Terms and conditions of the online store kamilrysuje.pl These terms and conditions of the online store kamilrysuje.pl, operating at www.kamilrysuje.pl, contain the rules for placing an order and concluding a contract, forms of delivery and payment available in the store, the procedure for withdrawing from the contract and the complaint procedure. The store is run by Kamil Kuchnio conducting business activity under the company name Studio Grafiki Kamil Kuchnio with its registered office in Knurów 44-193 at ul. Konopnicka 2A/4, registered in the Central Register and Information on Business Activity under the following numbers: NIP: 9691500051 and REGON: 388768223. Contact with the seller is possible at the following e-mail address: kontakt@kamilrysuje.pl
1. Definitions
For the purposes of these regulations, the following meanings of the words are established:
- Buyer – a natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity,
- Consumer – a natural person with full legal capacity who makes a purchase from the Seller that is not directly related to his or her business or professional activity,
- Basket – a list of items created based on the Buyer’s choices from the products available in the Store,
- Product – a movable item available in the Store to which the Sales Agreement applies,
- Regulations – these regulations, available at https://kamilrysuje.pl/regulamin https://kamilrysuje.pl/regulamin
- Sales Agreement – a sales agreement for Products concluded between the Buyer and the Seller within the meaning of the Civil Code,
- Shop – online shop operating at www.kamilrysuje.pl
- Seller – Kamil Kuchnio, conducting business at the following address: ul. Konopnickiej 2A/4, 44-193 Knurów, Poland.
- Order – a declaration of will of the Buyer submitted via the order form, directly aiming to conclude a Sales Agreement.
2. General provisions
- The Regulations define the terms and conditions of using the Store, as well as the rights and obligations of the Seller and the Buyer.
- Through the Online Store, the Seller conducts retail sale of its Products.
- The sale takes place via the Internet in the form of a contract concluded at a distance between the Buyer and the Seller in Polish.
- The Buyer cannot make a purchase in the Store anonymously or under a pseudonym.
- All Product prices presented on the Store’s website are gross prices and are given in Polish zloty.
- Product prices do not include shipping costs. The Buyer is informed about the shipping costs when placing the Order.
3. Rules for using the Online Store
- The customer is obliged in particular to:
– use the Online Store in a manner that does not disrupt its operation, in particular through the use of specific software or devices, – use all content posted in the Online Store only for personal use, – use the Online Store in a manner that is not burdensome to other Customers and the Seller, – not provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties, – not take actions such as: sending or placing unsolicited commercial information (spam) within the Online Store, – use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
4. Placing an order
- The condition for placing an Order is the acceptance of the Regulations, which the Buyer should familiarize themselves with in advance. In case of any doubts regarding the regulations, the Buyer may contact the Seller.
- Orders can be placed 24 hours a day.
- The order is placed by filling out the order form after adding the Products selected by the Buyer to the basket. The form requires providing the data necessary to complete the order. At the stage of placing the order, the delivery method and payment method for the Order are also selected.
- The order will be shipped within the time specified in the product description, and for orders consisting of multiple Products, within the longest time specified on the product cards.
- An incorrectly completed form will not be considered.
- Upon placing an order and paying the amount due, a sales contract is concluded between the buyer and the Seller.
- Placing an Order is tantamount to consenting to the storage and processing of personal data by the Seller of personal data contained in the order in accordance with the applicable provisions of the Personal Data Protection Act, Journal of Laws No. 133, item 883.
- In the event of unavailability of the Products covered by the Order in the Store and the impossibility of fulfilling the Order, the Seller will notify the Customer of this fact no later than within 14 days from the date of placing the Order. In such a case, the Customer has the right to decide whether he/she agrees to fulfill the order in the period proposed by the Seller or withdraws from the Agreement. In the event of impossibility to fulfill part of the Order in question, the Customer will be informed of the status of the order and will have the possibility of making a decision on the method of its fulfillment. The Customer chooses between:
– partial fulfillment – the selection of this option by the Customer will result in the fulfillment of the Order concerning only available Products, – cancellation of the entire order (withdrawal from the Agreement) – in the event of withdrawal from the agreement, the Seller will return to the Customer the entire amount paid for the Order. In addition, the Buyer will be informed of the above refund via a message to the e-mail address provided by the Buyer in the order form. In the event of no response from the Customer to the message about the unavailability of some products counted in 7 days – the Order will be canceled and the amount will be refunded.
5. Invoices
- At the request of the Buyer, the Seller is obliged to issue an invoice for the Order in the Store. The Buyer may issue such a request within three months, counting from the end of the month in which the product was delivered or payment for it was received.
- The Buyer, expressing a wish to receive an invoice for the order, is obliged to provide true personal data.
- The invoice issue deadline is:
– by the 15th day of the following month (if the Buyer expressed a wish to receive an invoice in the same month in which the Product was delivered), – within 15 days from the date of notification (if the Buyer expressed a wish to receive an invoice after the month in which the Product was delivered).
6. Delivery methods and payment methods
- The choice of delivery method for the Product is made by the Buyer when placing the order.
- The available payment methods for the Order and Delivery are described on the Store’s website and are presented to the Buyer at the stage of placing the order.
- The cost of delivery of the Order is borne by the Buyer, unless the Seller indicates otherwise on the Store’s website.
- The Seller shall not be liable for the consequences of fortuitous events that prevented or hindered the performance of the contract (fire, flood, etc.).
- The Seller provides the Customer with proof of purchase.
- The Seller provides the Customer with the following payment methods:
– Payment by bank transfer to the Seller’s bank account: Nest Bank: 64 1870 1045 2078 1070 0269 0001 Nest Bank EUR: 10 1870 1045 2078 1070 0269 0003 – Electronic payments and card payments via the Przelewy24 service, owned by: PayPro SA, ul. Kanclerska 15, 60-327 Poznań, NIP: 779-236-98-87 | Regon: 301345068 – Electronic payments and card payments via Stripe: You can electronically arrange payment for your order through our website. Electronic payment via the Internet can be compared to PIN payments in a store. After placing the order, select the Stripe payment method. A screen will open where you can select the bank where you bank online. Then follow the procedure you are used to when paying via online banking. Generally, the payment is processed the same business day. For more information, visit the website https://www.stripe.com
- The Order is shipped within the territory of the Republic of Poland. It is possible to ship the goods abroad. In order to determine the details, such as the costs of such shipping, please contact the Seller.
- “On hand” products are shipped within 5 business days. “Made to order” products are shipped within 21 business days.
- In the event of the need to return funds for a transaction made by the Buyer (e.g. overpayment), the Seller will make the refund by transfer to the bank account indicated by the Buyer.
- Failure by the Buyer to pay the Order and delivery costs within 7 days will result in its cancellation.
7. Description and photos of the Products
- Each product in the Store is handmade, which is why individual items may differ slightly. These differences do not affect the quality of the product and are not grounds for complaint.
- The individual settings of the Customer’s computer and monitor affect the way colors are displayed. Complaints due to color discrepancies between Products will not be considered.
- Before receiving the shipment, the Customer is obliged to:
– checking in the presence of the courier whether there is any damage to the packaging, – checking the contents of the shipment if damage is noticed on the packaging, – drawing up a damage report in the presence of the courier at the time of noticing the defect. If the Customer does not comply with the above, it is concluded that there is no basis for accepting the complaint.
8. Complaints
- The customer has the right to complain about defective goods or goods that do not comply with the description.
- The Seller is liable to the Customer who is a Consumer under the warranty for defects on the terms specified in art. 556-576 of the Civil Code. In relation to Customers who are Entrepreneurs, the warranty is excluded.
- The Seller undertakes to deliver the Product to the Customer free from defects.
- If the sold item has a defect, the Customer may submit a declaration of a price reduction or withdrawal from the contract, unless the Store replaces the defective Product with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Store.
- kontakt@kamilrysuje.pl – A complaint may be submitted by the Customer in two ways: – via e-mail to the following address: kontakt@kamilrysuje.pl – in writing to the following address: Studio Grafiki Kamil Kuchnio, ul. Konopnickiej 2A/4, 44-193 Knurów It is necessary to send photos showing the defect of the Product.
- In order to consider the complaint, the Customer should send or deliver the Product complained about, if possible, attaching proof of purchase. The goods should be delivered or sent to the address indicated in point 5 at their own expense.
- The Seller undertakes to consider the complaint within 14 days of receiving the shipment with the complained goods. Failure to consider the complaint by the Seller within the above period means that the Seller has considered the complaint to be justified.
9. Right of withdrawal
- A consumer who has concluded a Distance Agreement may withdraw from it within 14 calendar days without giving a reason and without incurring any costs. An exception are personalized products, made to the customer’s special order. The declaration of withdrawal from the agreement may be submitted in writing (to the address: Studio Grafiki Kamil Kuchnio, ul. Konopnickiej 2A/4, 44-193 Knurów) or in electronic form (to the e-mail address kontakt@kamilrysuje.pl).
- The 14-day period is counted from the day on which the goods were delivered.
- The Seller reserves the right not to accept Products that have been destroyed, damaged or used in any way by the customer.
- The Consumer is obliged to return the Product to the Seller no later than 14 days from the date on which he withdrew from the Agreement.
- The consumer bears the direct costs of returning the Product. The Seller will not accept cash on delivery.
- In the event of withdrawal from the Agreement, the Seller shall return to the Consumer all payments received from the Consumer, including the cheapest cost of delivery of the Products available in the Store (if the cost was covered by the Consumer) no later than 14 days from the day on which the Seller was informed of the exercise of the right to withdraw from the Agreement. The refund will be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution.
- The Seller may withhold the refund of payments received from the Consumer until it receives the item back or until the Consumer provides proof of sending it back, depending on which event occurs first.
10. Privacy policy and personal data protection
- Providing personal data by the Buyer is voluntary, but their absence makes it impossible to complete the Order. By making a purchase, the Buyer consents to the collection, processing and use of personal data by the Seller for the purpose and to the extent necessary for the Seller to complete the Order.
- The controller of personal data is Kamil Kuchnio, conducting business activity under the company name Studio Grafiki Kamil Kuchnio with its registered office in Knurów, ul. Konopnickiej 2A/4, 44-193 Knurów, registered in the Central Register and Information on Business Activity under the NIP number 9691500051 and REGON number 388768223.
- In matters not regulated by the above Regulations, the provisions of the Civil Code and the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of 31 March 2000, Journal of Laws No. 22 item 271, shall apply. Disputes arising from the application of these Regulations and in connection with the performance of contracts concluded between the Store and Customers shall be considered by the competent court in accordance with the provisions on property and local jurisdiction in accordance with the Act of 17 November 1964, the Code of Civil Procedure (Journal of Laws No. 43 item 296, as amended).
- The Buyer has the right to freely access their personal data, the right to correct them, as well as the right to demand the cessation of their processing and their removal from the database, which should be reported in writing to the e-mail address kontakt@kamilrysuje.pl.
- The Buyer may consent to receiving promotional and information materials via e-mail.
11. Comments and complaints regarding the operation of the Store
- All comments and complaints related to the functioning of the Store may be submitted by the Buyer via e-mail to the following e-mail address:: kontakt@kamilrysuje.pl.
- In the complaint, the Buyer should provide his/her name and surname, correspondence address, as well as the type and date of the irregularity related to the operation of the Store.
- The Seller will consider all complaints within 14 days of receiving the complaint and will inform the Customer about its resolution via e-mail to the complainant.
12. Copyright
The seller is the owner of the photos presented on the website. All products and photos posted on the website www.kamilrysuje.pl are subject to the Copyright Protection Act of February 4, 1994.
13. Final provisions
- These Regulations are made available to the Buyer free of charge before the conclusion of the sales agreement. The Buyer can obtain them at any time on the website kamilrysuje.pl in the “Regulations” tab.
- No provision of these regulations is intended to violate the Buyer’s rights. Nor can it be interpreted in this way, because in the event of any inconsistency of any part of the regulations with applicable law, the Seller declares unconditional submission to and application of this law in place of the disputed provision of the regulations.
- The Seller reserves the right to introduce and withdraw offers and promotions and to change the 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 was made.
- The Store reserves the right to change the Regulations. Any changes to the Regulations come into effect on the date indicated by the Store on the day of announcement. Orders placed before the date of entry into effect of changes to the Regulations are fulfilled based on the provisions in force on the day the Order is placed by the Customer.
- Registered Buyers will be notified of changes to the Regulations and their scope electronically (to the e-mail address provided during registration or order). The notification will be sent at least 30 days before the new Regulations come into force. Changes will be introduced in order to adapt the regulations to the applicable legal status or to expand the activities of the Store.
- During the execution of the Order and throughout the entire period of after-sales care of the Buyer, the Regulations accepted by him when placing the Order shall apply. The exception is the situation when the Consumer considers them less favourable than the current ones and informs the Seller of the selection of the current ones as binding.
- Any disputes related to agreements concluded via the Store will be considered by the Polish Common Court with jurisdiction over the Seller’s permanent place of business. This provision does not apply to Consumers, in whose case the court’s jurisdiction is considered on general principles. This provision also does not apply to a natural person concluding an agreement with the Seller directly related to their business activity, when it results from the content thereof that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity – in the case of such a person, the court’s jurisdiction is considered on general principles.
- These Regulations are effective from: 26/09/2024
- All archived versions of the Regulations and additional attachments are available for download in .pdf format on the kamilrysuje.pl website in the “Regulations” tab.
14. Annexes to the Regulations