Shop rules
1. GENERAL PROVISIONS
1.1. The online store rafal-stefanowski.com operating at https://rafal-stefanowski.com (hereinafter: the Store) is run by: Rafał Stefanowski.
1.2. This regulation specifies the rules for using the Store, conditions for placing orders for products available in the Store, the time and rules for order fulfillment, conditions and forms of payment, the Customer's rights to cancel orders and withdraw from the contract, as well as the rules for submitting and processing complaints.
1.3. The Store conducts retail sales via the website using means of distance communication. In order to use the Store, it is necessary to be at least 18 years old and:
1.3.1. have access to the Internet;
1.3.2. have an email address;
1.3.3. install the latest version of a web browser;
1.3.4. have JavaScript enabled;
1.3.5. accept cookies.
1.4. The Customer is entitled and obligated to use the Store in accordance with its purpose and the principles of social coexistence and good manners.
1.5. The Customer is obliged to refrain from any activity that could affect the proper functioning of the Store, including in particular any interference with the content of the Store or its technical elements, and from providing unlawful content. It is prohibited to use it for purposes other than its intended purpose, including in particular sending spam, conducting any commercial, advertising, promotional, political, etc., activities on the Store's websites.
1.6. The Store shall not be liable to the fullest extent permitted by law for disruptions, including interruptions, in operation caused by force majeure, unauthorized actions of third parties, or incompatibility of the Store with the Customer's technical infrastructure.
1.7. Browsing the Store's assortment does not require registration. Placing orders independently by the Customer for products available in the Store's assortment does not require registration.
1.8. The Buyer, no later than at the time of placing the order, is obliged to familiarize himself with the Regulations and by placing the order confirms that he has done so.
2. TERMS AND CONDITIONS OF ORDER FULFILLMENT
2.1. All announcements, advertisements, price lists, and other information posted on the Store's website do not constitute an offer within the meaning of the provisions of the Civil Code, but an invitation to enter into a contract (Article 71 of the Act of February 17, 2016, Civil Code (Journal of Laws of 2016, item 380, as amended)).
2.2. The Customer places an order by selecting products of interest on the Product page, by choosing the "Add to Cart" option, and then indicating the delivery and payment method in the Cart, and confirming the order.
2.3. In the Cart, the Customer has the option to:
2.3.1. add and remove products and their quantities;
2.3.2. specify the delivery address and necessary data for issuing an invoice;
2.3.3. add a discount code.
2.4. In case of reasonable suspicion that the Customer provided false information, the Store has the right to withdraw from order fulfillment by notifying the Customer.
2.5. The shipment of purchased goods is fulfilled within 10 business days, with this period being counted from the confirmation of payment in the Store's account.
2.6. The purchased goods are shipped in tubes that do not bear any markings suggesting the contents of the package and are dispatched by a neutral sender whose name is not associated with the industry.
2.7. Orders can be placed electronically 24 hours a day, all year round. Orders placed on Saturdays, Sundays, and public holidays will be processed on the next business day.
2.8. The Store reserves the right to temporarily suspend operations for maintenance, development, and modernization purposes.
2.9. In case of non-payment within 5 days from placing the order, the Store cancels the order. In such a situation, the Customer can place the order again. The fulfillment of an order paid by bank transfer begins upon receipt of payment for the goods.
2.10. If the fulfillment of part of the order is not possible, the Store may propose to the Customer:
- cancellation of the entire order (if chosen by the Customer, the Store will be released from the obligation to fulfill the order);
- cancellation of the order in part where fulfillment is not possible within the specified period (if chosen by the Customer, the order will be partially fulfilled, with the Store being released from the obligation to fulfill the remaining part);
- provision of substitute performance, which will be confirmed with the Customer. An order based on substitute performance, once approved by the Customer, will be treated as final;
- division of the order and determination of a new fulfillment deadline for the part of the order that cannot be fulfilled within the originally designated period (if chosen by the Customer, the shipment of products comprising the order will be made in several separate shipments, with the Customer bearing additional costs associated with dividing the order into several shipments).
2.11. In case of unavailability of the ordered product or impossibility to fulfill the Customer's order due to other reasons, the Store will inform the Customer by sending information to the email address provided during registration within 7 (seven) days from the date of contract conclusion.
2.12. If payment for an order item that could not be fulfilled in whole or in part has been made in advance, the Store will refund the paid amount to the Customer within 14 (fourteen) days from the date of sending the information, in accordance with the detailed rules specified in point IV of this Regulation.
2.14. In the event of the Customer providing incorrect or inaccurate data, including in particular an incorrect or inaccurate address, the Store shall not be liable for non-delivery or delay in delivery of the ordered item to the fullest extent permitted by law.
2.15. The Store may include on the Store's website presenting a particular product information about the number of business days, i.e., Monday to Friday excluding public holidays, during which the shipment with the ordered item will be dispatched. The above information is an indicative time counted from the acceptance of the order for fulfillment until the dispatch of the ordered item to the Customer, in the manner chosen by them. The order fulfillment time is provided taking into account the completion time of all ordered products.
2.16. Individual orders (on demand) can be placed via the Store's email address. In such a case, the Store will provide an approximate estimate and send it to the email address provided by the customer.
2.17. The fulfillment time of an individual order (on demand) is up to 21 days.
3. PRODUCT PRICES AND SHIPPING COSTS
3.1. Prices listed for products offered by the Store are stated in Polish currency.
3.2. The price listed for the product does not include shipping costs.
3.3. The price does not include the costs of frames for posters.
3.4. The Store reserves the right to change the prices of goods available in the Store, introduce new products for sale, carry out and cancel promotional activities, or make changes to them in accordance with the norms of the civil code and other regulations, provided that such changes do not violate the rights of persons who have entered into sales agreements for goods offered by the Store prior to the aforementioned changes or the rights of persons entitled to use a specific promotion, in accordance with its rules and during its duration.
3.5. Shipping costs are added to the total amount of ordered products and are borne by the Customer.
3.6. In the case of the Customer choosing the option of delivery via "Paczkomaty InPost," the delivery of Goods under this service will be carried out by InPost Sp. z o.o. after the Customer accepts the regulations of "Paczkomaty 24/7" prepared and provided by the service provider "Paczkomaty InPost," namely InPost Sp. z o.o. The Store will enable the Customer to familiarize themselves with the terms of service or "Paczkomaty 24/7" during the process of approving the Customer's choice of delivery method.
3.7. When receiving a package delivered by a courier, it is recommended that the Customer checks the condition of the outer packaging of the shipment in the presence of the courier. In case of damage to the packaging of the shipment, it is recommended that the Customer, together with the courier, draw up a damage protocol in two identical copies signed by the Customer and the courier. Failure to comply with the recommendations does not affect the possibility of filing a complaint with the Store.
3.8. Upon receiving the shipment, the Customer should check the condition of the package and, in case of any objections, choose the option regarding complaints and follow the displayed instructions. Failure to comply with the recommendations does not affect the possibility of filing a complaint with the Store.
4. ACCEPTABLE FORMS OF PAYMENT
4.1. Payments for goods to be delivered can be made using:
- Credit/debit card
- BLIK
- Przelewy 24 (instant bank transfers)
4.2. Refunds will be issued in the same form as the payment made by the Customer, unless the Customer explicitly agrees to a different refund method that does not incur any costs for them.
5. CLAIMS AND GOODS RETURNS
5.1 The customer has the right to withdraw from the contract without giving a reason and incurring costs. The contract from which the withdrawal has been made shall be considered as not concluded.
5.2 In the event of the intention to withdraw from the contract, the customer submits a written statement of withdrawal from the contract and sends it to the Store within 14 days from the date of receiving the goods, or if the goods are delivered in parts, from the delivery of the last part. Sending the statement before the deadline expires to the Store's address or a scanned signed statement to the store's email address, sklep@timidite.art, is sufficient to meet the deadline.
5.3 In the case referred to in paragraph 1, the customer is obliged to return the purchased goods immediately, no later than within 14 days from the date of withdrawal from the contract. Sending the goods before the deadline expires is sufficient to meet the deadline. The customer bears the cost of returning the goods.
5.4 In the case referred to in paragraph 2, the Store is obliged to refund the customer the amount paid for the goods subject to return and the shipping costs paid, no later than 14 days from the date of submitting the statement of withdrawal. However, if the customer has chosen a delivery method other than the cheapest method offered by the Store for the given order, the Store is not obliged to refund the additional costs incurred by the customer.
5.5 The Store shall make the payment refund using the same method as used by the customer unless the customer agrees with the Store on another method of refund that does not involve any costs for them. The Store shall withhold the refund of payments received from the customer until the goods are returned or until the customer provides proof of their return, whichever occurs first. The Store shall also make corrections to the previously provided purchase documents (corrective invoice or specification).
5.6 If the customer has sent a statement of withdrawal from the contract before receiving confirmation of order fulfillment, the order is canceled.
5.7 The customer is responsible for any decrease in the value of the goods resulting from using them in a manner exceeding what is necessary to establish the nature, characteristics, and functioning of the goods.
5.8 The provisions above do not apply to individual orders (custom orders) described in § 2 para. 16, and to products indicated in Annex No. 1 to these regulations (list of non-returnable products) which, based on Article 38 of the Consumer Rights Act, are not subject to return - The right of withdrawal from a contract concluded outside business premises or at a distance does not apply to the consumer in relation to contracts:
5.8.1 in which the subject of performance is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy their individual needs,
5.8.2 in which the subject of performance is an item delivered in a sealed package which, once opened, cannot be returned due to health protection or hygiene reasons if the packaging has been opened after delivery.
5.9 The customer has the right to lodge a complaint in the event of non-conformity of the goods with the contract. The complaint for this reason should be submitted in writing or by email within 2 years from the date of delivery of the goods. The correspondence address and email address are specified in § 1 para. 1 and § 5 para. 2. The complaint may include one of the following demands: price reduction, defect removal, exchange of the goods for defect-free ones, or withdrawal from the contract.
5.10 The Store may request the completion of the complaint by sending, to the address indicated in the request for complaint completion, a copy or scan of the purchase document (e.g., invoice or specification), the packaging of the shipment in which the complained goods were received, or the goods subject to the complaint. The complaint will be considered within 14 days from the date of its submission if it is complete or from the completion if it was required. The delivery of the goods to the Seller under the conditions specified in this paragraph is at the expense of the Store.
5.11 If the complaint is recognized as justified, the Store immediately informs the customer about it and, depending on the demand, either reduces the price or sends the customer a full-value replacement for the goods, and if such replacement is not possible, refunds the customer the due amount by postal order to the provided address or by bank transfer. The Store issues the customer with the appropriate correction of the purchase document (corrective invoice or specification).
5.12 The application of a specific out-of-court dispute resolution method is possible only with the mutual consent of the customer and the Store. Detailed procedures for out-of-court dispute resolution between the customer and the Store are available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl, on the websites of the Voivodship Trade Inspection Offices, as well as with the district (city) consumer ombudsmen.
5.13 In matters not regulated in these Regulations, the provisions of the Civil Code apply to determine the rights and obligations of the customer and the Store in the event of a defect in the goods, in particular the provisions on warranty for sale.
6. COOKIE FILES
6.1. The store does not automatically collect any information except for the information contained in cookie files.
6.2. Cookie files (so-called "cookies") are computer data, small pieces of information sent by a website and stored on the end device of the Client (computer, laptop, smartphone) necessary for the proper functioning of the website or functionalities that the Client wants to use. These files contain various information necessary for the proper functioning of the website, usually the name of the website, its customization, and login information.
6.3. The store uses cookie files to customize the content of the store's websites to the Client's preferences and optimize the use of the websites. They allow recognizing the Client's device and displaying a website tailored to his individual preferences, as well as creating statistics that will help understand the way the Client uses the Store and thus improving the structure and content of the Store.
6.4. The store divides stored cookie files based on the time they are placed on the Client's end device and distinguishes:
6.4.1. Temporary cookies (session cookies) - used only during the current Client's session and deleted after its closure.
6.4.2. Permanent cookies (persistent cookies) - not deleted after closing the current session and stored on the Client's computer for a designated time or without an expiration period depending on the individual settings of the website owner.
6.5. The Client can delete cookie files located on his computer at any time. The store informs that deleting, disabling, or limiting them may affect the proper functioning of the Store or some of its components.
6.6. The store also distinguishes cookie files in the following way:
6.6.1. Functional - enabling proper use of the Store;
6.6.2. Security - enabling secure use of Store functionalities;
6.6.3. Authentication - enabling maintenance of the Client's login session;
6.6.4. Advertising - enabling the display of personalized advertisements;
6.6.5. Configurational - enabling the configuration of Store function and service settings.
6.7. Detailed information on the possibilities and methods of handling cookie files is available in the software settings (internet browser).
6.8. Cookie files placed on the Client's end device by the Store and used can also be utilized by advertising partners and partners cooperating with the Store operator.
7. PAYMENT REFUNDS
7.1. The store shall refund the payment within 14 calendar days using the same payment methods used by the Customer in the original transaction, in the following cases:
7.1.1. cancellation of an order or part of an order (in such a case, a corresponding part of the price shall be refunded) paid in advance before its fulfillment;
7.1.2. return of a product (withdrawal from the contract) from an order that was delivered via Polish Post or a courier company;
7.1.3. acknowledgment of a complaint and impossibility to repair the damaged product or exchange it for a new one;
7.1.4. acknowledgment of the right to request a reduction in the price of the product.
7.2. The store shall refund the money to the Customer's bank account (including the one linked to the Customer's credit or debit card).
8. FINAL PROVISIONS
8.1. The Owner informs, and the Client acknowledges, that using the Internet may entail risks such as damage that the Client may incur due to threats present on the Internet, especially hacking into the Client's computer system, third-party password theft, and infecting the Client's computer system with viruses.
8.2. To the fullest extent permitted by law, the Shop shall not be liable for the blocking by mail server administrators of sending messages to the email address specified by the Client or for the deletion and blocking of emails by software installed on the computer used by the Client.
8.3. Differences between the visualization of the product resulting from individual computer settings of the Client (color, proportions, etc.) and the actual appearance of the product cannot be the basis for a complaint. In such a case, the Client has the right to withdraw from the contract in accordance with the provisions of point V of these Regulations.
8.4. The Owner informs that all trademarks (logos, logotypes, brand names, etc.), graphic materials, and photos posted on the Shop's websites are legally protected and used by the Shop solely for informational purposes.
8.5. All product names offered for sale by the Shop are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law.
8.6. The Owner emphasizes that the Shop contains content protected by intellectual property rights, especially works protected by copyright (content posted in the Shop, graphic design, graphics, photos, etc.). Clients and visitors to the Shop are obliged to respect intellectual property rights (including copyright and industrial property rights such as rights arising from the registration of trademarks) belonging to the Owner and third parties. The Shop's Client or website visitor bears sole responsibility for non-compliance with the provisions of this point.
8.7. Clients may not post content that violates applicable law, is immoral, or infringes upon the rights of third parties. Clients are also prohibited from publishing links to pornographic, obscene, or insulting materials.
8.8. The Shop undertakes to inform registered users of the Shop about any changes to the regulations by sending them an electronic message to the email addresses provided during registration, and the Client, upon receiving such information, may delete their account at any time.
8.9. Matters not regulated in the Regulations are subject to the applicable provisions of Polish law, in particular the Civil Code, the Act on specific terms and conditions of consumer sales and amendments to the Civil Code, as well as the Act on consumer rights and liability for damage caused by a dangerous product.
8.10. These Regulations shall enter into force on: March 11, 2024.
Out-of-Court Dispute Resolution Notice:
In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes), the Foundation for Entrepreneurship Development "Your Startup" with its registered office in Warsaw hereby provides an electronic link to the online ODR platform (online dispute resolution): https://webgate.ec.europa.eu/odr. The ODR platform enables out-of-court resolution of disputes between entrepreneurs and consumers. Dispute resolution by this method is voluntary.
FINAL PROVISIONS
8.1. The Owner informs, and the Client acknowledges, that using the Internet may entail risks such as damage that the Client may incur due to threats present on the Internet, especially hacking into the Client's computer system, third-party password theft, and infecting the Client's computer system with viruses.
8.2. To the fullest extent permitted by law, the Shop shall not be liable for the blocking by mail server administrators of sending messages to the email address specified by the Client or for the deletion and blocking of emails by software installed on the computer used by the Client.
8.3. Differences between the visualization of the product resulting from individual computer settings of the Client (color, proportions, etc.) and the actual appearance of the product cannot be the basis for a complaint. In such a case, the Client has the right to withdraw from the contract in accordance with the provisions of point V of these Regulations.
8.4. The Owner informs that all trademarks (logos, logotypes, brand names, etc.), graphic materials, and photos posted on the Shop's websites are legally protected and used by the Shop solely for informational purposes.
8.5. All product names offered for sale by the Shop are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law.
8.6. The Owner emphasizes that the Shop contains content protected by intellectual property rights, especially works protected by copyright (content posted in the Shop, graphic design, graphics, photos, etc.). Clients and visitors to the Shop are obliged to respect intellectual property rights (including copyright and industrial property rights such as rights arising from the registration of trademarks) belonging to the Owner and third parties. The Shop's Client or website visitor bears sole responsibility for non-compliance with the provisions of this point.
8.7. Clients may not post content that violates applicable law, is immoral, or infringes upon the rights of third parties. Clients are also prohibited from publishing links to pornographic, obscene, or insulting materials.
8.8. The Shop undertakes to inform registered users of the Shop about any changes to the regulations by sending them an electronic message to the email addresses provided during registration, and the Client, upon receiving such information, may delete their account at any time.
8.9. Matters not regulated in the Regulations are subject to the applicable provisions of Polish law, in particular the Civil Code, the Act on specific terms and conditions of consumer sales and amendments to the Civil Code, as well as the Act on consumer rights and liability for damage caused by a dangerous product.
8.10. These Regulations shall enter into force on: March 11, 2024.
Out-of-Court Dispute Resolution Notice:
In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes), the Foundation for Entrepreneurship Development "Your Startup" with its registered office in Warsaw hereby provides an electronic link to the online ODR platform (online dispute resolution): https://webgate.ec.europa.eu/odr. The ODR platform enables out-of-court resolution of disputes between entrepreneurs and consumers. Dispute resolution by this method is voluntary.