These Regulations set out the general terms and conditions, rules and manner of sales conducted

§ 1 Definitions

Working days – means the days of the week from Monday to Friday, excluding public holidays.
Delivery – means the actual act of delivering to the Customer by the Seller, through the Supplier, the Goods specified in the order.
Supplier – means the courier company with which the Seller cooperates in making Delivery of the Goods.
Password – means a sequence of letter, digital or other characters selected by the Client during the Online Store Registration, used to secure access to the Client’s Account in the Online Store.
Customer – means an entity to whom, in accordance with the Regulations and legal provisions, electronic services may be provided or with whom a Sales Agreement may be concluded.
Consumer – means a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
Customer’s Account – means an individual panel for each Customer, launched for his/her benefit by the Seller, after the Customer registers and concludes a contract for the provision of the Customer’s Account service.
Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, to which the Act grants legal capacity, conducting business or professional activity in its own name and performing a legal action directly related to its business or professional activity.
Regulations – means these regulations.
Registration – means an actual action performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
Seller – luniko.handmade@gmail.com
Online Store Website – means the websites under which the Seller operates the Online Store, operating in the domain of
Goods – means a product presented by the Seller via the Store’s Website, which may be the subject of a Sales Contract.
Durable medium – means a material or tool that allows the Customer or the Seller to store information addressed personally to the Customer, in a manner that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used, and that allows the reproduction of the stored information in an unchanged form.
Contract of sale – means a contract of sale concluded remotely, under the terms of the Regulations, between the Customer and the Seller.

§ 2 General provisions and use of the Online Store

Seller or Service Provider: IRYNA KOLOMIICHUK, conducting business under the name of PHU IRYNA KOLOMIICHUK, ul.Wrocławska 22/4, Bytom, Polska 41-902, NIP 6342982305, REGON 387235111, registered in the Central Register and Information on Business Activity.
All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to the templates, forms, logotypes posted on the Online Store Website (except for logotypes and photographs presented on the Online Store Website for the purpose of presentation of goods, the copyrights to which belong to third parties) belong to the Seller, and the use of such rights may be performed only in the manner specified and in accordance with the Terms and Conditions and with the consent of the Seller expressed in writing.
The Seller shall endeavor to make the use of the Online Store possible for Internet users using all popular Internet browsers, operating systems, types of devices and types of Internet connections. The minimum technical requirements for using the Store’s Website are a web browser with at least Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 or later, with Javascript enabled, accepting cookies, and an Internet connection of at least 256 kbit/s. The Store’s Website is optimized for a minimum screen resolution of 1024×768 pixels.
The Seller uses the mechanism of “cookies” files, which are saved by the Seller’s server on the hard drive of the Customer’s final device when Customers use the Store’s Website. The use of “cookies” is aimed at the proper operation of the Store’s Website on Customers’ terminal devices. This mechanism does not damage the Customer’s final device and does not cause any configuration changes in the Customers’ final devices or in the software installed on these devices. Each Customer may disable the “cookies” mechanism in the web browser of his/her end device. The Seller points out that disabling “cookies” may, however, make it difficult or impossible to use the Store’s Website.
In order to place an order in the Online Store via the Store’s Website and to use services provided electronically via the Store’s Website, it is necessary for the Customer to have an active e-mail account.
It is forbidden for the Customer to provide unlawful content and to use the Internet Store, the Store’s Website or free services provided by the Seller in a manner contrary to the law, good morals or violating the personal rights of third parties.
The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the aforementioned risks. In particular, they should use anti-virus and identity protection programs for Internet use. The Seller shall never ask the Customer to provide him with a Password in any form.
It is not permissible to use the resources and functions of the Online Store for the purpose of conducting activities by the Customer that would violate the interests of the Seller.

§ 3 Registration

In order to create a Customer Account, the Customer is obliged to make a free Registration.
Registration is not necessary to place an order on the Online Store.
For Registration, the Customer should complete the registration form made available by the Seller on the Store’s Website and send the completed registration form electronically to the Seller by selecting the appropriate function found in the registration form. During the Registration process, the Customer sets an individual Password.
While completing the registration form, the Customer has the opportunity to read the Terms and Conditions, accepting its content by marking the appropriate field in the form.
After submitting the completed registration form, the Client receives immediately, by e-mail to the e-mail address provided in the registration form, confirmation of the Registration by the Seller. From that moment, the agreement for electronic provision of the Customer Account service is concluded, and the Customer obtains the possibility to access the Customer Account and make changes to the data provided during the Registration.

§ 4 Orders

Information contained on the Store’s Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers for the conclusion of a Sales Agreement.
The Customer may place orders at the Online Store via the Store’s Website 7 days a week, 24 hours a day.
The Customer placing an order via the Store’s Website, completes the order by selecting the Goods in which he/she is interested. The Goods are added to the order by selecting the “ADD TO CART” command under the given Goods presented on the Store’s Website. After completing the entire order and indicating in the “CART” the method of Delivery and form of payment, the Customer places the order by sending the order form to the Seller, selecting the “BUY AND PAY” button on the Store’s Website. Each time before the order is sent to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as all additional costs he is obliged to pay in connection with the Sales Agreement.
Placing an order constitutes an offer by the Customer to the Seller to conclude a Contract of Sale for the Goods that are the subject of the order.
Once the order is placed, the Seller sends a confirmation of the order to the e-mail address provided by the Customer.
Subsequently, after confirmation of the order placement, the Seller sends to the e-mail address provided by the Client information on acceptance of the order for execution. The information on acceptance of the order for execution is the Seller’s statement of acceptance of the offer referred to in §4 item 4 above, and upon its receipt by the Client, the Contract of Sale is concluded.
Once the Contract of Sale is concluded, the Seller shall confirm its terms and conditions to the Customer by sending them on a durable medium to the Customer’s e-mail address or in writing to the address indicated by the Customer during Registration or order placement.

§ 5 Payments

The prices on the Store’s Website placed next to the given Goods are gross prices and do not include information on delivery costs and any other costs that the Customer will be obliged to incur in connection with the sales contract, of which the Customer will be informed when choosing the method of delivery and placing the order.
The Customer may choose the following forms of payment for the ordered Goods:

– PayPal

– Przelewy24 (Poland)

– Payment cards:
* Visa
* Visa Electron
* Mastercard
* MasterCard Electronic
* Maestro”

(3) The Customer shall be informed each time by the Seller on the Store’s Website of the date by which he is obliged to make payment for the order in the amount resulting from the concluded Contract of Sale.

(4) In the event that the Customer fails to make payment by the deadline referred to in §5.3 of the Terms and Conditions, the Seller shall set an additional deadline for the Customer to make payment and inform the Customer about it on a durable medium. The information about the additional deadline for payment shall also include information that upon ineffective lapse of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiration of the second deadline for payment, the Seller will send the Customer a statement on a Durable medium about withdrawal from the contract on the basis of Article 491 of the Civil Code.

The goods will be sold without any changes in the appearance of the product by laser engraving.

The goods will become the full property of the customer after full payment.

After-sales service:

1.Modification of the external appearance of the finished product by laser engraving on the finished product is free of charge.

(2) The content of the modification is the responsibility of the customer.

(3) Any modification of the appearance of the finished product shall be made in accordance with the wishes and under the full legal and non-legal responsibility of the customer.

(4) The customer shall be responsible for any infringement of property rights of third parties.

(5) Changes in the appearance of finished products by laser engraving shall be made on the basis of materials provided by the customer, including visual, textual and other metadata in all formats available now and in the future.

The product is not returnable after appearance modification by laser engraving.

§ 6 Delivery

Shipping in 24-48 hours. The Seller within 24 hours will prepare, pack and forward the order to the courier company for delivery.
The Seller is obliged to deliver the Goods subject to the Sales Contract without defects.
The Seller shall post on the Store’s Website information about the number of Working Days required for Delivery and Order Fulfillment.
The Delivery and Order Fulfillment period indicated on the Store’s Website is calculated in Business Days in accordance with §5.2 of the Terms and Conditions.
The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
On the day the Goods are shipped to the Customer, information confirming the shipment by the Seller is forwarded to the Customer’s e-mail address.
The Customer should examine the delivered shipment at the time and in the manner accepted for shipments of a given type. If the shipment is found to be damaged or defective, the Customer has the right to demand that an employee of the Supplier write an appropriate protocol.
The Seller, in accordance with the Customer’s will, shall attach to the shipment being delivered a receipt or a VAT invoice covering the delivered Goods.
In the event of the Customer’s absence at the address specified by the Customer, given at the time of placing the order as the address of Delivery, the employee of the Supplier will leave an advice note or attempt to contact the Customer by telephone in order to arrange a date when the Customer will be present. In the event that the ordered Goods are returned to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or telephone, setting again with the Customer the date and cost of Delivery.

§ 7 Warranty

The Seller shall ensure Delivery of Goods free of physical and legal defects. The Seller shall be liable to the Customer if the Goods have a physical or legal defect (warranty).
If the Goods have a defect, the Customer may:a) make a statement to reduce the price or withdraw from the Contract of Sale, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective Goods with defect-free ones or removes the defect.
This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the Goods with defect-free or remove the defects. The Client may, instead of the removal of defects proposed by the Seller, demand that the Goods be replaced with defect-free Goods or, instead of replacing the Goods, demand the removal of defects, unless bringing the Goods into conformity with the agreement in the manner chosen by the Client is impossible or would require excessive costs in comparison with the manner proposed by the Seller. In assessing the excessive cost, the value of the Goods free from defects, the type and significance of the defect found, as well as the inconvenience to which the Customer would be exposed by other means of satisfaction shall be taken into account.b) demand replacement of the defective Goods with defect-free Goods or removal of the defect. The Seller shall be obliged to replace the Defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience to the Customer.
The Seller may refuse to satisfy the Customer’s request if bringing the Defective Goods into conformity with the Contract of Sale in a manner chosen by the Customer is impossible or, in comparison with the other possible manner of bringing them into conformity with the Contract of Sale, would require excessive costs. The cost of repair or replacement shall be borne by the Seller.
The Customer who exercises his/her rights under the warranty is obliged to deliver the defective item to the Seller’s address. In the case of a Customer who is a Consumer, the cost of delivery is covered by the Seller.
Any complaints related to the Goods or implementation of the Sales Agreement, the Customer may send in writing to the e-mail of the Seller:

luniko.handmade@gmail.com

The Seller shall, within 14 days from the date of the request containing the complaint, respond to the complaint of the Goods or the complaint related to the implementation of the Contract of Sale reported by the Client.
The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to luniko.handmade@gmail.com. In the complaint notification, the Customer should include a description of the problem. The Seller shall immediately, but no later than within 14 days, consider the complaint and provide the Customer with a response.

§ 8 Warranty

Goods sold by the Seller may be covered by a warranty provided by the manufacturer of the Goods or distributor.

§ 9 Withdrawal from Sales Agreement

A Customer who is a Consumer who has concluded a Sales Contract may withdraw from it within 14 days without giving any reason.
Products with personal engraving and custom engraving (logotype, photo, picture, etc.) are not eligible for return.
The period for withdrawal from the Sales Agreement begins from the moment the Consumer takes possession of the Goods.
The Consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. This statement may be made, for example, in writing to the address of the Seller, by e-mail to the address of the Seller. The statement can be made on the form.

MODEL WITHDRAWAL FORM

(this form should be completed and sent back only if you wish to withdraw from the contract)

Addressee: [name of the entrepreneur].

Return address:[street, city, postal code].

Contact e-mail: [if available].

– I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following things(*) the contract for delivery of the following things(*) the contract for workmanship of the following things(*)/ for the provision of the following service(*)

– Date of conclusion of the contract(*)/ receipt(*)

– Name of the consumer(s)

– Address of the consumer(s),

– Bank account for the refund of the payment,

– amount of refund

– Signature of the consumer(s) (only if the form is sent on paper)

– Date:

(*) Delete unnecessary.

To meet the deadline it is sufficient to send the statement before its expiration.
In case of withdrawal from the Sales Agreement, it is considered not concluded.
If the Consumer has made a statement of withdrawal from the Sales Contract before the Seller has accepted his offer, the offer ceases to be binding.
The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Sales Contract, return to him all payments made by him for the product (the cost of Delivery of the Goods to the Consumer is not refundable). The Seller may withhold reimbursement of payments received from the Consumer until it receives back the Goods.
If the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary method of Delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by the Consumer.
The Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date of delivery. To meet the deadline it is sufficient to return the Goods to the Seller’s address before the expiration of this period.
If the consumer decides to withdraw from the contract of sale concluded online within the statutory 14-day period, he is obliged to cover the cost of return shipping to the Seller
The consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
The Seller shall refund the payment 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.

§ 10 Free services

The Seller provides to the Customers, by electronic means, free of charge services:
(a) Newsletter
b) Maintaining a Customer Account.
The services indicated in §10 section 1 above are provided 7 days a week, 24 hours a day.
The Seller reserves the right to choose and change the type, forms, time and manner of granting access to the selected services mentioned above, of which it will inform the Customers in a manner appropriate for changing the Terms and Conditions.
The Newsletter service may be used by any Customer who enters his/her e-mail address, using the registration form made available by the Seller on the Store’s Website. After submitting the completed registration form, the Client will immediately receive, via e-mail to the e-mail address provided in the registration form, confirmation by the Seller. With this moment, a contract for electronic provision of the Newsletter service is concluded.
The Newsletter service consists in sending by the Seller, to the e-mail address, a message in electronic form containing information about new products or services in the Seller’s offer. The Newsletter is sent by the Seller to all Customers who have subscribed.
Each Newsletter directed to the Clients’ data contains, in particular: information about the sender, filled in field “subject”, defining the content of the message and information about the possibility and manner of resignation from the free Newsletter service.
The Customer may at any time resign from receiving the Newsletter by unsubscribing via a link provided in each email sent as part of the Newsletter service or by activating the appropriate field in the Customer Account.
The Customer Account service is available after Registration under the terms described in the Terms and Conditions and consists in providing the Customer with a dedicated panel within the Store’s Website, allowing the Customer to modify the data he/she provided during Registration, as well as to track the status of orders and history of orders already completed.
A Customer who has made a Registration may submit a request for deletion of the Customer’s Account to the Vendor, however, in the event of a request for deletion of the Customer’s Account by the Vendor, it may be deleted up to 14 days after the request.
The Seller is entitled to block access to the Customer’s Account and free services, in the event of the Customer acting to the detriment of the Seller or other Customers, the Customer’s violation of the law or the provisions of the Terms and Conditions, as well as when blocking access to the Customer’s Account and free services is justified for security reasons – in particular: the Customer’s breaking the security of the Store’s Website or other hacking activities. The blocking of access to the Customer’s Account and free services for the aforementioned reasons lasts for the period of time necessary to resolve the issue underlying the blocking of access to the Customer’s Account and free services. The Seller shall notify the Customer of the blocking of access to the Customer’s Account and free services by e-mail to the address provided by the Customer in the registration form.

§ 11 Personal Data Protection

The administrator of the personal data of the Clients provided to the Seller voluntarily within the framework of Registration, submission of a one-time order and within the framework of provision of electronic services by the Seller or within the framework of other circumstances specified in the Terms and Conditions, is the Seller.
The Seller processes Customers’ personal data for the purpose of order processing, provision of electronic services by the Seller and other purposes specified in the Regulations. The data is processed only on the basis of the provisions of the law or the consent expressed by the Customer in accordance with the applicable laws.
The collection of personal data provided to the Seller is reported by the Seller to the General Inspector of Personal Data Protection.
The Customer provides his/her personal data to the Vendor voluntarily, with the proviso, however, that failure to provide certain data during the Registration process makes it impossible to register and set up a Customer Account and makes it impossible to place and execute a Customer order, in the case of placing an order without registering a Customer Account.
Anyone who provides the Seller with his/her personal data has the right to access its content and to correct it.
The Seller provides the possibility to remove personal data from the maintained collection, in particular in case of deletion of the Customer Account. The Seller may refuse to remove personal data if the Customer has not paid all amounts due to the Seller or has violated applicable laws, and the preservation of personal data is necessary to clarify these circumstances and determine the responsibility of the Customer.
The Seller protects the personal data provided to it and makes every effort to protect it from unauthorized access or use.
The Seller shall transfer the Customer’s personal data to the Supplier to the extent necessary to carry out the Delivery.

§ 12 Termination of Contract (not applicable to Sales Contracts)

Both the Customer and the Seller may terminate the contract for provision of services by electronic means at any time and without stating reasons, subject to the preservation of the rights acquired by the other party before the termination of the aforementioned contract and the provisions below.
Both the Customer and the Seller may terminate the contract for provision of services by electronic means at any time and without stating reasons, subject to preservation of the rights acquired by the other party prior to termination of the aforementioned contract and the provisions below.
A Client who has made a Registration terminates the contract for the provision of services by electronic means, by sending to the Seller an appropriate statement of intent, using any means of remote communication, allowing the Seller to become acquainted with the Client’s statement of intent.
The Seller shall terminate the contract for the provision of services by electronic means by sending to the Client an appropriate statement of intent to the e-mail address provided by the Client during Registration.
Before returning the goods, it is mandatory to contact by email: luniko.handmade@gmail.com

§ 13 Final provisions

The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients who are Entrepreneurs, the Seller shall be liable only in the case of intentional damage and within the limits of actual losses incurred by the Client who is an Entrepreneur.
The content of these Terms and Conditions may be fixed by printing, saving on a carrier or downloading at any time from the Store’s Website.
If a dispute arises on the basis of the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The governing law for the resolution of any disputes arising on the basis of these Terms and Conditions is Polish law.
Each Customer may use out-of-court ways to resolve complaints and assert claims. In this regard, it is possible for the Customer to use mediation. Lists of permanent mediators and existing mediation centers are provided and made available by the Presidents of the relevant District Courts. A Customer who is a Consumer may also make use of out-of-court ways of handling complaints and pursuing claims by submitting his/her complaint through the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/
The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution prior to the effective date of the new Regulations shall be executed on the basis of the Regulations that were in effect on the date the order was placed by the Customer. The amendment to the Terms and Conditions shall become effective within 7 days from the date of publication on the Store’s Website. The Seller will inform the Customer 7 days before the new Regulations come into effect about the change in the Regulations by means of a message sent via e-mail containing a link to the text of the amended Regulations. If the Client does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact, which results in termination of the contract in accordance with the provisions of §12 of the Terms and Conditions.
The Regulations shall come into force on 01.01.2019.