1. PRELIMINARY PROVISIONS
1. This document sets out the terms of sale and provision of services under the online store conducted at www.izabellabudryn.com by Izabella Budryn with its registered office in Warsaw, Mokotowska 15A/1B Street, 00-640, NIP 7262596345 on the principles set out in these Regulations.
2. The Regulations are continuously available on the websites of the Store, in a manner enabling its acquisition, reproduction and recording of its content by printing or saving on a carrier at any time, and are made available to the Customer after the conclusion of the agreement in a manner enabling its future access.
3. Services and sales within the Online Store are directed to consumers.
4. All time limits are calculated in accordance with Article 111 of the Civil Code, i.e. a time limit expressed in days ends with the expiry of the last day, and if the beginning of a time limit expressed in days is marked by a certain event, the day on which this event occurred is not included in the calculation of the time limit.
5. For purposes of interpreting the Terms and Conditions, the following provisions shall mean:
a) Business Day – any day of the week from Monday through Friday, excluding legal holidays;
b) Order Form – an interactive form made available in the Online Store that allows the Customer to place an Order;
c) Customer – a natural person with full legal capacity, a natural person conducting business, a legal person or an organizational unit that is not a legal person, to which specific provisions grant legal capacity, concluding a Sales Agreement;
d) Civil Code – the Act of 24 April 1964. – Civil Code (i.e. Journal of Laws of 2020, item 1740, as amended);
e) Account – a separate part of the Internet Shop, assigned individually to the Customer;
f) Consumer – a person who, through the Store, uses services provided electronically or concludes a sales contract in the extent not directly related to his/her business or professional activity, i.e. a consumer within the meaning of Article 221 of the Civil Code. A person who enters into a contract directly related to his or her business is also considered a consumer, if the content of the contract indicates that it is not of a professional nature for him or her, resulting in particular from the subject of his or her business activity, as disclosed in CEIDG;
g) Product – goods presented in the Online Store, being a movable thing, intended for sale;
h) Entrepreneur – customer who is an entrepreneur within the meaning of Article 43 of the Civil Code;
i) Regulations – this document;
j) Registration – a single action, consisting of creating an Account by the Customer, performed with the use of a registration form made available by the Seller on the website of the Online Store;
k) RODO – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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;
l) Online Store – an online store operated by the Seller and available at www.izabellabudryn.com ;
m) Seller – by Izabella Budryn with registered office in Warsaw, Mokotowska 15A/1B Street, 00-640, NIP 7262596345;
n) Sales Agreement – concluded as a result of an Order between the Customer and the Seller, a sales agreement within the meaning of the Civil Code;
o) Electronic services – services provided by the Seller electronically within the meaning of the Act of 18 July 2002 on Providing Electronic Services (Journal of Laws No. 144, item 1204, as amended);
p) Consumer Rights Act – The Consumer Rights Act of 30 May 2014 (i.e. Journal of Laws 2020, item 287 as amended);
q) Act on Providing Services by Electronic Means – Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204 as amended);
r) User – each individual user of the Internet, using Electronic Services provided in the Internet Store;
s) Order – a statement made by the Customer via an electronic Order Form, constituting an offer to conclude a Sales Agreement for a Product presented in the Internet Shop;
t) Shopping cart – a service made available to each Customer who uses the Internet Shop, consisting of enabling the Customer to place an Order for one or several Products, to enter discount codes enabling price reductions under separate agreements/regulations, to display a summary of the price of individual Products and all the Products together (including possible shipping costs), to display the estimated delivery date of the Products;
u) Distance contract – a contract concluded with the Consumer within an organized system for concluding distance contracts within the Shop, without the simultaneous physical presence of the Parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract inclusive;
v) Proof of purchase – invoice, bill or receipt issued in accordance with the Value Added Tax Act of March 11, 2004 as amended and other applicable laws.
6. Seller has the right to organize occasional competitions and promotions, the terms and conditions of which will be each time given on the websites of the Store or set out in a separate regulation.
7. Promotions in the Online Store are not combinable, unless the Rules of a given promotion provide otherwise.
8. Within the Shop contracts are concluded in Polish.
2. RULES OF USE OF THE WEB STORE
1. In order to use the Online Store, it is necessary for the User’s computer system to meet the following requirements:
a) a computer or mobile device with Internet access,
b) access to email,
c) a standard web browser,
e) a program to read and write PDF files.
2. The use of Electronic Services, may be associated with risks on the part of each user of the Internet, consisting of the possibility of introduction of harmful software to the User’s ICT system and acquisition and modification of his data by unauthorized persons. The User is recommended to use appropriate technical means, which will minimize their occurrence.
4. It is prohibited to provide and transmit content that is prohibited by law, including content that promotes violence, defamatory or violating personal rights and other rights of third parties.
5. Persons using the Services and concluding a Sales Agreement on behalf of another person should have the appropriate authority in this regard. By accepting the Regulations, the person referred to in the preceding sentence declares that he/she has the authority to use the Services and/or conclude the Sales Agreement from the person on whose behalf the agreement is concluded.
6. Seller allows through the Online Store to use the free services that are provided by the Seller 24 hours a day, 7 days a week.
7. User is obliged to use the Store in a manner consistent with applicable law, the provisions of the Rules and generally accepted principles on the Internet.
3. ELECTRONIC SERVICES
1. Seller allows Users to use the following free electronic Services: Account, Order Form, Newsletter.
2. In order to start using the service of maintaining an Account it is necessary to pre-register in the Online Store, which is done by completing and sending to the Seller a registration form available on the Store’s website.
3. Agreement for maintaining an Account is concluded at the moment of receiving by the User confirmation of the Registration for an indefinite period. The User may at any time terminate the agreement by sending an appropriate statement to the Seller or by using the “delete Account” button.
4. The Seller provides an Order Form for purchasing Products presented in the Store. The service of providing the Order Form is provided for a limited period of time and is terminated when the Order Form is sent to the Seller.
5. Each User has the opportunity to subscribe to the Newsletter in order to receive commercial and promotional information from the Seller to the e-mail address provided by the User. The Newsletter service shall be provided for an indefinite period of time. All Users may at any time revoke their consent to Newsletter subscription service by sending to the Seller a request for unsubscribing from the list of subscribers or by unsubscribing through a link in the Newsletter.
6. In the case of violation of the provisions of these Regulations, the Seller, after a prior ineffective call to cease violations with the designation of an appropriate time limit, may terminate the agreement for the provision of electronic Services with immediate effect.
7. Any complaints about services provided electronically and related to the functioning of the online store www.izabellabudryn.com the customer can submit to the following email address: email@example.com. Complaints submitted in this way will be reviewed by the Seller within 14 days of its receipt by the Seller.
4. SALES OF PRODUCTS
1. All Products available at the Online Store are brand new, free from physical and legal defects, and have been legally introduced into the Polish market, unless the Seller has marked them as incomplete.
2. Each Product available in the Store has a description. Description of the Product indicates each time the main characteristics of the Product, in particular its type, price.
3. Products available in the Store should be used in a manner consistent with the information contained in the Product description or in the information placed on or attached to the Product.
4. Prices of Products presented in the Store are gross prices and include all components, including VAT. The Product price does not include the cost of delivery, unless it is clearly marked in its description.
5. Information about the Products presented in the Online Store do not constitute an offer, but an invitation to conclude an Agreement, within the meaning of Article 71 of the Civil Code.
6. Pictures and descriptions of Products placed in the Store are for illustration only. Pictures and descriptions of Products illustrate in a demonstrative manner the properties, appearance and operating parameters of the Product. The appearance of the Product in the photos presented in the Store may differ slightly from the appearance of the Product which is the subject of the Sales Agreement. Differences in the appearance of Products may result from technical reasons related to the device with which the Customer uses the Store.
7. In order to conclude a Sales Agreement via the Online Store, you need to enter the website www.izabellabudryn.com and make a selection of products, taking subsequent technical actions based on the messages displayed to the Customer and the information available on the website.
8. During the placement of the Order – until the moment of pressing the “Order” button – The Customer has the possibility to modify the entered data and in the selection of the Goods. For this purpose, the messages displayed to the Customer and the information available on the website shall be followed. In order to place an Order, the Order Form shall be filled in correctly.
9. In the order form, the Buyer must provide true personal information. Buyer is responsible for providing false personal data. Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or when the data raises reasonable doubts Seller as to their accuracy. In such a case the Buyer will be informed by phone or e-mail about the doubts of the Seller. In such a situation, the Buyer shall have the right to clarify any circumstances related to the verification of the accuracy of the data provided. In the absence of data allowing the Seller to contact the Buyer, the Seller shall provide any explanations after the Buyer has made contact.
10. The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such a right in accordance with paragraph 7 above.
11. Registration on the site is not necessary to place an order in the Online Store.
12. After the Customer using the Online Store has provided all the necessary data, a summary of the Order placed will be displayed. Summary of the Order shall include information on:
a) the subject of the order,
b) the unit and total price of the products or services ordered, including delivery charges and additional costs (if any),
c) the selected payment method,
d) the selected delivery method.
13. In order to send an Order, it is necessary to accept the content of the Regulations, provide personal data marked as obligatory and press the “Order” button.
14. Placing an Order constitutes an offer by the Client to conclude a sales agreement for the Products of his choice. The Customer automatically receives a confirmation of receipt of the Order in the Seller’s computer system.
15. The Seller sends to the Client’s e-mail address a confirmation of acceptance of the Order for execution, which constitutes a statement of acceptance of the Client’s offer, and at this moment the contract of sale of the Products is concluded.
16. The sales contract is concluded in the Polish language, with the content compliant with the Regulations.
1. Payment for the Product in the Online Store is made by means of:
a) electronic transfer or payment card via “PayPal”, “Przelewy24” – the list of available banks is visible while placing an order,
b) traditional transfer – when making a transfer, the Customer should use the order number as the title of the payment, the transfer should be made after contacting the Seller on the following details:
bank account number for domestic transfers:
mBank PL82 1140 2004 0000 3102 8297 8975.
2. If a traditional bank transfer is chosen as a method of payment, the transfer of the amount due for a given Order should be made on the next working day from the day of placing the Order. If the payment is not made within this period, the Order will be cancelled and will not be executed. The day of payment is the day of crediting the Seller’s bank account.
6. PRICE OF PRODUCTS
1. All prices given in the Shop are given in Polish zloty and include taxes, including the tax on goods and services (gross price).
2. In the case of an order placed from outside the customs territory of the European Union, the buyer may incur other, additional costs related to the so-called customs debt, i.e. the obligation to pay import duties by the consumer, who will also be the importer of the goods in question.
3. Information about the price of the Product, the characteristics and essential properties of the Product is available in the Store and is provided next to the presented Product.
4. The binding and final price is the price given in the Basket in the summary of the Order at the moment of placing the Order by the Customer through the Store.
5. Seller reserves the right to change prices of Products presented in the Store, withdrawal and introduction of new Products. The above entitlement does not affect Order(s), which were placed before the effective date of any of the changes referred to above.
6. The Seller reserves the right to make changes to prices of Products on an ongoing basis and to conduct and cancel promotions, discounts and sales. The right referred to in the previous sentence shall not affect Orders placed before the change of prices, conditions of promotions, discounts or sales. Promotional campaigns are limited in time. Discounts and promotions do not add up. Promotions, discounts and sales are valid during the period and under the conditions specified each time in the description of the Product in the Store. The promotion, discount or sale lasts until 23:59 on the last day of their validity. Promotional, discount or sale prices are included and apply only to Products ordered through the Store.
7. The Customer can browse Products by category or by using the search engine.
8. Realization of the Order is possible provided that the Product is available in the Store.
1. Delivery of Goods takes place to the address specified by the Customer when placing an Order.
2. Order processing time is up to 20 working days regardless of the number of products purchased. In the case of products made to individual order and according to customer’s specification the lead time may be extended of which the customer will be informed. Realization of an Order starts after:
• bank transfer – after the payment is recorded by the Seller,
• payment by electronic transfer or payment card – after confirmation received by the Seller from the payment operator.
3. The seller makes every effort to ensure that the order is processed and shipped as soon as possible.
4. After the above-mentioned lead time, the goods are released to the carrier. The term of dispatch of the order by us is up to 2 working days counted from the moment of completion and dispatch of the Order by the Seller (end of the Order Execution Time).
5. Delivery of the ordered Goods is carried out by a courier company, DPD and UPS.
6. Delivery costs are precisely defined when placing an order and are visible under the list of selected products. The total customer payment is the sum of the price of all ordered products and the cost of delivery.
7. The Seller fulfills orders within the territory of the Republic of Poland, the European Union and outside the European Union. In case of orders placed outside the customs territory of the European Union, the buyer may incur other, additional costs associated with the so-called customs debt, i.e. the obligation to pay import duties by the consumer who will also be the importer of the goods.
8. Personal collection is also possible by appointment.
9. The duration of the delivery after the parcel has been picked up by the carrier depends on the type of delivery method selected by the customer and is specified by the regulations of the individual carriers.
10. In the case of orders which are not completed through the fault of the Customer, in particular in the case of an unjustified refusal to accept the ordered goods or the provision of an incorrect or inaccurate address which prevents the delivery of the goods, the Seller reserves the right to charge the Customer with the costs incurred in connection with the execution of the order and the actual costs of transporting the goods – including the return transport.
11. Fixing, securing, making available and confirming to the Client the essential provisions of the Goods Sales Contract takes place by sending to the Client a confirmation to the e-mail address provided and by attaching to the parcel containing the Goods a printout of the confirmation or specification of the Order or a receipt or a VAT invoice.
8. COMPLAINTS ABOUT GOODS UNDER WARRANTY
1. The Seller shall be liable to the Consumer for non-compliance of the Product with the Sales Agreement.
2. The Seller agrees to provide the Consumer with the Product in accordance with the Sales Agreement.
3. The Consumer may file a complaint if the Product is inconsistent with the concluded Sales Agreement.
4. The Seller undertakes to provide Products free from physical and legal defects, unless the description of the Product indicates that the Product is not of full value.
5. Before taking delivery of the parcel with the purchased Product, the Customer should check whether the parcel has not been damaged in transit. If damage is found, the Customer is entitled to refuse the shipment and then contact the Seller to determine the further course of action.
6. In order to make a complaint, the consumer sends a complaint notification to the e-mail address firstname.lastname@example.org with information about the date of purchase, a detailed description of the defect the date the defect arose and the request, in accordance with the Law on Consumer Rights. Upon receipt of the complaint, the Seller will immediately inform the consumer about further procedures. In order to consider the Product complaint, the Customer sends the advertised Product to the Seller at the address: Izabella Budryn ul. Złota 44/213, 00-120 Warsaw.
7. The Consumer shall bear the costs associated with shipping the advertised Product to the Seller.
8. The Seller will consider a complaint about the Product within 14 days.
9. If the goods are inconsistent with the contract, the consumer may request repair or replacement.
10. The Seller may make a replacement when the consumer demands a repair, or the Seller may make a repair when the consumer demands a replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the seller, the seller may refuse to bring the goods into conformity with the contract.
11. In assessing the excessive cost to the seller, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the goods with the contract, the value of the goods in conformity with the contract and the excessive inconvenience to the consumer caused by the change in the manner of bringing the goods into conformity with the contract.
12. The seller shall repair or replace within a reasonable time from the moment the seller is informed by the consumer of the lack of conformity with the contract, and without undue inconvenience to the customer, taking into account the nature of the goods and the purpose for which the consumer purchased them. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be borne by the trader.
13. The consumer shall make the goods subject to repair or replacement available to the entrepreneur. The seller shall collect the goods from the consumer at his expense.[Declaration of price reduction or withdrawal from the contract]
I. If the goods are not in conformity with the contract, the consumer may make a declaration to reduce the price or withdraw from the contract when:
a) the trader has refused to bring the goods into conformity with the contract in accordance with Article 43d Paragraph 2 of the Law on Consumer Rights;
b) the trader has failed to bring the goods into conformity with the contract in accordance with Article 43d Paragraphs 4-6 of the Consumer Rights Law;
c) the lack of conformity of the goods with the contract continues, even though the trader has tried to bring the goods into conformity with the contract;
d) the lack of conformity of the goods with the contract is so significant that it justifies either a price reduction or withdrawal from the contract without first taking advantage of the protections set forth in Article 43d of the Consumer Rights Law;
e) it is clear from the trader’s statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
II. The reduced price must remain in such proportion to the contract price as the value of the non-conforming goods remains to the value of the conforming goods.
III. The seller shall return to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer’s statement on price reduction.
IV. The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant. The lack of conformity of the goods with the contract is presumed to be material.
V. If the lack of conformity applies only to some of the goods delivered under the contract, the consumer may withdraw from the contract only with respect to those goods, as well as with respect to other goods purchased by the consumer together with the non-conforming goods, if the consumer cannot reasonably be expected to agree to keep only the conforming goods.
VI. In the event of withdrawal from the contract, the consumer shall immediately return the goods to the entrepreneur at his expense. The trader shall return the price to the consumer immediately, no later than 14 days from the date of receipt of the goods or proof of their return.
VII. The trader shall refund the price using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him.
VIII. The Consumer may refrain from paying the price until the Entrepreneur has fulfilled his obligations under Articles 43d and 43e of the Consumer Rights Act.
IX. If the Consumer makes any of the statements referred to above, the Seller does not respond to the statement within 14 days of its receipt, it shall be deemed that the Seller has acknowledged the Consumer’s complaint.
14. If the Consumer submits a statement of price reduction, the Seller shall send the Product back to the Consumer and refund part of the price. The refundable portion of the price of the Product shall be determined in such proportion to the price of the Product under the Sales Contract as the value of the Product with the defect remains to the value of the Product without the defect.
15. If the Consumer withdraws from the Sales Contract, the Seller shall refund the price of the Product.
16. If replacement of the Product or removal of the Product defect is impossible or would require excessive costs, the Seller may refuse to satisfy the Consumer’s request. In such a case, the Seller shall refund the price of the Product.
17. The Consumer is obliged to provide the Seller with complete and accurate data necessary for the Seller to send the Product without defects or refund the price of the Product (correct address to which the Product is to be sent or correct details of the bank account to which the transfer is to be made). The Seller shall not be liable if, due to the fact that the Consumer has provided incorrect address or name data or an incorrect bank account number, (i) it will not be possible to send the Product free of defects or refund the price, (ii) there will be a delay in this regard (iii) the price refund will be made to a bank account not belonging to the Consumer or (iv) the Product free of defects will be sent to an address not belonging to the Consumer.
18. The Seller shall not be liable for defects in the Product if the Consumer, at the time of conclusion of the Sales Contract, knew about the defect and knowingly purchased the Product with an existing defect.
19. None of the provisions of the Terms and Conditions shall limit the rights of the Consumer, which he is entitled to under the provisions of the applicable law in the territory of Poland. In the event of the existence of a provision of this nature, the provisions of the law in force on the territory of Poland, in particular the Civil Code, shall apply.
20. The Consumer may exercise rights under the warranty for physical defects of the Product regardless of the rights under the manufacturer’s warranty. If the Product is covered by a warranty, the information on this subject will each time be found in the description of the Product in the Store. Detailed conditions for exercising rights under the warranty referred to in this paragraph are contained in the warranty card attached to the Product covered by the warranty in question.
21. Complaints should be addressed to the Seller:
a) by mail, to the address: Izabella Budryn, Złota 44/213,
b) via electronic mail to the address:
22. An example of a warranty claim form can be downloaded from the seller’s website.
9. CONSUMER WITHDRAWAL FROM THE CONTRACT
1. The customer has the right to withdraw from a distance or off-premises contract within 14 days without giving any reason.
2. The period for cancellation expires after 14 days from the day on which the Customer has acquired possession of the goods or on which a third party other than the carrier and indicated by the Customer has acquired possession of the goods.
3. To exercise the right of withdrawal, the Customer must inform the Store of its decision to withdraw from the contract by an unequivocal statement, e.g. a letter sent by e-mail to the following address: email@example.com or by post to the following address Izabella Budryn, Złota 44/213, 00-120 Warsaw, in order to observe the deadline for withdrawal, it is sufficient for the sending of information concerning the exercise of the Customer’s right to withdraw from the contract to take place before the expiry of the deadline for withdrawal..
4. In the case of returning goods from an order to which a free gift was included, the Customer is obliged to return the free gift as well. In the case of refusal to return the gratis, the Store will refund the price of the returned items minus the value of the gratis – in accordance with the price of the gratis.
5. Effects of withdrawal:
a) In the event of withdrawal from this contract, we will return to the Consumer all payments received from him, including the costs of delivery of items, immediately, and in any case no later than 14 days from the date on which the Shop was informed of the decision of the Consumer to exercise his right of withdrawal. Reimbursement of payments will be made using the same method used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement, which does not involve any costs to him. The Shop may withhold the reimbursement until it has received the item or until it has supplied evidence of having sent the item back, depending on which event occurs first.
b) The Consumer shall be obliged to return the Goods to the Seller at his expense – promptly, but no later than within 14 days from the date of withdrawal from the Sales Agreement. To meet the deadline, it is sufficient to send back the Goods to the Seller’s address before expiry of this period.
c) The right to withdraw from the Sales Agreement does not apply, inter alia, to the Customer who is a Consumer in relation to the agreements in which the Goods is a non-refabricated item produced according to consumer specifications or used to meet his individual needs (Article 38 of the Act on Consumer Rights).
d) If the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller. The Seller shall not be obliged to reimburse the Consumer the additional costs incurred by him.
e) In the case where the Sales Agreement included more than 1 Product, and the Consumer has withdrawn from the Sales Agreement only in part (in respect of some of the Products covered by the Sales Agreement), the Seller is entitled to make a refund of delivery costs in proportion to the extent to which the Consumer has withdrawn from the Sales Agreement. In this case the Seller returns to the Consumer such a part of the delivery costs, which corresponds to the number of returned Products in relation to the total number of Products covered by the Sales Agreement in question.
f) In the case of withdrawal, the Customer who is a Consumer shall bear only direct costs of returning the Goods, i.e. costs of sending the Goods to the Seller.
g) The consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
h) The address to which the customer shall return the goods is:
6. A sample withdrawal form can be downloaded from the seller’s website, i.e. ….. and is attached to these Regulations.
7. In accordance with the law on consumer rights (Journal of Laws from 2014 pos. 827 art. 38) personalized products (including engraved) are not returnable.
10. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
1. The Consumer has the possibility to use out-of-court complaint and redress procedures. Among others, the Consumer has the possibility:
a) apply to a permanent arbitration court for settlement of a dispute arising from a concluded agreement,
b) turn to the regional inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller,
c) use the help of a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
2. More detailed information about out-of-court complaint and redress procedures can be found at http://www.polubowne.uokik.gov.pl.
2. The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking to resolve out-of-court a dispute concerning contractual obligations arising from an online sales contract or service contract.
11. PERSONAL DATA
1. The Customer’s personal data registered in the Store are processed by the Seller as a personal data administrator on the basis of Articles 13 and 14 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. on the protection of natural persons in relation to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as “RODO”) for purposes related to transactions performed as part of the Store and for purposes resulting from legally justified interests pursued by the Seller, and on the basis of the consent of the Customer – for purposes consistent with the content of the consent granted, including for commercial and marketing purposes.
2. The Seller, i.e. Izabella Budryn with its registered office in Warsaw, Mokotowska 15A/1B Street, 00-640, NIP 7262596345, is the administrator of personal data (within the meaning of Article 4 pt. 7 RODO) of the Clients, including Users making use of the Shop’s functionalities.0000550851
3. Personal data is used only to carry out orders and, provided that the customer agrees – to inform about new products, services and promotions offered by the store www.izabellabudryn.com will not be shared with other entities.
4. The data provided will be processed on the basis of Article 6(1) (RODO) for the purposes indicated in point 1 above.
5. Providing personal data by a Customer in the Shop is voluntary but it is necessary in order to make transactions in the Shop. Failure to provide personal data prevents the creation of an account in Store and making transactions in the Shop. This does not apply to the processing of data for commercial and marketing purposes, which is carried out only if the consent is freely given, regardless of the transaction within the Store.
6. The Customer has the right to request from the Seller access to personal data concerning him, the right to rectify, delete or restrict processing.
7. The customer has the right to withdraw consent to the processing of personal data at any time without affecting the legality of processing carried out on the basis of consent before its withdrawal.
8. Personal data will be stored for the time necessary for the execution of transactions in the Store and processing of complaints and are processed for the period of time the Customer has an account in the Store, no longer than 3 years from the liquidation of the account in the Store. If the Customer makes a transaction without creating an account in the Store, then the data are processed for a period of 3 years from the date of the transaction. In the case of processing personal data for legally justified purposes of the Seller, data are stored for the time of their implementation and on the basis of the Client’s consent – data are stored until the withdrawal of consent.
9. The customer has the right to lodge a complaint to the President of the Office for Personal Data Protection, if he considers that the processing of personal data concerning him violates the provisions of law.
10. The Client’s personal data will be processed in the form of analytical, sales and marketing profiling, in order to adjust the materials directed by the Seller to the Client’s needs and interests, and in order to make measurements that will allow the Seller to improve its services.
11. The controller carefully selects the entities with which it cooperates or whose services it uses for the processing of personal data, aiming to ensure maximum data protection.
12. Personal data may be transferred to processing entities cooperating with www.izabellabudryn.com (e.g. a courier company delivering purchased products, IT service provider, debt collection company, mailing company, etc.). Data will not be transferred to recipients located in countries outside the European Economic Area.
12. INTELLECTUAL PROPERTY RIGHTS
1. All rights to the Store, including the property copyright, intellectual property rights in its name, its Internet domain, the Store’s website, as well as patterns, forms, logotypes and images on the Store’s website (except for some logotypes and images presented in the Store, the copyright in which belongs to third parties) belong to the Seller.
2. Products provided by the Seller, which are available in the Store are intellectual property of the Seller, are a work within the meaning of the Act on Copyright and Related Rights and are legally protected.
3. Any use by anyone, without the express written permission of the Seller of any of the elements comprising the content and content of the website www.izabellabudryn.com is a violation of copyright belonging to the Seller and shall result in civil and criminal liability.
13. COOKIES POLICY
1. The website may collect login information such as IP address, browser type, language, access times and the address of the website from which the user was redirected (cookies).
2. Cookies are IT data stored in the form of text and number files that are placed on the end devices of the Internet users. Such a terminal device can be a cell phone, laptop or tablet. These files are used and placed during the connection of the Internet user with a given website.
3. The entity placing cookies on the Store User’s terminal equipment and accessing them is the Store operator.
4. Cookies are used for the following purposes: adapting the content of Store websites to User preferences and optimising the use of the websites; in particular, these files allow the recognition of a Store user’s device and properly display the website, tailored to the user’s individual needs, opening statistics that help understand how Store users use the websites, which makes it possible to improve their structure and content.
5. There are two main types of cookies used within the Store: “session” (session cookies) and “permanent”. (persistent cookies). Session” cookies are temporary files that are stored on the end user’s device until they leave the website or disable the software (web browser). “Permanent” cookies are stored in the final device of the User for the time specified in the parameters of cookies or until they are deleted by the User.
6. The following types of cookies are used within the Shop: o “necessary” cookies, enabling the use of the services available in the Shop, e.g. authentication cookies used for services requiring authentication within the Shop cookies used to ensure security, for example used to detect abuse of authentication within the Shop; o “performance” cookies, enabling the collection of information about the manner of use of the Shop websites; o “functional” cookies, enabling “remembering” the settings selected by the User and personalising the User’s interface, e.g. in terms of the chosen language or region in which the User comes from, the font size, website appearance, etc.; o “advertising” cookies, enabling the delivery of advertising content more suited to the User’s interests. o “advertising” cookies that make it possible to provide users with advertising content that is more suited to their interests.
7. In many cases, the software used to browse the Internet (web browser) allows the storage of cookies on the User’s end device by default. Store Users can at any time change their cookie settings. These settings can be changed in particular in such a way as to block the automatic handling of cookies in the settings of your web browser or inform on their placement on the device of the Store User each time. Detailed information about the possibility and methods of using cookies is available in the software settings (web browser).
9. Cookies placed on the Store User’s device may also be used by advertisers and partners cooperating with the Store operator.
10. More information about cookies is available at www.wszystkoociasteczkach.pl or in the “Help” section of your web browser’s menu.
14. FINAL PROVISIONS
1. Seller has the right to make changes to the Terms and Conditions for important reasons, which are considered to be in particular changes in the law. Orders accepted for execution before the effective date of changes to the Terms and Conditions are executed on the existing terms.
2. Seller reserves the right to introduce and cancel offers, promotions and to change prices of products in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change.
3. The Seller is obliged to inform about any changes to these Regulations:
a) all Users, through information on the home page of the Online Store,
b) Users who have an Account, via e-mail, to the address provided by them.
4. If the Buyer does not accept the content of the new Regulations, he has the right to terminate the account agreement at any time by deleting his account or by submitting to the Seller an appropriate statement, in any form, on termination of the account agreement.
5. Settlement of potential disputes arising between Izabella Budryn with its registered office in Warsaw, Mokotowska 15A/1B Street, 00-640, NIP 7262596345 and the Customer, who is a consumer within the meaning of Article 22 of the Civil Code, shall be referred to the competent courts in accordance with the provisions of the relevant provisions of the Civil Procedure Code.
6. Settlement of potential disputes arising between [the operator of the online store] and the Customer, who is not a consumer as defined in Article 22 of the Civil Code, shall be referred to the court having jurisdiction over the registered office of the operator of the online store.
7. In matters not regulated herein, the provisions of the applicable law, including the Civil Code and the Act on Consumer Rights, shall apply.
15. COPYRIGHT NOTICE TO THE TERMS OF SALES
1. The owner of all material copyrights in the model of these Terms and Conditions of Sale is the Executor of the Work, who has granted to this store the non-exclusive and non-transferable right to use these Terms and Conditions of Sale for purposes related to its own business activities on the Internet. Copying and distribution of these Sales Terms and Conditions without the Contractor’s approval is prohibited and may result in criminal and civil liability.