Terms & Conditions

These Regulations define the general terms , conditions and methods of sales conducted by Beata Marczak, 02-829 Warsaw, , through the online store beatamarczakart.pl (hereinafter referred to as: ” Online Store ” , ” Seller ” or ” Administrator ” ) and define the terms and conditions of providing free services electronically .

§ 1 Definitions

Administrator – also referred to as the Seller .
Working days – days of the week from Monday to Friday , excluding public holidays.
Delivery – the act of delivering the goods specified in the order to the Customer by the Seller , through the Supplier .
Supplier – an entity with which the Seller cooperates in the delivery of goods :
1. USPS Post Office
2. Fedex
Customer – an entity to which services may be provided electronically or with whom a Sales Agreement may be concluded .
Entrepreneur – a person conducting business or professional activity and performing a legal act directly related to his or her business or professional activity .
Seller – Beata Marczak , 02-829 Warsaw , ul . M ącze nskiego 17 , being at the same time the owner of the Online Store.
Goods – a product presented by the Seller via the online store, which may be the subject of a Sales Agreement .
Services – services provided by the Seller to Customers by electronic means within the meaning of the provisions of the Act of 18 July 2002 on the provision of services by electronic means ( Journal of Laws No. 144 , item 1204 , as amended );
Contract – a sales contract concluded at a distance , on the terms specified in the Regulations, between the Customer and the Seller .
Order – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement , specifying in particular the type and quantity of Goods .

§ 2 General provisions

online store, including proprietary copyrights, intellectual property rights to its name , its internet domain, the store website, as well as to templates , forms, logos posted on the website (except for logos and photos presented for the purpose of presenting goods , to which copyrights belong to third parties ) belong to the Seller , and they may be used only in the manner specified in and in accordance with the Regulations and with the Seller ‘s consent expressed in writing .

§ 3 Using the online store

The Seller will make every effort to ensure that the online store is accessible to users using all popular web browsers, operating systems , device types , and internet connection types . The minimum technical requirements for using the Store Website are a web browser of at least Internet Explorer 11 , Chrome 39 , FireFox 34 , Opera 26 , Safari 5 or newer , with Javascript enabled , accepting cookies , and an internet connection with a bandwidth of at least 256 kbit / s .
In order to place an order in the Online Store via the Store Website or via e – mail and to use the services available on the Store Website, the Customer must have an active e-mail account.
is prohibited from providing illegal content and from using the store, its website or free services provided by the Seller in a manner that is contrary to the law, good practices or infringes the personal rights of third parties.
The Seller declares that the public nature of the network and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons , therefore Customers should use appropriate technical measures to minimize the above – mentioned threats . This includes antivirus programs . protecting the identity of those using the network . The Seller never asks the Customer to provide their account password or other sensitive data .
It is not permissible to use the resources and functions of the store in order for the Customer to conduct activities that would violate the interests of the Seller.

§ 4 Registration

In order to create a Customer account, the Customer is obliged to complete a free registration .
Registration is not necessary to place an order in the online store .
To register, the Customer should complete the registration form provided by the Seller on the store’s website and send the completed registration form electronically to the Seller by selecting the appropriate function on the registration form. During registration, the Customer sets an individual password .
When filling out the registration form, the Customer has the opportunity to read the Regulations and accept their content by marking the appropriate box in the form.
After submitting the completed registration form , the Customer will receive confirmation of registration from the Seller at the email address provided in the registration form. At this point, an agreement is concluded for the provision of electronic services – ” customer account management ” , and the Customer will be able to access the Customer account and make changes to the data provided during registration .

§ 5 Orders

The information contained on the store 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 to conclude a Sales Agreement .
The customer can place orders in the store via its website or e-mail 7 days a week, 24 hours a day .
A Customer placing an order through the Store’s website completes the order by selecting the Product (s) they are interested in. Products are added to the order by selecting the ” ADD TO CART” button under the Product(s) presented on the Store’s website. After completing the order and selecting the delivery and payment method in the ” CART , ” the Customer places the order by sending the order form to the Seller and selecting the ” Buy and pay ” button on the Store ‘s website . Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery , as well as about all additional costs he is obliged to incur in connection with the Sales Agreement .
Placing an order constitutes the submission by the Customer to the Seller of an offer to conclude a Sales Agreement for the Goods that are the subject of the order .
After placing the order , the Seller sends confirmation of its placement to the e-mail address provided by the Customer .
Then , after confirming the order , the Seller sends information about acceptance of the order for processing to the e-mail address provided by the Customer . Information about acceptance of the order for processing is the Seller’s declaration of acceptance of the offer referred to in § 4 section 6 above, and upon its receipt by the Customer, a Sales Agreement is concluded .
After concluding the Sales Agreement , the Seller confirms its terms to the Customer by sending them to the Customer’s e-mail address or in writing to the address indicated when placing the order .

§ 6 Payments

The prices on the store’s website displayed next to a given Product 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 Agreement , about which the Customer will be informed when selecting the Delivery method and placing the order .
When ordering home delivery , the Customer can pay for the ordered goods :
1. bank transfer to the Seller’s bank account (in this case, the execution of the order will begin after the Seller sends the Customer a confirmation of order acceptance and after the funds are credited to the Seller ‘s bank account);
2. PayPal
3. Venmo
If the Customer fails to make the payment on time , the Seller shall set an additional deadline for the Customer to make the payment and inform the Customer about it.
If the second payment deadline expires , the Seller will send the Customer a declaration of withdrawal from the Sales Agreement pursuant to Article 491 of the Civil Code.

§ 7 Delivery

The Seller carries out the Delivery on the territory of Poland and outside the territory of Poland.
For international shipping , please contact us at +1.8124574705 .
The Seller is obliged to deliver the Goods that are the subject of the Sales Agreement free from defects.
The delivery and order fulfillment time is counted in business days and is up to 14 days, of which the Customer is informed each time when placing the order .
The Delivery period for digital products is carried out immediately after the payment is credited to the bank account .
Digital products are delivered via e – mail to the e-mail address provided by the ordering party .
The delivery and order processing time indicated on the store website is counted in business days.
The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form .
On the day of sending the Goods to the Customer, information confirming the shipment by the Seller is sent to the Customer’s e-mail address .
The Customer is obligated to inspect the delivered shipment within the time and manner accepted for shipments of that type. If any loss or damage to the shipment is detected , the Customer has the right to request that an employee of the Supplier draw up an appropriate protocol .
The Seller, in accordance with the Customer’s request , attaches a receipt or VAT invoice covering the delivered Goods to the shipment being the subject of Delivery .
If the Customer is not present at the address provided when placing the order as the Delivery address, the Supplier’s employee will leave a delivery note or attempt to contact the Customer by phone to arrange a time when the Customer will be present. If the Supplier returns the ordered Goods to the store , the Seller will contact the Customer electronically or by phone to re – agree with the Customer on the date and cost of the re-delivery.
The customer should check the condition of the package upon receipt from the courier. If the packaging shows visible external damage during transport, it is recommended to refuse the shipment and then contact the provided telephone number +1.8124574705. After paying the cash on delivery amount or acknowledging receipt of the package, it is also possible to open the package , but in the presence of the courier. If any discrepancies are observed, the courier should be asked to prepare a damage report and retain the document for the Seller . It is also recommended to immediately contact the Seller to verify the situation by calling +1.8124574705 .

§ 8 Warranty

The Seller ensures that the Goods are delivered free from physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect ( warranty ) .
In the case of the purchase of digital products, the seller is not subject to warranty rules .
If the physical Goods have a defect , the Customer may :
1. submit a declaration of price reduction or withdrawal from the Sales Agreement , unless the Seller immediately and without undue inconvenience to 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 fulfill the obligation to replace the Goods with defect-free ones or to remove the defects. The Customer may, instead of the removal of the defect proposed by the Seller, request replacement of the Goods with defect-free ones or, instead of replacement of the Goods , request removal of the defect, unless bringing the goods into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller . When assessing the excessive costs, the value of the Goods free from defects, the type and significance of the identified defect, and the inconvenience to which the Customer would be exposed under another method of satisfaction are taken into account .
2. demand replacement of the defective Goods with defect-free ones or removal of the defect. The Seller is obligated to replace the defective Goods with defect-free ones 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 compliance with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the other possible method of bringing the Goods into compliance with the Sales Agreement . The costs of repair or replacement are borne by the Seller.
The Customer who exercises the rights under the warranty is obliged to deliver the defective item to the Seller’s address.
The Seller is liable under the warranty if a physical defect is discovered within two years of the delivery of the Goods to the Customer. A claim for removal of the defect or replacement of the Goods with defect-free goods expires after one year . If the Customer requested replacement of the Goods with defect-free goods or removal of the defect, the period for withdrawal from the Sales Agreement or submission of a price reduction declaration begins upon the ineffective expiry of the period for replacement of the Goods or removal of the defect.
Any complaints related to the Goods or the performance of the Sales Agreement may be submitted by the Customer in writing to the Seller’s address or e-mail address: beatamarczak14@gmail.com.
will respond to the complaint regarding the Goods or the complaint related to the performance of the Sales Agreement submitted by the Customer within 14 days from the date of the request containing the complaint .
The decision will be presented electronically or by telephone.
The Customer may submit a complaint to the Seller regarding the use of free services provided electronically by the Seller . Complaints may be submitted electronically and sent to the email address provided for contact purposes . The Customer should include a description of the problem in the complaint . The Seller will review complaints and respond to the Customer promptly , but no later than within 14 days .

§ 9 Withdrawal from the Sales Agreement

The Customer has the right to withdraw from the Sales Agreement within the time limit 0 days without giving any reason if the product remains unused until then .
In the case of the purchase of digital products , § 9, point 1. does not apply. “ The consumer, in accordance with art. 38, point 13 of the Act, referred to in paragraph 2, has no right to withdraw from a contract for the supply of digital content that is not recorded on a tangible medium , if the performance of the service began with the express consent of the consumer before the expiry of the period for withdrawal from the contract and after the entrepreneur informed the consumer of the loss of the right of withdrawal . ”
The deadline for withdrawal from the Contract in the case of tangible Goods expires after 0 days from the date on which the Customer took possession of the goods.
When withdrawing from the Contract, the Seller must be informed by means of a letter sent by post , fax or e – mail .
In the event of withdrawal from the Sales Agreement , it is considered not to have been concluded .
In the event of withdrawal from the Sales Agreement , the Seller shall return to the Customer all payments received from him , including the costs of delivery of the Goods (excluding additional costs resulting from the Customer’s choice of a delivery method other than the cheapest standard delivery method offered by the Seller ) , immediately , and in any case no later than 14 days from the day on which the Customer was informed about the decision to withdraw from the Agreement.
Refunds will be made using the same payment method that was used by the Customer in the initial transaction , unless the Customer expressly agrees to another solution .
If the Customer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest standard method of Delivery offered by the Seller , the Seller is not obliged to reimburse the additional costs incurred by the Customer .
The Seller has the right to withhold reimbursement until receiving the goods or until proof of having sent back the goods is provided , whichever occurs first .
In the event of withdrawal , the Customer shall bear the direct costs of returning the goods , which may be returned by post in the usual manner .
If , due to its nature , the Goods cannot be returned by regular mail , the Seller informs the Customer about the costs of returning the goods on the store’s website .
The Customer is liable for any reduction in the value of the Goods resulting from their use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

§ 10 Free services

The Seller provides the Customer with free services electronically : Contact form ; Newsletter ; Maintaining a customer account ; Posting opinions.
Free services are provided 7 days a week, 24 hours a day .
The contact form involves sending a message to the Seller via a form located on the store’s website . You can opt out of this service at any time by ceasing to send inquiries to the Seller.
The Newsletter is a service available to any Customer who enters their email address using the registration form provided by the Seller on the store’s website. After submitting the completed registration form, the Customer will immediately receive confirmation from the Seller via email to the email address provided in the registration form . At this point , an agreement for the electronic provision of the Newsletter service is concluded .
The Newsletter service involves the Seller sending electronic messages to the email address provided, containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who have subscribed. Each Newsletter addressed to specific Customers contains , in particular : information about the sender , a completed ” subject ” field specifying the content of the message , and information about the possibility and method of unsubscribing from the service . The Customer may at any time resign from receiving the newsletter by unsubscribing via the link provided in each e – mail sent as part of the service or by activating the appropriate field in his Account on the store’s website .
Maintaining a Customer Account is possible after registration and involves providing the Customer with a dedicated panel within the store’s website, allowing the Customer to modify the data provided during registration, as well as track the status of orders and the history of previously completed orders . A registered Customer may request deletion of their account . However , if a request for deletion is made , it may be deleted within 20 days of the request being made .
Posting opinions consists in enabling the Seller to enable Customers who have an account on the store’s website to publish individual and subjective statements of the Customer , in particular regarding the Goods .
The Seller is entitled to block access to the Customer’s account and free services if the Customer acts to the detriment of the Seller or other Customers , violates the law or the provisions of the Regulations, or when blocking access to the Customer’s account and free services is justified by security reasons – in particular : the Customer’s breaching of the store ‘s website security or other hacking activities . Blocking access to the Customer’s account and free services for the above reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer’s account and free services . The Seller notifies the Customer about blocking access to the Customer Account and free services electronically to the address provided by the Customer in the registration form .

§ 11 Customer Obligations

By posting and sharing content, the Customer voluntarily disseminates it . The posted content does not express the views of the Seller and should not be associated with its activities . The Seller is not a content provider , but merely an entity that provides appropriate IT resources for this purpose .
The customer declares that :
1. is entitled to use the copyrights , industrial property rights and / or related rights to – respectively – the works , the objects of industrial property rights ( e.g. trademarks ) and / or the objects of related rights that constitute the content ;
2. the placement and disclosure of personal data, images and information relating to third parties within the services referred to in § 10 of the Regulations took place legally , voluntarily and with the consent of the persons concerned ;
3. consents to access the published content by other Customers and the Seller , and authorizes the Seller to use it free of charge in accordance with the provisions of these Regulations ;
4. consents to the adaptation of works within the meaning of the Copyright and Related Rights Act.
The customer is not entitled to:
1. , when using the services referred to in § 10 of the Regulations, personal data of third parties and disseminating the image of third parties without the permission or consent of a third party required by law;
2. posting advertising and/or promotional content when using the services referred to in § 10 of the Regulations .
Customers are prohibited from posting content that could , in particular :
1. be posted in bad faith, e.g. with the intention of violating the personal rights of third parties ;
2. infringe any rights of third parties , including rights related to the protection of copyright and related rights , the protection of industrial property rights , trade secrets or confidentiality obligations ;
3. be offensive in nature or constitute a threat directed towards other people , contain vocabulary that violates good manners ( e.g. through the use of vulgarisms or terms commonly considered offensive ) ;
4. be contrary to the interests of the Seller;
5. otherwise violate the provisions of the Regulations, good manners, provisions of applicable law , social or moral norms .
If notified, the Seller reserves the right to modify or remove content posted by Customers as part of their use of the services , in particular content that , based on reports from third parties or relevant authorities , may constitute a violation of these Terms and Conditions or applicable law . The Seller does not conduct ongoing monitoring of posted content .
The Customer consents to the Seller ‘s free use of the content posted by him on the store’s website.

§ 12 Processing of personal data

The administrator of personal data is the Seller, whose identification and contact data are first specified in § 1 of these Regulations under the heading ” Seller ” .
Personal data are processed in accordance with 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 (hereinafter referred to as GDPR ) and other generally applicable provisions .
The data obtained by the Administrator when placing an order and concluding a sales contract are processed in connection with :
1. the necessity to execute the contracts concluded by you with the Controller, as well as the actions taken before concluding the aforementioned contracts at your request ( Article 6, paragraph 1, letter b) of the GDPR ) ,
2. the necessity to fulfil a legal obligation incumbent on the Controller (Article 6, paragraph 1, letter c) of the GDPR ) .
If you subscribe to the newsletter, your personal data are processed on the basis of your consent to the processing of your personal data for marketing purposes in connection with sending commercial information in the form of a newsletter (Article 6, paragraph 1, letter a) of the GDPR).
The Customer’s personal data may be processed in connection with the legitimate interest of the Controller in order to secure and pursue claims ( Article 6 paragraph 1 letter f) of the GDPR).
Providing personal data is voluntary, but required to place an order , conclude a sales contract and ensure its proper implementation .
The Customer’s personal data may be transferred , depending on the selected method of order delivery and payment method , to the selected carrier or intermediary carrying out shipments on behalf of the Administrator for the purpose of delivery , as well as to the entity handling electronic payments or card payments , entities providing hosting services and entities from the IT industry maintaining the online store .
Personal data are stored for the duration of the contract (newsletter subscription) and for the period necessary to secure or pursue any claims arising from the contract; post – sales customer service (complaint handling) or to comply with a legal obligation imposed on the Controller ( e.g. arising from accounting and tax regulations ) .
Personal data processed for marketing purposes and purposes other than those mentioned above will be processed until the previously expressed consent to their processing is withdrawn .
If the Controller plans to further process personal data for a purpose other than the purpose for which the personal data were collected , the Controller is obliged to inform the Customer and provide all necessary information before such further processing .
The Customer has the right to request from the Personal Data Controller access to their personal data, its rectification, erasure , or restriction of processing, the right to object to its processing, and the right to transfer it. The Customer also has the right to lodge a complaint with a supervisory authority.
Information regarding the Administrator ‘s obligation to protect Buyers ‘ data collected when making purchases in the Store in accordance with applicable regulations and in accordance with the highest standards of security and data protection is described in detail in the Privacy Policy ( 6. Personal Data Protection).

§ 13 Final provisions

The Seller is liable for non – performance or improper performance of the Sales Agreement .
The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time by the Customer.
In the event of a dispute arising under the Sales Agreement , the parties will endeavor to resolve the matter amicably . Polish law shall apply to all disputes .
The Seller informs the Customer about the possibility of using extrajudicial methods of settling complaints and pursuing claims . The rules for accessing these procedures are available at the offices or on the websites of entities authorized to provide extrajudicial dispute resolution . These may be, in particular , consumer ombudsmen or Provincial Inspectorates of Trade Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php.
The Seller informs that a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/ .
The Seller reserves the right to change these Regulations.
All orders accepted by the Seller for fulfillment before the date the new Regulations come into effect will be fulfilled based on the Regulations in effect on the date the Customer places the order . Amendments to the Regulations will take effect within 7 days from the date they are published on the Store’s Website. The Seller is obligated to notify the Customer of the change in the Regulations 7 days prior to the entry into force of the new Regulations via an email containing a link to the amended text.
If the Customer does not accept the new content of the Regulations, he or she is obliged to notify the Seller of this fact and may not place new orders in the online store .
The Regulations come into force on the date of their publication.

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