Terms and Conditions
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of Withdrawal from the Agreement
§ 8 Exceptions to the Right of Withdrawal from the Agreement
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations
Business days - days from Monday to Friday, excluding public holidays in Poland.
Civil Code - the Act of April 23, 1964, Civil Code.
Consumer - a consumer within the meaning of the provisions of the Civil Code.
Account - a free function of the Store (an electronically provided service) regulated by separate terms and conditions, which allows any entity using the Store to create their individual account in the Store.
Buyer - any entity making a purchase in the Store.
Privileged Buyer - a Buyer who is a Consumer or a privileged Entrepreneur.
Privileged Entrepreneur - a natural person who concludes a contract directly related to their economic activity with the Seller, but not of a professional nature.
Terms and Conditions - these terms and conditions.
Store - Smart Deco online store operated by the Seller at https://smart-deco.eu.
Seller - PAWEŁ WIECZOREK, an entrepreneur conducting business under the name SMART DECO PAWEŁ WIECZOREK, registered in the Central Register and Information on Economic Activity kept by the minister competent for economy and the Central Register and Information on Economic Activity, Tax Identification Number (NIP) 8222207527, National Business Registry Number (REGON) 142502480, ul. Warszawska 31F, 05-311 Aleksandrówka.
Consumer Rights Act - the Act of May 30, 2014, on consumer rights.
Email Address: [email protected]
Phone: +48 537 476 852
- Device with internet access
- Internet browser supporting JavaScript and cookies files.
To place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is necessary.
§ 4 SHOPPING IN THE STORE
The prices of products displayed in the Store represent the total prices for the products. The Seller would like to draw attention to the fact that the total price of the order consists of the indicated product price and, if applicable, the costs of product delivery. To purchase a selected product, it should be added to the cart in the Store. Next, the Buyer selects the method of product delivery and the payment method from the available options in the Store. The Buyer is also required to provide the necessary information to fulfill the placed order. The order is considered placed once its content is confirmed and the Buyer accepts the Terms and Conditions. Placing an order is equivalent to entering into an agreement between the Buyer and the Seller. To make purchases in the Store, it is necessary to register an account in the Store.
§ 5 PAYMENTS
For the placed order, the Buyer can make a payment, depending on their choice:
- Regular bank transfer to the Seller's bank account.
In the case of choosing prepayment as the payment method, the order must be paid within 7 business days from placing the order.
The Seller informs that for payment methods where the field to enter the necessary payment information appears immediately after placing the order, payment can only be made directly after placing the order.
By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.
§ 6 ORDER FULFILLMENT
The order fulfillment timeframe is indicated in the Store.
In the case where the Buyer has chosen prepayment as the payment method, the Seller will proceed with order fulfillment after receiving the payment.
If the Buyer has purchased products with different fulfillment times within a single order, the order will be fulfilled within the timeframe appropriate for the product with the longest fulfillment time.
The delivery is available in the following countries:
- Poland
- Sweden
The products purchased in the Store are delivered through a courier company.
§ 7 RIGHT OF WITHDRAWAL FROM THE AGREEMENT
The privileged Buyer has the right to withdraw from the agreement concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
The deadline for withdrawal from the agreement expires 14 days from the day:
- on which the privileged Buyer takes possession of the goods, or on which a third party other than the carrier and indicated by the privileged Buyer takes possession of the goods;
- on which the privileged Buyer takes possession of the last item, batch, or part, or on which a third party other than the carrier and indicated by the privileged Buyer takes possession of the last item, batch, or part, in the case of an agreement that obliges the transfer of ownership of multiple goods that are delivered separately, in batches, or in parts.
In order to exercise the right of withdrawal from the agreement, the privileged Buyer must inform the Seller, using the contact details provided in § 2 of the Regulations, about their decision to withdraw from the agreement by means of an unambiguous statement (for example, a letter sent by post or email). The privileged Buyer may use the withdrawal form template provided at the end of the Regulations, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for the privileged Buyer to send the information regarding the exercise of the right of withdrawal from the agreement before the withdrawal deadline expires.
CONSEQUENCES OF WITHDRAWAL FROM THE AGREEMENT
In the event of withdrawal from the concluded agreement, the Seller shall refund all payments received from the privileged Buyer, including the costs of delivering the goods (except for any additional costs resulting from the privileged Buyer's choice of a delivery method other than the least expensive standard delivery method offered by the Seller), without undue delay and in any case no later than 14 days from the day on which the Seller was informed of the privileged Buyer's decision to exercise the right of withdrawal from the agreement.
The Seller will make the refund using the same means of payment as the privileged Buyer used in the initial transaction unless the privileged Buyer has agreed to a different solution. In any case, the privileged Buyer will not incur any fees as a result of the refund.
If the Seller has not offered to collect the goods from the privileged Buyer personally, the Seller may withhold the refund until the goods are received or until the privileged Buyer provides proof of their return, whichever occurs earlier.
The Seller requests that the goods be returned to the following address: ul. Warszawska 31F, 05-311 Aleksandrówka, without undue delay and in any case no later than 14 days from the day on which the privileged Buyer informed the Seller of the withdrawal from the sales agreement. The deadline is met if the privileged Buyer sends back the goods before the expiration of the 14-day period.
The privileged Buyer bears the direct costs of returning the goods.
The privileged Buyer is only liable for any diminished value of the goods resulting from handling them in a manner other than what is necessary to establish the nature, characteristics, and functioning of the goods.
If, due to its nature, the goods cannot be returned by regular mail, the privileged Buyer will also be responsible for the direct costs of returning the goods. The estimated amount of these costs will be provided by the Seller in the product description in the Store or during the order placement.
§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE AGREEMENT
The right of withdrawal from a distance agreement, as mentioned in § 7 of the Regulations, does not apply to the following types of agreements:
- Agreements for the supply of goods made to the specifications of the privileged Buyer or clearly personalized to meet their individual needs;
- Agreements for the supply of goods that are liable to deteriorate rapidly or have a short shelf life;
- Agreements for the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons, and where the sealing has been broken after delivery;
- Agreements for the supply of goods that are inseparably mixed with other items after delivery, due to their nature;
- Agreements for the supply of audio or video recordings or computer software in sealed packaging, if the packaging has been opened after delivery;
- Agreements for the supply of newspapers, periodicals, or magazines, with the exception of subscription agreements;
- Agreements where the price or remuneration depends on fluctuations in the financial market that are beyond the control of the Seller and may occur before the withdrawal period expires.
Please note that this is a general description and should not be considered as legal advice. It's always recommended to consult the actual regulations and seek professional legal advice if needed.
§ 9 COMPLAINTS AND GENERAL PROVISIONS
The Seller is responsible to the privileged Buyer for the conformity of the performance with the agreement, as provided by the applicable provisions of law, including especially the provisions of the Consumer Rights Act. The Seller requests that complaints be submitted to the postal or electronic address indicated in § 2 of the Regulations. If a product is covered by a warranty, information about the warranty and its terms is available in the Store. Complaints regarding the operation of the Store should be directed to the email address specified in § 2 of the Regulations. The Seller will respond to the complaint within 14 days from the date of its receipt.
II PRIVILEGED BUYERS
Goods In the case of non-conformity of the goods with the agreement, the privileged Buyer has the right to exercise the entitlements specified in Chapter 5a of the Consumer Rights Act. The Seller is responsible for the lack of conformity of the goods with the agreement existing at the time of their delivery and revealed within two years from that moment, unless the period of usability of the goods determined by the Seller, their legal predecessors, or persons acting on their behalf, is longer. Based on the provisions of the Consumer Rights Act, the privileged Buyer may demand, in each case:
- the replacement of the goods,
- the repair of the goods. Additionally, the privileged Buyer may submit a statement about:
- a price reduction,
- withdrawal from the agreement, in a situation where:
- the Seller refused to bring the goods into conformity with the agreement in accordance with Art. 43d(2) of the Consumer Rights Act;
- the Seller did not bring the goods into conformity with the agreement in accordance with Art. 43d(4)-(6) of the Consumer Rights Act;
- the lack of conformity of the goods with the agreement persists despite the Seller's attempt to bring the goods into conformity with the agreement;
- the lack of conformity of the goods with the agreement is significant enough to justify a price reduction or withdrawal from the agreement without prior use of the protection measures specified in Art. 43d of the Consumer Rights Act;
- the Seller's statement or circumstances clearly indicate that the Seller will not bring the goods into conformity with the agreement within a reasonable time or without excessive inconvenience to the privileged Buyer. In the case of goods subject to repair or replacement, the privileged Buyer should make the goods available to the Seller. The Seller collects the goods from the privileged Buyer at the Seller's expense. The privileged Buyer cannot withdraw from the agreement if the lack of conformity of the goods with the agreement is insignificant. In the event of withdrawal from the agreement as mentioned in this section (regarding goods), the privileged Buyer immediately returns the goods to the Seller at the address ul. Warszawska 31F, 05-311 Aleksandrówka, at the Seller's expense. The Seller refunds the privileged Buyer the price promptly, no later than within 14 days from the date of receiving the goods or proof of their return. The Seller promptly refunds the privileged Buyer any amounts due as a result of exercising the right to a price reduction, no later than within 14 days from the date of receiving the privileged Buyer's statement on the price reduction.
Alternative dispute resolution for complaints and claims In the event that the complaint procedure does not yield the expected results for the Consumer, the Consumer may utilize, among others:
- mediation conducted by the competent territorially Regional Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
§ 10 PERSONAL DATA
The Seller is the administrator of personal data provided by the Buyer when using the Store. Detailed information regarding the processing of personal data by the Seller, including the other purposes and legal bases for processing data, as well as the recipients of the data, can be found in the Privacy Policy available in the Store, in accordance with the transparency principle stipulated in the General Data Protection Regulation (GDPR).
The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The legal bases for processing personal data in this case are:
- the contract or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) of the GDPR),
- the legal obligation of the Seller related to accounting (Article 6(1)(c) of the GDPR), and
- the legitimate interest of the Seller, consisting of processing data to establish, investigate, or defend against potential claims (Article 6(1)(f) of the GDPR).
Providing data by the Buyer is voluntary but necessary for the conclusion of the contract. Failure to provide data will prevent the conclusion of a contract in the Store.
The Buyer's data provided in connection with purchases in the Store will be processed until:
- the contract concluded between the Buyer and the Seller ceases to be valid,
- the legal obligation of the Seller to process the Buyer's data no longer applies,
- the possibility of asserting claims by the Buyer or the Seller related to the contract concluded by the Store ceases to exist,
- the Buyer's objection to the processing of their personal data is accepted - in case the legal basis for processing the data was the legitimate interest of the Seller.
- depending on what applies in a given case and what occurs latest.
The Buyer has the right to request:
- access to their personal data,
- rectification of their data,
- erasure of their data,
- restriction of processing,
- data portability to another administrator,
- as well as the right to:
- object at any time to the processing of data based on legitimate interests pursued by the Seller, for reasons relating to the Buyer's particular situation (Article 6(1)(f) of the GDPR).
To exercise their rights, the Buyer should contact the Seller using the data provided in § 2 of the Regulations.
If the Buyer believes that their data is being processed unlawfully, the Buyer may lodge a complaint with the President of the Personal Data Protection Office.
§ 11 DISCLAIMERS
It is prohibited for the Buyer to provide unlawful content.
Each order placed in the Store constitutes a separate agreement and requires separate acceptance of the Terms and Conditions. The agreement is concluded for the duration and for the purpose of fulfilling the order.
Agreements concluded based on the Terms and Conditions are executed in the Polish language.
In the event of a dispute with a Buyer who is not a privileged Buyer, the competent court shall be the court competent for the Seller's registered office.
Any liability of the Seller towards a Buyer who is not a privileged Buyer is, within the limits permitted by law, excluded.
