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TERMS OF USE
TERMS OF USE

ONLINE SHOP TERMS OF USE AND PRIVACY POLICY

www.shop.pat-guzik.com

Contact with our online shop:

pat.guzik@gmail.com

 

§ 1. General Provisions



  1. The Terms of Use, hereinafter referred to as “Terms of use”, set forth the principles of use of the online shop located at the URL: www.sklep.pat-guzik.com, hereinafter referred to as the "Shop" or „Seller”.

     

  2. The Shop is operated by Patrycja Guzik conducting economic activity under the name of PAT GUZIK Patrycja Guzik with its registered office at: 32-310 Klucze, ul. Studzienna 8a, NIP (Taxpayer Identification Number): 6372160217, REGON: 122618100.

     

  3. The Shop mailing address and contact details: website – http://www.shop.pat-guzik.com/

     

  4. You should read these Terms of use prior to using the website

     

  5. To use the Shop, the Customer must have an active and properly functioning e-mail account.

     

  6. The Shop sells clothes and accessories at a distance over the Internet

     

  7. The goods on sale are new, not used.

     

 

§ 2. Definitions

The terms used in the Terms of Use shall have the meanings as defined below:



1. Shop – the online shop operating at the web address: http://www.shop.pat-guzik.com/

2. Customer – anyone making a purchase at the online shop, and anyone who has given their consent to receive the Newsletter.

3. Controller – the person who determines the objectives and methods of processing of the Customers' personal data, in this case Patrycja Guzik as the Shop owner.

4. Newsletter – a service provided by the online shop to those Users, who have given their consent to receive our newsletter; the service involves sending information about the online shop.

5. Consumer – a natural person, who enters into a legal transaction with an entrepreneur, not directly connected with their business or professional activity.

7. Entrepreneur – a natural person, legal person or unincorporated organization (without legal personality), entering into legal transactions on its own behalf within its business activity or professional activity.

8. Working days – days of the week, from Monday to Friday, except for statutory holidays.

9.  Terms of Use – this document, setting out the terms and conditions of use of the online shop and of the Shop's privacy policy.

 

§ 3. Technical requirements

  1. For the proper and uninterrupted use of the Shop, the Customer's workstation (computer) should meet the following recommended technical requirements:  

     

    1. internet connection bandwidth of 1Mbps or faster, 

       

    2. Pentium 4 CPU or newer, 

       

    3. minimum 512 MB of RAM,

       

    4. operating system: Windows XP SP2, Windows Vista, Windows 7, Windows 8.x, Mac OS X or Linux; 

       

    5. cookies accepted.

       

  2. The Shop shall not be obliged to provide any of the above hardware and/or software.

     

3. The installation of the software referred to in Clauses 1 and 2 is subject to a separate licence agreement between the Customer and the licensor.

  1. The Shop hereby notifies Users that the services offered through the Shop shall be provided via the public internet. Therefore, the Shop would like to draw the Users' attention to the fact that using the Shop's services might involve the risk of interference by third parties with the transmission of data sent through the Internet between the Shop and the User.

     

§ 4. Privacy policy



  1. The Customers' personal data Controller is Patrycja Guzik who conducts economic activity under the name of PAT GUZIK Patrycja Guzik, postal address: 31-071 Kraków, ul. Kordeckiego 7/8, e-mail address: pat.guzik@gmail.com

     

  2. The Controller processes personal data in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 r. on the protection of natural persons regarding the processing of their personal data and on the free movement of such data, and to the repealing Directive 95/46/EC (GDPR). The Controller has taken appropriate technical and organisational measures to ensure an appropriate level of security in relation to the risks of infringing the rights or freedoms of Customers who are natural persons.

     

  3. Only personal data voluntarily provided by the Customer is collected.

     

  4. The data is processed in order to perform the provisions of the Sale Agreement, in particular to:

     

a) conclude an agreement for the sale of goods ordered,

b) confirm the conclusion of the sale agreement,

c) deliver the ordered goods to the Customer,

d) issue a document confirming the sale of goods transaction,

e) contact current customers to manage their order.

The above data processing shall be carried out in accordance with article 6 paragraph 1 b) of the GPDR.

  1. The Controller shall process the Customer's data to the extent that it is necessary in order to fulfil its legal obligations, in particular:

     

a) the archiving of financial documents arising from the concluded agreement, for a period of limitations on tax liabilities.

b) the handling of complaints and any legal measures to which the Customer is entitled in relation to the concluded agreement, for the duration of these entitlements and one year after they expire.

The above data processing shall be carried out in accordance with article 6 paragraph 1 c) of the GPDR.

  1. The Controller shall process the Customer's data for the purposes of its legitimate interests including: 

     

a) direct marketing in the form of presenting the Shop's commercial offers and other marketing information related to the Shop to the Customer (sending commercial information in electronic form and using communication terminal equipment and automated call systems is only possible with the Customer's consent), until the Customer submits an objection to the processing of his/her personal data or withdraws his/her consent, whichever occurs first,

b) storing of personal data and documentation related to the agreement concluded by the Customer for a limited period in the Customer database for the purpose of civil law claims which may arise from the agreement,

c) seeking redress in relation to the concluded agreement, until proceedings in relevant courts and institutions are lawfully completed, including enforcement proceedings,

d) running statistical analysis of the Shop's operations and agreements, which enables the Shop to improve its operation, as long as the Controller has other additional lawful reasons for the data processing – if these additional reasons are no longer applicable, the data shall be anonymized.

The above data processing shall be carried out in accordance with article 6 paragraph 1 f) of the GPDR.

  1. If subscribing to the newsletter, it is only necessary to provide an e-mail address to which commercial information from the Controller shall be sent. The Customer may withdraw consent to receiving such information at any time, by clicking on the link to cancel the subscription that can be found in the footnote of each newsletter.

     

  2. Data provided when placing an order is also processed by the following operators dealing with deliveries: DPD Polska sp. z o.o. with its registered office in Warszawa, Poczta Polska S.A. with its registered office in Warszawa (depending on the Customer's choice). Processed data includes: name and surname, telephone number, e-mail address and address provided for delivery purposes. They are given to the above companies in the form of a shipping label which also acts as a delivery order.

     

  3. The Customer has the right to access his/her personal data, correct it and transmit it. Detailed information about this can be found in article 16, article 19 and article 20 of GPDR, available at the address: https://eurlex.europa.eu/legalcontent/PL/TXT/?uri=CELEX%3A32016R0679.

     

  4. The Customer has the right to request deletion of his/her personal data from the Controller's database („right to be forgotten”), in particular when one of the following applies:

     

a) the personal data is no longer needed for the purposes, for which it was collected or otherwise processed,

b) the Customer's personal data was processed only on the basis of his/her consent, and the Customer has withdrawn this consent,

c) personal data has been unlawfully processed

Detailed information about this can be found in article 17 of GPDR, available at the address:: https://eurlex.europa.eu/legalcontent/PL/TXT/?uri=CELEX%3A32016R0679.

  1. The Customer has the right to obtain a restriction of the data processing from the controller where one of the following applies:

     

a) the accuracy of the personal data is contested by the Customer, for a period enabling the controller to verify the accuracy of the personal data,

b) the processing is unlawful and the Customer opposes the erasure of the personal data and requests a restriction of its use instead,

c) the Controller no longer needs the personal data for processing purposes , but it is required by the Customer for the establishment of, exercise of or defence of legal claims,

d) the Customer has objected to the processing in accordance with Article 4 (12) of these Terms of Use pending verification of whether the legitimate grounds of the controller override those of the data subject.

  1. Where the processing of personal data is based on the legitimate interests pursued by the Controller, the Customer has the right to object at any time, on grounds relating to his/her particular situation. After the objection is submitted, the Controller can no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment of, exercise of or defence of legal claims.

     

  2. Where personal data is processed for direct marketing purposes, the Customer shall have the right to object to the processing of personal data concerning him/her for such marketing at any time. This includes profiling to the extent that it is related to such direct marketing.

     

  3. The Customer can send his/her request for the execution of his/her rights referred to in § 4. 9-13 by e-mail or post to the addresses indicated in § 4 .1 and § 1.3. 

     

  4. The Controller will inform the Customer of the action taken on the request without undue delay – and in any event within one month of receipt of the request. That period may be extended by two further months, depending on the complexity and number of the requests. The Controller will inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by means of an electronic form, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.

     

  5. The Customer has the right to lodge a complaint to the President of the Office for Personal Data Protection, if in his/her opinion the data processing infringes the GPDR.

     

  6. The Customer's data may be transmitted to the subjects that provide the Controller with accounting, IT, hosting, marketing and e-mail services, as well CRM (Customer Relations Management) services.

     

  7. The Controller informs the Customer that he/she has no obligation to provide his/her personal data, however refusal to provide such data will make it impossible to properly provide the Customer with the services set forth in these Terms of Use and to execute the agreement concluded between the Shop and the Customer.

     

  8. For the proper functioning of the service and to supply services of the highest possible quality, the online shop software uses so-called „cookies”. When the Customer visits the Shop, the system sends at least one cookie file to the Customer's computer in order to unambiguously identify the browser. The Shop’s server automatically registers information sent by the Customer's browser when displaying the website. Server logs may include such information as network request, IP address, browser type and language, date and time of sending a request. This information allows us to improve the quality of our services through identifying and storing Customers' preferences and tracking trends, such as the ways in which our website is searched.

     

  9. „Cookies” are pieces of digital data, particularly text files, stored on users’ terminal devices, and are intended for use on the website. These files allow a website to recognize the User's device and show him/her the website adapted to his/her individual preferences. „Cookies” usually contain the name of the website from which they come, the period for which they are stored on the terminal device, and a unique number. „Cookies” files are used to adapt the content of websites to the User's preferences, to make services easier to use and to optimize the use of websites. They are also used to create statistics, excluding the personal identification of the user, which makes it possible to improve the website's structure and content.

     

  10. If you browse this website without changing your cookie settings, cookies will be sent to the user's terminal device. The Customer may refuse to receive cookie files, thereby remaining anonymous, however as a result of the refusal to register cookies, the Shop will not be able to identify the Customer or his/her preferences. Detailed information about cookies can be found in the Cookie Policy available in the Cookies tab. The Customer can change the cookie settings at any time.

     

  11. At sklep.pat-guzik.com the following types of „cookie” files are used: a) persistent „cookies” – files which are stored on the user's device for a period of time, specified by parameters in the cookie file, or until they are deleted by the Customer, b) session cookies – temporary files which are stored on the user's device until the Customer logs out or switches off the software (internet browser)

     

  12. „Cookie” files used by integrated partners of the online shop, including in particular website users, are subject to their own privacy policy (e.g. Google).

     

  13. Information about the rules and ways of recording, securing and making the content of the concluded agreement available to the other party:

     

    1. the content of the agreement will be recorded, secured and made available by sending an appropriate email after entering into the Sale Agreement;

       

    2. the content of the agreement will be recorded, secured and made available by sending the text of the concluded agreement to the email address provided by the Customer or by providing the Customer with the Order Specification and sale confirmation;

       

    3. the text of the concluded agreement will also be recorded and secured in the Shop's IT system and made available to the Customer on request.

       

§5. Rules for making purchases

1. Information provided on the Shop's website, including information about the products offered, in particular their descriptions, technical and operational parameters and prices constitute an invitation to enter into a contract, within the meaning of art. 71 of the Civil Code (consolidated text „Journal of Laws” 2018, item 1025 as amended).

2. To place an order, the Customer should indicate the product which he/she intends to buy – adding it to the basket. In the basket, there should be a minimum of 1 item. When the Customer selects the „Place an Order” option, available in the basket, he/she will be directed to a form. Completion of this form enables the order to be placed. The data provided in the form enables the Customer's identification. To place the order, the Customer must click on the „Place an order and pay” button. The order constitutes an invitation to enter into a contract within the meaning of art. 66 § 1 of the Civil Code.

3. Completing the form referred to in § 5.2 above, requires the following data to be provided:

a) first name and surname,

b) e-mail address,

c) telephone number,

d) delivery address.

4. To submit the order, you must read and accept these Terms of Use.

5. All prices on the Shop's web pages are given in Polish zloty.

6. When the order is submitted, the Customer receives the order confirmation, which constitutes confirmation by the Shop that the invitation to enter into a contract has been received, within the meaning of art. 661 § 1 of the Civil Code.

7. The Sale Agreement is concluded after the Shop receives the Customer's invitation, and:

a) the order confirmation will be sent by e-mail within 2 days of the Customer placing the order.

b) when any of the ordered goods is unavailable, the Customer will be informed immediately. The Customer can decide, if the order should be fulfilled in part or cancelled completely.

8. The Customer and the Shop are bound by the Product price valid at the time of placing the order.

9. The Shop accepts the following payment methods:

a) Bank transfer – payment to the Seller's bank account (account number: BZWBK 12109016650000000136338639)

b) online payment – payment by credit card or debit card serviced by Blue Media S.A. with its registered office in Sopot, payment serviced by the Shoplo platform, payment serviced by Pay Pal, payment serviced by Blik.

10. The ordered goods are sent by post or by courier agency (at the Customer’s discretion).

11. The cost of shipment sent via the DPD courier agency is PLN 15. The cost of shipment sent via Poczta Polska is 10 PLN.

12. Delivery time is from 2 to 5 days, depending on the chosen option. When the payment is made by card, the order execution time is 2-5 days from the moment of card authorisation, and for online payments – from 2 to 5 days from the moment when the payment has been credited to our account.

13. The Product is sent together with an invoice confirming the purchase. At the Customer's request, a VAT invoice is issued within 7 days of the date of crediting the bank account. The Customer is obliged to provide full information necessary for issuing a correct VAT invoice: first name and surname / company name, address / registered office, NIP number (for businesses), PESEL number (for individuals). The Seller is legally exempt from VAT in accordance with article 43.1.9 of the Act of 11 March 2004 on taxes on goods and services (Journal of Laws 20017, item 1221 as amended)

 

14. Other information about the operation of the Service as well as commercial information about new products, services or promotions, will be sent only to those Customers who have given their consent.

§ 6. Products

1. All Products sold in the Shop are brand new and original. The Seller undertakes to deliver the ordered goods to the Customer, free from defects.

2. The online shop presents all relevant information about the product, including its price on its website. 

3. The products shown in the pictures on the Shop’s webpages may differ slightly from the goods which are sent to the Customer. This may be due to the way the producer packs the product as well as the photography techniques used.

§ 7. Withdrawal from the agreement without giving a reason

1. According to the Consumer Rights Act of 30 May 2014 (consolidated text Journal of Laws 2017, item 683), the Buyer, being a Consumer, has the right to withdraw from the agreement concluded with the Seller without giving a reason, by submitting a notice of withdrawal within 14 days of the date of receipt of the product ordered by the Customer or by a third party authorised by him/her (not being a carrier). 

2. To observe the 14-day deadline, referred to in clause 1, it is sufficient to send the notice of withdrawal before the deadline expires. A model notice of withdrawal from the agreement is appended to these Terms of Use and can be found at the URL: http://www.shop.pat-guzik.com/strona/zamowienia-i-zwrot. The Customer can, but is not obliged to, use this model notice of withdrawal.

3. The notice of withdrawal can be sent by email to the address: pat.guzik@gmail.com

4. If the Customer submits the notice of withdrawal before he/she gets an email from the Seller confirming the offer, the invitation to enter into the contract (the offer) made by the Customer will not be binding.

5. In the event of withdrawal from the agreement, the Customer is obliged to return the goods to the address: Pat Guzik ul Kordeckiego 7/8 31-071 Kraków.

6. The Customer is obliged to return the goods to the Seller immediately, but no later than 14 days from the date of withdrawal from the agreement. To observe the deadline, it is sufficient to send the goods back before the deadline expires.

7. If the Customer exercises his/her right referred to in clause 1, the costs of returning the goods will be incurred by the Customer.

8. If the Customer has used the goods in a manner that went beyond that necessary to find out about their character, features and operation, the Customer will be liable for the decreased value of the goods. For example, a Customer, who has submitted a notice of withdrawal based on § 7.1 of the Terms of Use, after trying on clothes purchased will not be liable for a possible decrease in their value as a result of trying them on. However, if the Customer has not only tried the purchased clothes on but also has worn them before submitting the notice of withdrawal, he/she will be liable for a possible decrease in their value as a result of wearing them or of the damage caused by wearing them.

9. To speed up the procedure, the proof of purchase (VAT invoice or receipt) should be attached to the returned goods.

10. The goods to be returned should be packed in a way that protects them against transport damage.

11. The Shop will refund the amounts paid, including the price of the goods and shipment costs, no later than within 14 days of receipt of the notice of withdrawal from the agreement. If the Customer chooses a method of shipment other than the cheapest usual method offered by the Seller, the Seller will not be obliged to refund the additional costs incurred by the Customer.

12. The Seller may suspend the refund until receipt of the returned item or presentation by the Customer of proof confirming the return of the goods, whichever occurs earlier.

13. The Shop will make the refund using the same method of payment as the Customer, unless the Customer has expressly agreed to another form of refund that generates no costs on his/her part.

§ 8. Complaints handling procedure

1. Where the Product purchased does not comply with the agreement, the Customer can exercise his/her rights arising from the provisions of the Civil Code.



2. Complaints about the ordered Products can be submitted by email to the address: pat.guzik@gmail.com

3. To make it easier to submit complaints, a model complaint form with data enabling the identification of the transaction can be found at the URL address: sklep.pat-guzik.com. Use of this form is voluntary.

4. A complaint should include in particular the following data: Customer's first name and surname, address, order number, transaction date, subject and reason for the complaint.

5. If the product sold is faulty, the Customer can require it to be repaired or replaced with a product free from defects. The Shop is obliged to replace the faulty product with one free from defects or to have it repaired within a reasonable time, without excessive inconvenience for the Customer. The Shop can refuse to grant the Customer's request, if restoring the faulty product to the condition stipulated by agreement in the way chosen by the Customer is not feasible or entails excessive expense, compared with other possible ways of restoring the product to the condition stipulated by agreement. If the Customer is an Entrepreneur, the Shop may also refuse to replace the product with one free from defects or to repair it when the costs of fulfilling this obligation exceed the price of the product sold.

6. If the product is faulty, the Customer may submit a notice of price reduction or a notice of withdrawal from the agreement, unless the Shop immediately and without excessive inconvenience for the Customer replaces the faulty product with one free from defects or repairs it. This restriction does not apply, if the product has already been replaced or repaired by the Shop, or if the Shop did not fulfil its obligation to replace or repair the faulty product. The reduced price should be in the same proportion to the price indicated in the agreement as the value of the faulty product is to the value of product without defects. The Customer cannot withdraw from the agreement, if the fault is trivial.

7. If the Customer is a Consumer, he/she may require the product to be replaced with one free from defects instead of having it repaired, as offered by the Shop, or require the product to be repaired instead of replaced, unless restoring the product to the condition stipulated by agreement in the way chosen by the Customer is not feasible or requires excessive costs, compared to the solution suggested by the Shop. The definition of excessive costs will depend on the value of the product without defects, the type and seriousness of the defect, as well as the inconvenience for the Customer, if his/her claim were satisfied in a different way.

8. If the Customer as a consumer requires the product to be replaced or repaired, or has submitted a notice of price reduction, where he/she has indicated the amount by which the price should be reduced, and the Shop does not consider the notice within fourteen days, the Customer's request will be deemed justified.

9. The Customer will be notified about the decision within fourteen days, via email or post to the address that he/she used to make the complaint, unless the Customer indicates a different address for correspondence.

10. The above provisions do not exclude the Customer's right to exercise his/her rights in accordance with binding provisions of law. The Customer, being a consumer may use an out-of-court complaints handling procedure to defend his/her claims, according to the principles presented on the website: www.uokik.gov.pl in the „out-of-court dispute settlement” tab, available at the address:www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php" class="redactor-autoparser-object">https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

11. The Customer who is a consumer, in deciding to use an out-of-court complaints and claims handling procedure, may in particular turn to the following:

a) The Permanent Consumer Court of Arbitration, referred to in art. 37 of the Act of 15 December 2000 concerning Trade Inspection (Journal of Laws of 2001 No 4 item 25 as amended), with a request to settle the dispute arising from the concluded Sale Agreement.

b) The Voivodship Inspector of the Trade Inspection, according to art. 36 of the Act of 15 December 2000 r. concerning Trade Inspection (Journal of Laws of 2001 No 4, item 25 as amended), with a request to initiate a mediation procedure to settle the dispute between the Customer and the Seller amicably.

12. , A platform for online dispute resolution between consumers and entrepreneurs at the EU level is available (the ODR platform) at the address: www.ec.europa.eu/consumers/odr. The ODR is an interactive multilanguage internet website offering a comprehensive service to consumers and entrepreneurs who seek out-of-court dispute resolution, when the dispute arises from contractual obligations stipulated by agreements concluded online or from contracts for services.

§ 9. Final provisions

1. The owner of the Service reserves the right to change the provisions of these Terms of Use.  



2. If any changes are made to these Terms of Use, the Shop will inform Users about the changes introduced and the date when they come into force, by publishing a consolidated text on the website:  http://www.shop.pat-guzik.com/

3. Orders placed before the new Terms of Use come into force, are subject to the provisions of the previously binding Terms of Use, unless the provisions of the new Terms of Use are more advantageous for the Customer. The Consumer accepts the changes in the Terms of Use by using the Shop after the date when these changes come into force. If the Customer does not accept these changes to the Terms of Use, he/she can decide to stop using the Shop.

4. If any of the provisions of these Terms of Use are changed or determined to be invalid by a legally binding court judgement, the remaining provisions will remain in force and binding.

5. The Administrator of http://www.shop.pat-guzik.com  reserves the possibility of interruptions to the operation of the Shop's website – due to maintenance, reconstruction or modernization of the Shop. The Shop will place appropriate information on the Shop website: http://www.shop.pat-guzik.com/ stating the estimated period of limited access to the website. The Shop will endeavour to ensure that technical breaks happen as rarely as possible, and that they cause the least inconvenience to Customers.

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