Legal
Regulations of the CALLAIS online store
/defining, among others rules for concluding sales contracts through a store containing the most important information about the Seller, store and consumer rights/
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the store
§ 5 Payments
§ 6 Order processing
§ 7 Right to withdraw from the contract
§ 8 Exceptions to the right to withdraw from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
§ 12 Provisions regarding Buyers who are not Consumers
Annex No. 1: Model withdrawal form
§ 1 DEFINITIONS
Working days - days from Monday to Friday, excluding public holidays.
Account - a free Store function (service provided electronically) regulated by separate regulations, thanks to which the Buyer may set up his individual Account in the Store.
Consumer - a consumer within the meaning of the Civil Code.
Buyer - any entity buying in the Store.
Regulations - these regulations.
Store - CALLAIS online store run by the Seller at https://shop.callais-skystone.com
Seller - PAWEŁ MARIA KORDEK, entrepreneur running a business under the name DekorDekor Paweł Maria Kordek, entered into the Central Register and Information on Economic Activity kept by the minister competent for economy and keeping the Central Register and Information on Economic Activity, NIP 9570174339, REGON number XXXX , Ignacego Matuszewskiego 17B / 4, 80-288 Gdańsk, Poland.
§ 2 CONTACT WITH THE SELLER
1. Postal address: ul. Ignacego Matuszewskiego 17B / 4, 80-288 Gdańsk, Poland
2. Email address: contact@callais-skystone.com3. Phone: +48 602 899 534
§ 3 TECHNICAL REQUIREMENTS
1. For the proper functioning of the Store you need:• device with internet access• web browser that supports JavaScript and cookies.
2. To place an order in the Store, in addition to the requirements set out in paragraph 1, an active e-mail account is required.
§ 4 SHOPPING IN THE STORE
1. The prices of goods visible in the Store are total prices for the goods, including VAT.
2. The Seller notes that the total price of the order consists of the price indicated in the Store: the price for the goods and, if applicable, the costs of delivery.
3. The goods selected for purchase should be added to the basket in the Store.
4. Then the Buyer chooses from the available in the Store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the order.
5. The order is placed upon confirmation of its content and acceptance of the Regulations by the Buyer.
6. Placing an order is tantamount to concluding a sales contract between the Buyer and the Seller.
7. The Seller shall provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium at the latest upon delivery of the goods.
8. The Buyer may register in the Store, i.e. set up an Account in it or make purchases without registration by providing his data with every possible order.
§ 5 PAYMENTS
1. You can pay for your order, depending on the Buyer's choice:a. By ordinary transfer to the Seller's bank account.
2. Via the payment platform installed on the PrestaShop platform.
3. If you choose payment from p.2, the entity providing online payment service is XXXX
4. If the Buyer chooses to pay in advance, the order must be paid within 3 Business Days of placing the order.
5. The Seller informs that in the case of some payment methods, due to their specificity, payment of the order by this method is possible only immediately after placing the order.
6. The Buyer making purchases in the Store accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.
§ 6 ORDER COMPLETION
1. The seller is obliged to deliver the goods without defects.
2. The term of the contract is indicated in the store.
3. In the event that the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after payment.
4. In a situation where, under one order, the Buyer has purchased goods with different delivery dates, the order will be processed within the time limit applicable to the goods with the longest delivery time.
5. The goods are delivered within the territory of the Republic of Polandand abroad.
6. Goods purchased in the Store are delivered depending on which method of delivery the Buyer has chosen:a. Through a courier serviceb. To InPost parcel machinesc. Logistic forwarder.
§ 7 RIGHT TO WITHDRAW FROM AN AGREEMENT
1. The consumer has the right to withdraw from the contract concluded with the Seller through the Store, subject to§ 8 of the Regulations, within 14 days without giving any reason.
2. The deadline to withdraw from the contract expires after 14 days from the day:a. in which the Consumer came into possession of the goods or in which a third party other than the carrier and indicated by the Consumer came into possession of the goods.b. in which the Consumer came into possession of the last item or in which a third party, other than the carrier and indicated by the Consumer, came into possession of the last item in the case of a contract requiring the transfer of ownership of many items that are delivered separately.c. conclusion of the contract - in the case of a contract for the supply of digital content.
3. In order for the Consumer to exercise the right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or information sent by e-mail).
4. The consumer may use the model withdrawal form at the end of the Regulations, but it is not mandatory.
5. To meet the deadline to withdraw from the contract, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
EFFECTS OF WITHDRAWING FROM THE CONTRACT
6. In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from him, including the costs of delivery (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the Consumer's decision to exercise the right of withdrawal.
7. Payment reimbursement shall be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in each case the Consumer shall not incur any fees in connection with this return.
8. The seller may withhold reimbursement until receipt of the goods or until proof of its return is provided to him, whichever occurs first.
9. The seller asks you to return the product to the following address: Dekor Dekor PM Kordek Ignacego Matuszewskiego 17B / 4, 80-288 Gdańsk, Poland, immediately, and in any case not later than 14 days from the day on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the consumer sends the goods back within 14 days.
10. The consumer bears the direct cost of returning the goods.
11. The consumer is only responsible for reducing the value of the goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
12. If the goods, due to their nature, cannot be sent back by ordinary mail, the Consumer will also have to bear the direct cost of returning the goods. The consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.
§ 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT
1. The right to withdraw from a distance contract is not entitled to the consumer in relation to the contract:a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs.b. the product has been applied, open and contaminated or frozen.c. in which the subject of the service is an item subject to rapid deterioration or having a short shelf life.d. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.e. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.f. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery.g. for delivering newspapers, periodicals or magazines, with the exception of subscription contracts.h. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract.i. for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.
§ 9 COMPLAINTS
1. In the event of a defect in the goods, the Buyer may complain about the defective goods on the basis of a warranty or guarantee provided for in the Civil Code, provided that the guarantee has been granted.
2. Using the warranty, the Buyer may, on the terms and within the time limits specified in the Civil Code:a. submit a price reduction statementb. in the event of a material defect - submit a statement of withdrawal from the contractc. demand replacement of the item with a non-defective oned. demand that the defect be removed
3. The Seller asks to make a complaint based on the warranty to the postal or electronic address indicated in § 2 of the Regulations.
4. If it turns out that in order to consider the complaint, it is necessary to deliver the claimed goods to the Seller, the Buyer is obliged to deliver this goods, in the case of a Consumer at the Seller's expense, to the address DekorDekor PM Kordek Ignacego Matuszewskiego 17B / 4, 80-288 Gdańsk.
5. If a product has been given an additional warranty, information about it, as well as about its conditions, is available in the product description in the Store.
6. Complaints regarding the operation of the Store should be directed to the e-mail address provided in § 2 of the Regulations.7. The complaint will be considered by the Seller within 14 days.
8. The seller is not responsible for the manner of application and preparation of the work surface.
EXTRAJUDICIAL METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS
9. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others from:a. mediation conducted by the appropriate Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.b. assistance of the competent field-based amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.c. free assistance from the municipal or poviat Consumer Ombudsman.d. the Internet ODR platform available at: http://ec.europa.eu/consumers/odr/.
§ 10 PERSONAL DATA
1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as about the recipients of data - can be found in the Privacy Policy available in the Store - due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU ) on data protection - "GDPR".
2. The purpose of processing Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the implementation of orders. The basis for processing personal data in this case is:• a sales contract or actions taken at the request of the Buyer, aiming at its conclusion (art.6 par.1 lit.b RODO),• the legal obligation on the Seller related to accounting (Article 6 paragraph 1 letter c) and• the legitimate interest of the Seller, consisting in the processing of data in order to determine, pursue or defend any claims (Article 6 paragraph 1 letter f of the GDPR).
3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a sales contract. Failure to provide data will prevent the conclusion of the sales contract in the Store.
4. Buyer's data provided in connection with purchases in the Store will be processed until:a. the Seller will cease to have a legal obligation, obliging him to process the Buyer's data;b. the possibility of pursuing claims by the Buyer or the Seller related to the sales contract concluded by the Store will cease;c. the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller- depending on what applies in a given case and what will happen at the latest.
5. The buyer has the right to request: . access to your personal data,a. correcting them,b. disposal,c. processing restrictions,d. requests to transfer data to another administratoras well as the law:e. objecting to the processing of data at any time for reasons related to the special situation of the Buyer - to the processing of personal data concerning him, based on art.
6 clause 1 lit. f GDPR (i.e. on legitimate interests pursued by the administrator).6. In order to exercise his rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
7. If the Buyer considers that his data is being processed unlawfully, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.
§ 11 RESERVATIONS
1. It is forbidden for the Buyer to provide illegal content.
2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded on time and to fulfill the order.
3. Agreements concluded on the basis of these regulations are concluded in Polish.
4. None of the provisions of these Regulations excludes or limits in any way the consumer's rights under the law.
5. The provisions regarding goods and the sales contract shall apply accordingly to digital content and the contract for the supply of digital content, unless the Regulations specify these issues separately.
§ 12 PROVISIONS CONCERNING NON-CONSUMER BUYERS
1. The right to withdraw from a distance contract is not entitled to an entity other than the Consumer.
2. Any liability of the Seller towards the Buyer who is not a Consumer is excluded.
3. In the event of any dispute with the Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.
Annex 1 to the RegulationsBelow is a withdrawal form from which the Consumer may use:
MODEL WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
To : Dekor Dekor MP Kordek, NIP 9570174339, REGON number XXXX ul. Ignacego Matuszewskiego 17B / 4, 80-288 Gdańsk, contact@callais-skystone.com
- I / We (*) ........................................... .......................... hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) / for the provision of the following services (*) / for the supply of digital content in the form of (*):.................................................. .................................................. .................................................. .................................................. ............................ .................................................. .................................................. .................................................. .................................................. ............................ .................................................. .................................................. .................................................. .................................................. ............................- Date of conclusion of the contract (*) / receipt (*) ...................................... .................................................. .................................. - Name of Consumer (s): ........................................ .................................................. .................................... - Consumer (s) address: .......................................... .................................................. .............................................. .................................................. .................................................. .................................................. ............................ .................................................. ........................................... Consumer Signature(only if the form is sent in paper version) Date ............................................(*) Delete as applicable.
Account Regulations
Account regulations in the CALLAIS internet storeTABLE OF CONTENTS§ 1 Definitions§ 2 Contact with the Seller§ 3 Technical requirements§ 4 Account§ 5 Complaints§ 6 Personal data§ 7 Reservations§ 1 DEFINITIONSAccount - the free function of the Store (service) regulated in these regulations, thanks to which the Buyer can set up his individual Account in the Store.Buyer - any entity buying in the Store.Store – CALLAIS online store run by the Seller at https://shop.callais-skystone.comSeller - Paweł Maria Kordek, entrepreneur conducting business activity under the name Dekor Dekor PM Kordek, entered into the Central Register and Information on Economic Activity kept by the minister competent for economy and running the Central Register and Information on Economic Activity, NIP 9570174339, REGON number XXXX , Ignacego Matuszewskiego 17B / 4, 80-288 Gdańsk. § 2 CONTACT WITH THE SELLER4. Postal address: PM Kordek, Ignacego Matuszewskiego 17B / 4, 80-288 Gdańsk5. Email address: contact@callais-skystone.com6. Phone: +48 602 899 534§ 3 TECHNICAL REQUIREMENTS1. For proper functioning and creating an Account, you need:• active email account• device with internet access• web browser that supports JavaScript and cookies§ 4 ACCOUNT1. Creating an Account is entirely voluntary and depends on the will of the Buyer.2. The account gives the Buyer additional options, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of the order or editing the Buyer's data.3. To set up an Account, please complete the appropriate form in the Store.4. At the time of creating the Account, an agreement is concluded for an indefinite period between the Buyer and the Seller regarding the maintenance of the Account on the terms set out in these regulations.5. The Buyer may cancel the Account at any time without incurring any costs.6. In order to resign from the Account, please send your resignation to the Seller to the e-mail address: contact@callais-skystone.com, which will result in immediate deletion of the Account and termination of the contract in the scope of keeping the Account.§ 5 COMPLAINTS1. Complaints regarding the operation of the Account should be directed to the email address contact@callais-skystone.com2. The complaint shall be considered by the Seller within 14 days.EXTRAJUDICIAL METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS3. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others from:a. mediation conducted by the appropriate Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.b. assistance of the competent field-based amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.c. the Internet ODR platform available at: http://ec.europa.eu/consumers/odr/.§ 6 PERSONAL DATA1. The administrator of personal data provided by the Buyer when using the Account is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and the basics of data processing, as well as aboutrecipients of data are in the Privacy Policy available in the Store - due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU) on data protection - "GDPR".2. The purpose of processing Buyer's data is to keep an Account. The basis for the processing of personal data in this case is the contract for the provision of services or actions taken at the request of the Buyer, aiming at its conclusion (art.6 par.1 lit.b RODO), as well as the legitimate interest of the Seller, consisting of processing data to determine , pursuing or defending any claims (art.6 par.1 lit.f RODO).3. Providing the data by the Buyer is voluntary, but at the same time necessary to keep the Account. Failure to provide data means that the Seller will not be able to provide the Account keeping service.4. The Buyer's data will be processed until:a. the possibility of pursuing claims by the Buyer or the Seller related to the Account will cease;b. the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller- depending on what applies in a given case and what will happen at the latest.5. The buyer has the right to request:a. access to your personal data,b. correct them,c. disposal,d. processing restrictions,e. requests to transfer data to another administratoras well as the law:f. object to the processing of data at any time for reasons related to the special situation of the Buyer - to the processing of personal data concerning him, based on art. 6 clause 1 lit. f GDPR (i.e. on legitimate interests pursued by the administrator).6. In order to exercise his rights, the Buyer should contact the Seller.7. If the Buyer considers that his data is being processed unlawfully, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.§ 7 RESERVATIONS1. It is forbidden for the Buyer to provide illegal content.2. The Account maintenance contract is concluded in Polish.3. In the event of important reasons referred to in para. 4, the Seller has the right to amend these Account regulations.4. Important reasons referred to in para. 3 are:a. the need to adapt the Store to the legal provisions applicable to the Store's activitiesb. improving the security of the service providedc. changing the functionality of the Account requiring modification of the Account regulations.5. The buyer will be notified of the planned change in the Account regulations at least 7 days before the change is implemented via e-mail sent to the address assigned to the Account.6. In the event that the Buyer does not accept the planned change, he should inform the Seller about it by sending an appropriate message to the Seller's e-mail address contact@callais-skystone.com, which will result in termination of the Account maintenance agreement upon entry into force planned change or earlier, if the Buyer makes such a request.7. In a situation where the Buyer does not object to the planned change until its entry into force, it is assumed that he accepts it, which does not constitute any obstacle to terminate the contract in the future.8. In the event of a dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.9. None of the provisions of these Regulations excludes or in any way limits the consumer's rights under the law.