due to reasons beyond their control or due to force majeure.

⦁ Within ____1 days from the date of placing the order, the Seller, through the Online Store, confirms the possibility of fulfilling the order and proceeds to its execution at the location selected by the Buyer for collection or delivery of the Goods, by sending the Order Confirmation to the User, taking into account the provisions of point 8 above.

⦁ In the case where the Buyer is a Consumer, the order fulfillment period may not exceed 30 days from the Seller’s receipt of the Order.

⦁ The Sales Agreement is concluded at the moment of delivering the Order Confirmation to the Buyer’s email server (email message with the subject “Order Confirmation”). The day of delivery of the email message with the subject “Order Confirmation” is considered to be the day on which this message is received on the email server handling the email address provided by the Buyer in the electronic Order form.

⦁ In the case where the Buyer is a consumer, the Seller undertakes to provide a written confirmation of the conclusion of the contract along with the Goods, specifying the date of its conclusion, the type and subject of the performance, and the price.

3. BUYER’S RIGHTS

⦁ The seller, based on Article 558 § 1 of the Civil Code, completely excludes liability towards customers for physical and legal defects (warranty). The seller is responsible towards the Consumer under the rules specified in Article 556 of the Civil Code and subsequent provisions for defects in goods, also known as warranty.

⦁ In the case of an agreement concluded with a Consumer, if a physical defect is discovered before the expiration of one year from the moment of handing over the item, it is assumed that it existed at the time when the risk passed to the Consumer. If the item has a defect, the Consumer has the right to:

⦁ submit a statement about requesting a price reduction;

⦁ submit a statement about withdrawing from the agreement,

unless the Seller immediately and without excessive inconvenience replaces the defective item with one free from defects or removes the defect. However, if the item has already been replaced or repaired by the Seller or if the Seller has not fulfilled the obligation to replace the item free from defects or remove the defect, the Consumer does not have the right to exchange the item or remove the defect.

⦁ The Consumer may, instead of the remedy proposed by the Seller, demand the replacement of the item free from defects or, instead of the replacement of the item, demand the removal of the defect, unless bringing the item into compliance with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of the costs, the value of the defect-free item, the nature and significance of the defect found, as well as the inconveniences to which the Consumer would be exposed by another method of satisfaction, shall be taken into account.

⦁ The Consumer cannot withdraw from the agreement if the defect is insignificant.

⦁ If the sold item has a defect, the Consumer may also:

⦁ demand the replacement of the item free from defects;

⦁ demand the removal of the defect.

⦁ The Seller is obliged to replace the defective item with one free from defects or remove the defect within a reasonable time and without excessive inconvenience to the Consumer. The Seller may refuse to satisfy the Consumer’s request if bringing the defective item into conformity with the agreement in the manner chosen by the buyer is impossible or would require excessive costs compared to the second possible method of bringing the item into conformity with the agreement.

⦁ If the defective item has been installed, the Consumer may demand from the Seller the dismantling and reinstallation after the replacement with an item free from defects or removal of the defect, but is obliged to bear the costs exceeding the price of the sold item, or may demand from the Seller to reimburse a part of the costs of dismantling and reinstallation, up to the amount of the price of the sold item. In case of the Seller’s failure to fulfill the obligation, the Consumer is authorized to perform these activities at the expense and risk of the Seller.

⦁ The Consumer, who exercises the rights under the warranty, is obliged to deliver the defective item to the complaint address at the expense of the Seller. If, due to the nature of the item or the method of its installation, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller in the place where the item is located. In the event of the Seller’s failure to fulfill the obligation, the Consumer is entitled to return the item at the expense and risk of the Seller.

⦁ The costs of replacement or repair are borne by the Seller, except for the situation described in paragraph 7 above. The Seller is obliged to accept from the Consumer the defective item in case of replacement of the item free from defects or withdrawal from the agreement.

⦁ The Seller will respond within fourteen days to statements regarding price reduction, request for replacement of the item free from defects, request for defect removal, based on Article 5615 of the Civil Code. The Seller will respond within thirty days (Article 7a of the Consumer Protection Act) to any other statement or request from the Consumer that is not subject to the fourteen-day period specified in the Civil Code. Otherwise, it is considered that the Seller has deemed the Consumer’s statement or request justified.

⦁ The seller is liable under warranty if a physical defect is discovered within two years from the date of delivery of the item to the consumer, and in the case of a used item, within one year from the date of delivery of the item to the consumer.

⦁ The consumer’s claim for the removal of a defect or replacement of the sold item with one free from defects expires after one year from the date of discovering the defect, but not earlier than within two years from the date of delivery of the item to the consumer, and in the case of a used item, within one year from the date of delivery of the item to the consumer.

⦁ In cases where the period of usability of the item specified by the seller or the manufacturer ends after two years from the date of delivery of the item to the consumer, the seller is liable under warranty for any physical defects of the item discovered before the expiration of that period.

⦁ Within the time limits specified above, the consumer may submit a statement of withdrawal from the contract or a request for a price reduction due to a physical defect of the sold item. If the consumer requested the replacement of the item with one free from defects or the removal of the defect, the period for submitting a statement of withdrawal from the contract or a request for a price reduction starts running from the moment when the deadline for replacing the item or removing the defect expires without effect.

⦁ In the event of pursuing one of the warranty rights before a court or an arbitration court, the deadline for exercising other rights granted to the consumer under the warranty is suspended until the final conclusion of the proceedings. This also applies accordingly to mediation proceedings, with the deadline for exercising other warranty rights by the consumer starting from the day of the court’s refusal to approve the settlement reached before the mediator or the ineffectiveness of the mediation.

⦁ If the consumer has submitted a statement of withdrawal from the contract or a request for a price reduction due to a defect in the item, they may demand compensation for the damage suffered as a result of entering into the contract without knowing about the existence of the defect, even if the damage was caused by circumstances for which the seller is not responsible. In particular, they may demand reimbursement of the costs of entering into the contract, costs of collection, transportation, storage, and insurance of the item, reimbursement of expenses incurred to the extent that the consumer has not benefited from them and has not received reimbursement from a third party, and reimbursement of the litigation costs. This does not prejudice the provisions on the obligation to compensate for damage under general rules.

⦁ The expiration of any deadline for asserting a defect does not exclude the exercise of warranty rights if the seller deceitfully concealed the defect.

⦁ If the seller is obliged to perform or provide financial benefits to the consumer, they shall do so without undue delay, no later than within the period prescribed by law.

4. RIGHT OF WITHDRAWAL

⦁ Pursuant to Article 27 of the Act of 30 May 2014 on Consumer Rights, the consumer has the right to withdraw from a distance contract without giving any reason and without incurring costs, except for the costs specified in Article 33 (if the consumer has chosen a method of delivery other than the cheapest regular method offered by the seller, the seller is not obliged to reimburse the additional costs incurred by the consumer) and Article 34 of the Consumer Rights Act.

⦁ The consumer may submit a statement of withdrawal from a distance contract within 14 days from the date of delivery of the goods, and it is sufficient to send the statement before the expiry of that period to meet the deadline. The statement of withdrawal from the contract can be submitted on the form provided in the annex to these Terms and Conditions, as well as based on the form attached to the Consumer Rights Act.

⦁ The seller undertakes to confirm the receipt of the statement of withdrawal from the contract to the consumer. In the event of withdrawal from the contract, the contract is considered null and void.

⦁ The consumer is obliged to return the item to the seller immediately, but no later than 14 days from the day on which they withdrew from the contract. To meet the deadline, it is sufficient to send back the item before its expiration. The consumer bears the cost of returning the goods that were the subject of the contract from which they withdrew.

⦁ The consumer is liable for any diminished value of the goods resulting from handling them beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

⦁ The seller shall refund all payments made by the consumer, including the costs of delivering the goods to the consumer, without undue delay and no later than 14 days from the date of receiving the consumer’s statement of withdrawal from the contract, subject to the provisions of paragraph 1 of this chapter.

Complaints should be sent to the e-mail address: warsztart@o2.pl. The complaint will be considered within a maximum of 14 days from the date of delivery of the complaint. The response to the complaint will be sent to the same email address from which it was sent.

⦁ The seller shall make the reimbursement using the same means of payment as the consumer used for the initial transaction unless the consumer has expressly agreed otherwise, and provided that the consumer does not incur any fees as a result of such reimbursement.

⦁ At this point, the seller informs that, in accordance with Article 38 of the Consumer Rights Act, the consumer does not have the right to withdraw from a distance contract in the case of a contract:

⦁ where the price or remuneration depends on fluctuations in the financial market over which the seller has no control and which may occur before the expiration of the withdrawal period;

⦁ for the supply of goods made to the consumer’s specifications or clearly personalized;

⦁ for the supply of goods liable to deteriorate rapidly or with a short expiry date;

⦁ for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

⦁ for the supply of goods that are, after delivery, inseparably mixed with other items;

⦁ for the supply of audio or video recordings or computer software delivered in a sealed package, if the package was unsealed after delivery;

⦁ for the supply of digital content which is not supplied on a tangible medium, if the performance has begun with the consumer’s prior express consent and with the acknowledgment that they will lose their right of withdrawal;

⦁ for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.

5. PRIVACY POLICY AND PERSONAL DATA SECURITY

⦁ The Seller is the administrator of personal data provided by consumers.

⦁ The Seller undertakes to protect personal data in accordance with the Act on the Protection of Personal Data of August 29, 1997, the Act on the Provision of Electronic Services of July 18, 2002, as well as the provisions of the General Data Protection Regulation (GDPR) of the European Parliament and the Council (EU) 2016/679 of April 27, 2016, regarding the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

⦁ By providing their personal data to the Seller when placing an order, the Buyer gives consent for the Seller to process their personal data for the purpose of fulfilling the placed order. The Buyer has the right to access, correct, update, and delete their personal data at any time – the Consumer will be informed about these rights in the appropriate legal information, which they will receive as an attachment to the response to the placed order.

⦁ Detailed rules for collecting, processing, and storing personal data used to fulfill orders by the Online Store are described in the Privacy Policy – a tab on the website of the Online Store.

6.FINAL PROVISIONS

⦁ The terms and conditions are available on the Online Store.

⦁ If any provision of the terms and conditions is deemed invalid or ineffective, the invalidity or ineffectiveness of that provision does not affect the validity or effectiveness of the remaining provisions of the terms and conditions.

⦁ The Seller declares that they have the right to change the content of the provisions of the terms and conditions in the event of:

⦁ changes in the applicable laws governing the provision of electronic services or distance transactions, or

⦁ changes in the product range offered by the Online Store.

⦁ The Seller undertakes to notify the User of any changes to the terms and conditions by generating an appropriate message sent to the email address provided by the User to the Seller. Users will be bound by the provisions of the new terms and conditions unless they terminate it within thirty (30) days from the date of notification of the change in the terms and conditions.

⦁ The User declares that they have read and understood the terms and conditions and the Privacy Policy, fully accept their content, and undertake to comply with them.

DECLARATION OF WITHDRAWAL FROM THE AGREEMENT

I, _____________________________ (name and surname), hereby inform

about my withdrawal from the sales agreement regarding the following item(s): _________________________________________________________________.

Receipt date: __________________________________________________________

Name and surname: _____________________________________________________

Address: ______________________________________________________________

Consumer’s signature (only if sent in paper form)

Date: __________________________________________________________________