Statute

Contents:

1. Definitions
2. General provisions
3. Orders
4. Payment and price
5. Delivery
6. Withdrawal from the contract
7. Complaints
8. Personal Data Protection
9. Providing services electronically
10. Final provisions

1. DEFINITIONS

   The terms used in the Regulations mean, respectively:

   1. Shop / Online shop – online shop run by the Seller, available at https://fryzmaker.pl;
   2. Seller – Fryzmaker Nataliia Klenk (hereinafter referred to as Fryzmaker), NIP 9571054560, Regon 380818111 with its registered office in Gdynia 81-597 at ul. Nałkowska 22 lok. 3, e-mail: fryzmaker@gmail.com., tel. 788675977, 668047587;
   3. Customer – a natural person, a legal person and an organizational unit without legal personality, to which the law grants legal capacity, purchasing Products via the Online Store;
   4. Consumer – a natural person purchasing Products in the Online Store for purposes not directly related to his or her business or professional activity;
   5. Entrepreneur – a natural person, a legal person or an entity without legal personality, purchasing Products in the Online Store as part of their business or professional activity; in the case of a natural person, an Entrepreneur is a natural person purchasing Products in the Online Store for a purpose directly related to their business activity, when the content of this agreement indicates that it has a professional nature for them, resulting in particular from the subject of their business activity, made available under the provisions on the Central Register and Information on Business Activity;
   6. Entrepreneur with consumer rights – a natural person purchasing Products in the Online Store for purposes directly related to their business activity, when it results from the content of this agreement that it is not of a professional nature for them, resulting in particular from the subject of the business activity they perform, made available on the basis of the provisions on the Central Register and Information on Business Activity;
   7. Working days – days of the week from Monday to Friday, excluding public holidays in accordance with the Act of 18 January 1951 on public holidays;
   8. Regulations – this document specifying the rights and obligations of the Seller and the Customer as well as the terms and conditions of placing orders and making purchases in the Online Store;
   9. Cart – a service provided by the Seller in the Online Store, within which the Products added by the Customer to the Order are visible, enabling the placement and modification of the Order, as well as displaying the current value of the Order;
   10. Order – a declaration of will of the Customer constituting an offer to conclude a Sales Agreement submitted to the Seller by the Customer, submitted using the functionality of the Online Store, containing information necessary to conclude and execute the Sales Agreement;
   11. Product – a movable item available in the Online Store, intended for sale on the basis of a Sales Agreement concluded by the Seller with the Customer using the functionality of the Online Store;
   12. Sales Agreement - sales agreement within the meaning of the Civil Code, concerning the sale by the Seller to the Customer of Products covered by the Order, the terms of which are specified in the Regulations;
   13. GDPR – 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 (General Data Protection Regulation);
   14. Payment Operator – this means an entity providing payment services within the Store on behalf of its Customers.
2. GENERAL PROVISIONS
   1. The online store available at https://fryzmaker.pl is run by Fryzmaker Nataliia Klenk (hereinafter referred to as Fryzmaker), NIP 9571054560, Regon 380818111 with its registered office in Gdynia 81-597 at ul. Nałkowska 22 lok. 3, e-mail: fryzmaker@gmail.com., tel. 788675977, 668047587.
   2. The Regulations define the rights and obligations of Customers and the Seller.
   3. The Regulations are drawn up in Polish and constitute a standard contract within the meaning of the provisions of the Act of 23 April 1964 – the Civil Code.
   4. In order to conclude an agreement with the Seller, the Customer may exercise the right to negotiate the terms of the agreement before placing an order. In the event that the Customer waives the possibility of negotiation, these Regulations constitute the content of the agreement concluded between the parties.
   5. The Customer may access the Regulations at any time via the link provided on the Online Store website, as well as by saving it in any format on a medium of his choice.
   6. The products offered in the Online Store are consistent with the contract within the meaning of Art. 43b sec. 1 and 2 of the Act of 30 May 2014 on consumer rights, unless otherwise indicated in the commercial information.
   7. Communication with the Seller by the Customer results in the Customer incurring costs resulting from agreements concluded by the Customer with third parties for the possibility of using certain forms of remote communication. The Seller does not charge any additional fees or benefits for the possibility of communicating with him.
   8. In the event of a dispute with the Seller, the Consumer has the opportunity to resolve the matter amicably by:
      1. referring to a permanent consumer arbitration court,
      2. mediation,
      3. contacting the Provincial Inspector of Trade Inspection,
      4. contacting the Consumer Federation,
3. ORDERS
   1. Information about products presented in the Online Store does not constitute an offer within the meaning of the provisions of the Civil Code, but constitutes an invitation to conclude a sales contract.
   2. Placing an order constitutes an offer within the meaning of the provisions of the Civil Code, submitted to the Seller by the Customer.
   3. In order to place an order, the Customer should add the product they wish to purchase to the "Cart". Adding a product to the "Cart" does not constitute placing an order. Products may be added or removed from the "Cart" at will.
   4. After finally adding products to the "Cart", the Customer is redirected to a form for placing orders, in order to provide the method of delivery and payment. Then the Customer is redirected to the order summary. The order is placed by selecting the "Buy and pay" button.
   5. The condition for placing an order is to read and accept these Regulations, which the Customer confirms before placing the order by checking the appropriate box in the order form.
   6. By clicking the "Buy and pay" button, the Customer places an order with the obligation to pay.
   7. Information about the total value of the order, which includes the price of the goods and the costs of their delivery, is always provided on the website of the Online Store during the order placement, including before the direct confirmation and placement of the order by the Customer. These are the total costs that the Customer is obliged to pay together with the applicable taxes and the costs of delivering the goods.
   8. After placing the Order, the Customer will receive a message entitled "Order Confirmation" at the email address provided when placing the Order. This email constitutes acceptance of the Customer's offer. At the time the Customer is informed of the acceptance of the offer submitted by him, the Sales Agreement is concluded between the Seller and the Customer.
4. PAYMENT AND PRICE
   1. The customer may pay for the goods placed in the order in the following manner:
      1. in cash or by payment card,
      2. by transfer to the Seller's bank account,
      3. online payment, BLIK or by payment card via the selected Payment Operator.
   2. The electronic payments are handled by the Payment Operator. Making a payment through the Payment Operator requires establishing a separate legal relationship with the Payment Operator and accepting its regulations.
   3. Prices listed on the Online Store website are gross prices and are expressed in Polish zloty. The price of the product before adding it to the "Basket" does not include shipping costs.
5. DELIVERY
   1. The Customer selects the type of delivery from those available on the Online Store website. Delivery is to the address indicated by the Customer in the order.
   2. The order will be fulfilled immediately, no later than within 7 days, unless a different time is specified in the Product card or when placing the Order. The order fulfillment time is counted from the moment of obtaining positive payment authorization.
   3. The costs of delivering the Order, which in addition to the price of the Products are borne by the Customer, are provided on the website of the Online Store when placing the Order.
   4. At the time of delivery of the Product, the benefits and burdens associated with the item and the risk of its accidental loss or damage are transferred to the Customer. In the case of delivery by a carrier or forwarder other than the Seller, the delivery of the Product is considered to be the entrusting of the Product by the Seller to the carrier or forwarder if the Customer is an Entrepreneur or the collection of the Product from the carrier or forwarder if the Customer is a Consumer or an Entrepreneur with consumer rights.
   5. The Customer who is an Entrepreneur is obliged to check the condition of the Product after delivery of the shipment, in the presence of a representative of the Seller or the entity carrying out the transport. In the event of any damage to the shipment, the Entrepreneur is obliged to draw up an appropriate protocol.
   6. It is recommended that the Customer who is a Consumer, as well as an Entrepreneur with consumer rights, if possible, checks the Product after delivery in the presence of a representative of the Seller or the entity carrying out the transport. In the event of any damage to the shipment, it is also recommended that the Consumer, as well as the Entrepreneur with consumer rights, draw up an appropriate protocol and contact the Seller immediately.
   7. In the case of Orders placed by Customers who are Entrepreneurs, if the Seller is unable to fulfill the service due to the fact that the ordered Product is not available, the Seller is entitled to withdraw from the Sales Agreement within seven days of concluding it.
6. WITHDRAWAL FROM THE CONTRACT
   1. A Customer who is a Consumer or an Entrepreneur with consumer rights and who has concluded a distance contract via the Online Store may withdraw from it within 14 days without giving any reason.
   2. The right to withdraw from the contract does not apply to the Customer in the cases referred to in Article 38 of the Act of 30 May 2014 on consumer rights.
   3. The deadline for withdrawal from the contract begins on the day on which the Customer took possession of the Product or on which a third party indicated by him other than the carrier took possession of the Product, and in the case of a contract which:
      1. covers multiple Products that are delivered separately, in batches or in parts – from the moment of taking possession of the last Product, batch or part thereof,
      2. consists in the regular delivery of the Product for a specified period of time – from the moment of taking possession of the first Product.
   4. In order to meet the deadline for withdrawal from the contract, it is sufficient to send the declaration of withdrawal from the contract before the deadline for withdrawal expires.
   5. The Customer may exercise the right to withdraw from the sales contract by sending a declaration of withdrawal by e-mail or in writing to the Seller's address.
   6. In the event of withdrawal from the contract, the contract is deemed not to have been concluded.
   7. In the event of withdrawal from the contract, the Customer is obliged to return the purchased Product immediately, but no later than within 14 days from the date of withdrawal from the contract. To meet the deadline, it is sufficient to send the returned Product before the expiry of 14 days to the Seller's address.
   8. The costs of returning (returning) the Product are borne by the Customer.
   9. The Seller shall immediately, no later than within 14 days from receipt of the Customer's declaration of withdrawal from the contract, return to the Customer all payments made by him, including the costs of delivery of the goods, with the exception of additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard method of delivery offered by the Seller.
   10. The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has indicated in the declaration of withdrawal from the contract another method of refund that does not involve any costs for him.
   11. The Seller may withhold the refund of payments received from the Customer until the Product is received back or the Customer provides proof of sending it back, depending on which event occurs first.
   12. The customer is only liable for a reduction in the value of the goods resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the goods.
7. COMPLAINTS
   1. The Seller shall not be liable to Customers who are Entrepreneurs for any defects in the goods sold.
   2. In the case of Customers who are Consumers or Entrepreneurs with consumer rights, the Seller is liable for the lack of conformity of the Product with the contract under the terms specified in Chapter 5a of the Consumer Rights Act.
   3. A complaint may be submitted by the Customer via e-mail or in writing to the Seller's address.
   4. When submitting a complaint, it is recommended to include at least the following information in the complaint:
      1. name, surname, company name, tax identification number, correspondence address and contact details;
      2. information regarding the date of conclusion of the contract together with confirmation of its conclusion;
      3. information and circumstances relating to the subject of the complaint, in particular the type and date of the non-conformity of the Product with the contract;
      4. a request regarding how the complaint should be dealt with.
   5. The Seller will respond to the Customer's complaint immediately, no later than within 14 days from the date of its submission. Failure by the Seller to respond within the above deadline means that the Seller has deemed the complaint justified.
   6. In the event of the complaint being rejected, the Customer will also be informed whether or not the Seller agrees to an out-of-court settlement of the dispute. In the event of consent, the Seller will indicate to the Customer the entity competent for out-of-court settlement of the dispute.
8. PERSONAL DATA PROTECTION

   Detailed information regarding the processing of Customers’ personal data is specified in the “Privacy Policy” which is an integral part of these Regulations.

9. PROVIDING SERVICES ELECTRONICALLY
   1. The Seller provides the following Electronic Services free of charge via the Online Store:
      1. enabling the placement of an Order and the conclusion of a Sales Agreement;
      2. enabling the use of the Shopping Cart;
      3. Newsletter;
      4. providing data and materials contained in the Online Store, including in particular information about the Products;
      5. enabling the sending of messages via the contact form available within the Online Store.
   2. Technical requirements necessary for cooperation with the IT system through which the Seller provides Electronic Services:
      1. a PC, Mac or other device enabling the use of the Store;
      2. access to the Internet;
      3. access to email;
      4. appropriate software in the form of a web browser.
   3. The Customer is prohibited from providing content of an illegal nature.
   4. The agreement for the provision of services by electronic means is concluded at the moment of commencement of use of a given functionality of the Online Store enabling the use of a specific electronic service.
   5. The Customer may at any time and without giving a reason terminate the agreement referred to in paragraphs 4 and 5 by sending an appropriate statement by e-mail or in writing to the Seller's address. The Customer who is a Consumer, as well as an Entrepreneur with consumer rights, may also withdraw from the agreement referred to in paragraphs 4 and 5 within 14 days without giving a reason, on the terms specified in point VII.
   6. A Customer who is a Consumer, as well as an Entrepreneur with consumer rights, may submit a complaint regarding services provided electronically by the Seller via e-mail or in writing to the Seller's address.
   7. The Seller will consider a complaint regarding services provided electronically within no more than 14 days from the date of its receipt, informing the Customer immediately about its results.
10. FINAL PROVISIONS
    1. Customers can access these Regulations at any time via a link on the Online Store website. The Regulations can be recorded, obtained and reproduced by printing them or saving them on an appropriate data carrier.
    2. The provisions of these Regulations are not intended to exclude or limit any rights of Consumers, as well as Entrepreneurs with consumer rights, granted to them under mandatory provisions of law, including in particular the Act of 30 May 2014 on consumer rights and the Act of 23 April 1964 - the Civil Code. In the event of any unintended inconsistency of the Regulations with the above provisions, these provisions shall prevail and shall be applied by the Seller.
    3. If any provision of these Regulations is found to be unlawful, invalid or otherwise unenforceable to the extent permitted by law, then to that extent it shall be excluded. In the remaining scope, the Regulations shall remain in force.
    4. The Seller may change the provisions of the Regulations after informing the Customers by publishing a uniform text of the Regulations on the website of the Online Store. Changes to the Regulations or new content of the Regulations shall enter into force after 14 days from the date of placing the new content of the Regulations on the website of the Online Store.
    5. Orders placed during the validity of the previous version of the Regulations will be fulfilled in accordance with its provisions.
    6. All graphic elements of the Online Store, technical solutions used therein, content elements, as well as the manner in which graphic elements and content are presented (layout), as well as software, databases and other materials placed within the Online Store are the subject of the Seller's copyright and are protected in accordance with the provisions of the Act of 4 February 1994 on Copyright and Related Rights.
    7. These Regulations are subject to Polish law and are subject to the jurisdiction of Polish courts. The choice of Polish law does not deprive the Consumer of the protection granted to him under the provisions that cannot be excluded by agreement, under the law that would be applicable in the absence of choice of law.
    8. Any disputes arising between the Seller and the Customer who is a Consumer, as well as an Entrepreneur with consumer rights, shall be resolved by a common court having jurisdiction in accordance with the provisions of the Code of Civil Procedure.
    9. Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be resolved by a common court having jurisdiction over the Seller's registered office.