UWAGA PROMOCJA!!! 24-31.03 - do każdego hobby horse (standardowy i realistyczny) dodajemy NOWE ogłowie HACKAMORE w gratisie. Wpisz w komentarz do zamówienia: "OGŁOWIE", aby otrzymać GRATIS

ONLINE STORE REGULATIONS
KHT ARIA SHOP

GENERAL PROVISIONS

  1. The online store KHT ARIA SHOP, operating at: www.khtaria.shop, is managed by Agnieszka Zaręba-Pliszko, with its registered office at: ul. Energetyków 24 lok. 1, operating under NIP: 7742723217, REGON: 060467323 (hereinafter referred to as "KHT ARIA SHOP").
  2. These Online Store Regulations set out the rules for making purchases in the KHT ARIA SHOP online store, in particular the principles and procedures for concluding distance sales contracts via the Store, as well as the complaint procedure and the procedure for withdrawal from the contract by the Consumer.
  3. In the scope of services provided electronically, these Regulations constitute the regulations referred to in Article 9 of the Act on the Provision of Electronic Services of July 18, 2002 (i.e., Journal of Laws of 2020, item 344, as amended).
  4. The Regulations are addressed to all Customers of the Store. All Customers are required to read the provisions of the Regulations before making a purchase.
  5. Each Customer is obliged to comply with the provisions of the Regulations. Sales are conducted based on the version of the Regulations in force at the time of placing an order.
  6. Every Customer can access the Regulations at any time by clicking on the "Store Regulations" hyperlink on the Store's website at www.khtaria.shop. The Regulations can be downloaded and printed at any time.
  7. The prices of all products visible on the KHT ARIA SHOP online store pages are gross prices (including VAT) and are expressed in Polish zlotys. Any deviations from the Polish currency principle are explicitly marked. If Poland legally joins the so-called Eurozone, prices on the KHT ARIA SHOP online store pages will be expressed in both Polish zlotys and euros during the transition period, and after its termination, in euros. In case of any doubts regarding whether a product's price is expressed in Polish zlotys or euros, until Poland legally joins the Eurozone, and in the absence of an explicit indication that the price is in euros, it should be understood that the price is in Polish zlotys.
  8. The price specified for each product remains valid until stock depletion.
  9. The prices shown for each product do not include shipping costs.
  10. The Seller reserves the right to change the prices of goods presented on the KHT ARIA SHOP online store website, post information about new products, conduct and cancel promotional campaigns on the Store's pages, or introduce changes to them.
  11. The Seller undertakes to comply with Directive (EU) 2019/2161 of the European Parliament and of the Council of November 27, 2019, amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC, and 2011/83/EU of the European Parliament and of the Council concerning better enforcement and modernization of Union consumer protection rules, within its applicable scope. Accordingly, the Seller undertakes to place, directly next to the price of each offered product, visible information about the lowest price of the given product within the last 30 days before the sale of the product began. The Seller will make every effort to ensure that the products presented on the KHT ARIA SHOP online store website match the Seller's current stock levels. If any or all of the ordered goods are unavailable, the Seller will immediately notify the Buyer. The Seller may release themselves from the obligation by providing an alternative product of the same quality and purpose at the same price, informing the Buyer in writing of their right to refuse this replacement and withdraw from the contract, returning the goods at the Seller's expense (Article 12(3) of the Act of March 2, 2000, on the protection of certain consumer rights and liability for damage caused by a dangerous product, Journal of Laws No. 22, item 271). If the Seller is unable to fulfill the order due to product unavailability, they will promptly notify the Buyer, no later than thirty days from the contract conclusion date (pursuant to § 2(3) of these Regulations), and refund the entire amount received from the Buyer.
  12. In the case of promotional sales and clearance sales with a limited number of goods, order placement or fulfillment will take place according to the order of confirmed purchase requests until the stock designated for this type of sale is exhausted. In the case mentioned in this paragraph, the Seller reserves the right to determine a different order of transaction conclusion or fulfillment, as well as the right to introduce other specific conditions for concluding or fulfilling transactions. The Seller will inform about any deviations from the general principle mentioned in the second sentence of this paragraph on the Store's website.
  13. All information on the Store's website www.khtaria.shop regarding products (including prices) does not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964 (i.e., Journal of Laws of 2019, item 1145, as amended) but an invitation to conclude a contract under Article 71 of the Civil Code of April 23, 1964 (i.e., Journal of Laws of 2020, item 1740, as amended). By submitting an Order Form, the Customer submits an offer to purchase the specified Product at the price and under the conditions specified in the description.

DEFINITIONS

Regulations – these rules governing the use of the Store’s Services by Customers.

Consumer (contracts concluded before January 1, 2021) – an individual who enters into a civil law contract via the Store, which is not directly related to their business or professional activity.

Consumer (contracts concluded from January 1, 2021) – for the purposes of these Regulations, the term “Consumer” shall mean the following persons:

  • an individual who enters into a civil law contract via the Store, not directly related to their business or professional activity – the so-called “Consumer in the strict sense”; and
  • an individual who enters into a civil law contract via the Store, which is directly connected with their business activity, provided that the terms of the contract indicate that it does not have a professional character for that person (in particular as a result of the subject of the business activity disclosed pursuant to the provisions on the Central Register and Information on Economic Activity) – the so-called “Entrepreneur as Consumer.”

For the purposes of these Regulations, in the absence of a distinction between the aforementioned two groups, the Regulations shall apply to both Consumers in the strict sense and Entrepreneurs as Consumers.

Customer – an individual (including a Consumer) who is at least 13 years old (provided they have obtained the consent of their legal representative), a legal entity, or an organizational unit without legal personality (to which special regulations grant legal capacity) who uses the Services provided by the Store.

Order Form – a service available on the Store’s website through which the Customer can make a purchase, in particular by adding Products to the Cart and specifying certain conditions of the Sales Contract, including the method of delivery and payment.

Cart – a component of the Store in which the Products selected by the Customer are displayed and in which the Customer can set and modify the details of the Order, including the quantity of the Products to be purchased.

Store – the online service owned by the Seller, available under the domain www.khtaria.shop, through which the Customer can purchase Products from the Seller.

Seller – Agnieszka Zaręba-Pliszko, with registered office at ul. Energetyków 24 lok. 1, NIP: 7742723217, REGON: 060467323, who, by conducting profit-making or professional activity, offers Products for sale via her website.

Product – a movable item or handcrafted good which is the subject of transactions between the Store and the Customer, the terms of sale of which are specified in the Order Form.

Sales Contract – a distance sales contract for Products concluded by the Customer via the Store, usually through the Order Form.

 

§1
ORDER ACCEPTANCE AND FULFILLMENT

  1. A condition for using the Store is that the Customer becomes familiar with these Regulations and accepts them. By placing an order, the Customer accepts the content of the Regulations.
  2. Orders from Customers are accepted via the submitted Order Form, either through the website www.khtaria.shopor by email at office@khtaria.shop, available 7 days a week, 24 hours a day.
  3. To place an order for Products, the Customer must select the Products they are interested in, click the “ADD TO CART” button located next to the Product description, then, from within the “CART” section of the Store, complete the Order Form (including choosing the delivery and payment method or selecting the cash-on-delivery option, if available for the selected Product), and finally click the purchase confirmation.
  4. When placing an order, the Customer is obliged to provide accurate personal details: first and last name, precise delivery address, email address, and mobile phone number or, in the case of legal entities, organizational units, or Entrepreneurs as Consumers, any other data that enables the identification of the Customer and ensures the correct delivery of the Product.
  5. Entrepreneurs considered as “Entrepreneurs as Consumers” (see the definition of “Consumer” in these Regulations) who conclude contracts from January 1, 2021, onward must indicate at the time of placing the order that the purchase is not of a professional nature.
  6. After placing an order, the Customer will receive an order confirmation sent to the email address provided in the Order Form.
  7. Upon the Customer’s receipt of the confirmation of the acceptance of the offer, the Seller will begin the order fulfillment process, whereby:
    • in the case of an order payable on delivery, fulfillment will commence no later than the next business day after the Seller’s confirmation; and
    • in the case of an order payable by traditional bank transfer, fulfillment will commence once the payment for the order has been credited to the Store’s bank account.
  8. The Customer will receive a notification that the order has been accepted for processing, which shall be understood as the Seller’s declaration of acceptance of the offer. The distance Sales Contract, concluded outside the business premises, is established at the moment the Customer receives this confirmation. This confirmation includes the information referred to in Article 12(1) of the Act of May 30, 2014 – on Consumer Rights (as amended, Journal of Laws of 2017, item 683).
  9. The information contained in the confirmation referred to in §2, paragraph 4 of these Regulations constitutes an integral part of the distance contract concluded outside the business premises and may only be amended by explicit agreement of the parties. A VAT receipt is issued for each order. Upon the Customer’s request, a VAT invoice will also be provided.
  10. The means available for communication between the Customer and the Store are:
  • Email: office@khtaria.shop
  • Telephone: 533663306; 665370653
  • Correspondence Address: ul. Energetyków 24 lok. 1, 20-468 Lublin
  • Workshop Address: ul. Energetyków 24 lok. 1, 20-468 Lublin
  1. The price specified in the order represents the total amount the Customer is obliged to pay (gross price). This price includes the applicable tax.
  2. If the Customer is required to pay an amount exceeding the agreed price described in the previous paragraph, the Store will immediately inform the Customer of this fact, explaining the reason for the price difference. The Customer will only be charged additional costs after obtaining the Customer’s explicit consent.

§2
PAYMENT PROCESSING

  1. The following payment methods are available within the operation of the Store:
    • Cash on Delivery – payment upon receipt of the package;
    • Bank Transfer – to the bank account: 17105019531000009283642206;
    • PayPal, Visa, Mastercard, Przelewy 24
  2. A Customer who has chosen the bank transfer payment option is obliged to make the payment for the order within five (5) business days from the date the order is placed. Otherwise, the Seller’s offer will no longer be binding and the order will be removed from the system. When making the payment, it is sufficient to include only the order number in the payment title. It is possible to extend the payment deadline provided that the Store’s customer service is informed in advance.

 

§3
DELIVERY

  1. The ordered products are delivered exclusively within the territory of the Republic of Poland. If any deviation from this rule occurs, it will be clearly indicated on the Store’s website.
  2. Orders placed in the Store are processed during the Store’s business hours (on business days, from Monday to Friday, between 8:00 and 16:00). Orders placed on business days after 16:00, as well as on Saturdays, Sundays, or public holidays, will be processed on the next business day.
  3. Product delivery is carried out via an insured shipment in cooperation with the courier company selected by the Seller. The Seller reserves the right to change the courier company, even after concluding a contract with the Customer.
  4. At the moment the product is handed over to the courier company, the Customer will be notified by an SMS sent to the phone number provided in the order. The Customer can track the status of the order via the “My Account” page, which is an integral part of the KHT ARIA SHOP online store, as well as through the link contained in the order confirmation email.
  5. The Customer may also collect the ordered product in person at the headquarters of KHT ARIA SHOP. In the case of personal collection, the Buyer does not incur any delivery charges.
  6. For orders with the cash on delivery option, the entire delivery cost is borne by the Customer. In the event that the package is not collected, the Customer is obliged to reimburse the delivery cost and return and pay for the uncollected product—which remains the Seller’s property—within 7 days from the date the package is returned to the Seller by the appropriate operator. The Seller also reserves the right to call on the Buyer to duly perform the contract, to withdraw from the contract, and to claim any outstanding payments, including for the product and for the costs of shipments, securing, and packaging.
  7. The Customer is obliged to assess the condition of the product and its compliance with the order at the time of delivery by the Courier and in the presence of the Courier. In the event of damage to the product, a complaint report (the Courier is required to have a printed copy of this report) must be completed in the presence of the Courier, including a description of the damage. The disputed product, together with the sales invoice, must be returned to the Courier. If the package contains more than one product, all items must be returned. The Seller bears the cost of transportation. Once the product is back in the KHT ARIA SHOP online store warehouse and the validity of the complaint has been confirmed, the product will be replaced with a new one and shipped to the Customer at the Seller’s expense.
  8. In the event that damage to the product is discovered at a later time, the complaint procedure described in §5 of these Regulations under “Complaints” should be followed.
  9. The delivery cost by courier depends on the volume of the products and is displayed for each product. The delivery cost is binding at the time the order is placed.
  10. At the time of receiving the product, the Customer is obliged to confirm its receipt. From that moment on, the product becomes the property of the Customer.


 

§4 COMPLAINT

Regulations Concerning Consumers

  1. Subject Matter and Conformity Requirements
    The subject of sale is new, defect‐free products. In the event that defects occur, the Store shall be responsible for such defects. Every item purchased in the online store may be subject to complaint in accordance with the applicable regulations if a defect (including non‐conformity of the product with the contract) is discovered within two years from its delivery to the Consumer (subject to paragraph 4). A product is considered to conform to the contract if, in particular, its:
    1. Description, Type, Quantity, Quality, Completeness, and Functionality:
      These characteristics (and, in the case of products with digital elements, also compatibility, interoperability, and the availability of updates) conform to the contract;
    2. Suitability for a Specific Purpose:
      It is fit for the particular purpose for which the Consumer requires it—provided that the Consumer notified the entrepreneur of that purpose no later than at the time of concluding the contract and that the entrepreneur accepted it.

The Customer acknowledges that the items offered in the online store are produced predominantly by hand using traditional methods. This production method has consequences regarding the quality of execution, such as the natural durability and functional properties of the product (without any special chemical or mechanical intervention aimed at “improving” its quality) and a unique character resulting from the style and skill of the individual artisans. Because each item is handmade, no two items are identical even if produced according to the same pattern. Consequently, a product purchased in the Store may differ slightly from a similar product displayed in the Store. Such ordinary consequences of handcrafting are inherent in the nature of the products and are not considered physical defects.

Products sold in the Store are intended for collectible purposes and are for individuals over the age of 14. The Seller reserves the right to reject a complaint if, for example, the purchased product differs from the one ordered due to monitor settings or parameters (used when viewing the product prior to purchase), if the defect resulted from the Customer’s improper use (including use contrary to the intended purpose or storage in unsuitable conditions), or if damages resulting from normal wear and tear (i.e. due to proper use) are presented.

  1. Additional Conformity Requirements
    In order for a product to be deemed conforming to the contract, it must also:
    1. Be Suitable for Its Normal Use:
      The product should be appropriate for the purposes for which such products are normally used, taking into account applicable legal regulations, technical standards, or good practices;
    2. Have the Typical Quantity and Characteristics:
      This includes durability and safety, and for products with digital elements—also functionality and compatibility—as is typical for such products and which the Consumer may reasonably expect, considering the nature of the product and any public guarantee provided by the entrepreneur, its legal predecessors, or representatives (for example, as stated in advertising or on the label). This provision does not apply if the entrepreneur demonstrates that:
      • They were not aware of the public guarantee and, acting reasonably, could not have been;
      • Prior to the contract’s conclusion, the public guarantee was rectified in the same conditions and form as originally provided, or in a comparable manner; or
      • The public guarantee did not influence the Consumer’s decision to conclude the contract;
    3. Be Delivered with the Expected Packaging, Accessories, and Instructions:
      The product should be provided along with the packaging, accessories, and instructions that the Consumer may reasonably expect;
    4. Be of the Same Quality as the Sample or Model Provided:
      The product must correspond in quality to the sample or model that the entrepreneur made available to the Consumer before the contract was concluded, and it should match the description of that sample or model.
  2. Exclusion of Liability for Non-Conformity
    The Store is not liable for non-conformity with the contract to the extent described in paragraphs 1 or 2 if the Consumer was clearly informed—no later than at the time of concluding the contract—that a specific characteristic of the product deviated from the conformity requirements, and the Consumer explicitly and separately accepted the absence of that characteristic.
  3. Liability for Non-Conformity
    The Store shall be liable for any non-conformity of the product with the contract that existed at the time of delivery and was discovered within two years from that time, unless the usability period of the product (as determined by the Store, its legal predecessors, or representatives) is longer. It is presumed that any non-conformity discovered within two years existed at the time of delivery unless proven otherwise or unless such a presumption is incompatible with the nature of the product or the character of the non-conformity.
  4. Inspection Upon Delivery
    Prior to accepting the shipment, the Consumer should inspect the package for any damage incurred during transportation. If the packaging shows visible external damage, it is recommended to refuse the delivery and then contact the Store at telephone numbers 533663306 and/or 665370653. After paying the cash-on-delivery amount and confirming receipt of the package, the Consumer may open the package in the presence of the courier. If any non-conformity is discovered, a discrepancy report must be drawn up (the courier is required to have a printed copy of this report), which will serve as the basis for a subsequent complaint.
  5. Remedies for Non-Conformity
    If the product is non-conforming with the contract, the Consumer may demand its repair or replacement. The Store may effect a replacement if the Consumer requests a repair, or the entrepreneur may perform a repair if the Consumer requests a replacement, provided that bringing the product into conformity in the manner chosen by the Consumer is impossible or would entail excessive costs for the Store. If neither repair nor replacement is feasible or if either would involve excessive costs, the Store may refuse to bring the product into conformity. In assessing the costliness, all circumstances will be taken into account, particularly the significance of the non-conformity, the value of the product conforming to the contract, and any undue inconvenience to the Consumer resulting from the chosen remedy. The Store will carry out the repair or replacement within a reasonable time from when it is informed of the non-conformity, and without undue inconvenience to the Consumer, taking into account the nature of the product and the purpose for which it was purchased. The Store shall bear all costs related to repair or replacement (including postage, transportation, labor, and materials). The Consumer shall make the product available to the Store for repair or replacement, and the Store will collect the product at its own expense. The Consumer is not obliged to pay for the normal use of the product that is subsequently replaced.
  6. Right to a Price Reduction or Withdrawal
    If the product is non-conforming, the Consumer may submit a declaration for a price reduction or withdrawal from the contract if:
    1. The Store has refused to bring the product into conformity in accordance with Article 43d(2) of the Act of May 30, 2014 on Consumer Rights;
    2. The Store has failed to bring the product into conformity in accordance with Article 43d(4–6) of the same Act;
    3. The non-conformity persists despite the Store’s attempts to remedy it;
    4. The non-conformity is so significant that it justifies a price reduction or withdrawal from the contract without first resorting to the remedies specified in Article 43d; or
    5. The Store’s declaration or the circumstances clearly indicate that the Store will not bring the product into conformity within a reasonable time or without undue inconvenience to the Consumer.
  7. Refund Proportionality and Return Procedures
    The reduced price must remain in such proportion to the contract price that the value of the non-conforming product relates appropriately to the value of the product conforming to the contract. The Store shall refund the Consumer the amounts due as a result of exercising the right to a price reduction immediately, and no later than fourteen (14) days from the receipt of the Consumer’s declaration. The Consumer cannot withdraw from the contract if the non-conformity is insignificant. It is presumed that any non-conformity is significant. If the non-conformity pertains to only some of the products delivered under the contract, the Consumer may withdraw only with respect to those products, or from the entire contract if it is unreasonable to expect the Consumer to retain only the conforming items. In the event of withdrawal, the Consumer must immediately return the product to the Store at their own cost. The Store will refund the price within fourteen (14) days from the receipt of the returned product or evidence of its dispatch, using the same payment method originally used by the Consumer—unless the Consumer explicitly agrees to an alternative method that does not incur additional costs.
  8. Warranty Conditions in Advertising
    Any deviation from the warranty conditions stated in the advertisement to the detriment of the Consumer is ineffective, unless the warranty statement made in the advertisement before the contract’s conclusion was rectified in the same conditions and form as the original advertisement, or in a comparable manner. The durability warranty cannot include repair or replacement conditions that are less favorable to the Consumer than those specified in Article 43d of the Act of May 30, 2014 on Consumer Rights.
  9. Procedure for Filing a Complaint
    If the purchased product is found to be defective or non-conforming, please follow the complaint procedure below: Send the product to be complained about to the Store along with a written statement detailing the specific reasons for the complaint, the requested method of resolution, and the return address and bank account number for any refund (depending on the Store’s decision).
  10. Resolution in Favor of the Consumer
    If the complaint is resolved in the Consumer’s favor, within seven (7) business days from the decision date the Store will compensate the incurred costs by repairing or replacing the product, sending a new unit, or refunding the money.
  11. Resolution Against the Complaint
    If the complaint is deemed unfounded, the Store will provide a detailed explanation of the decision and, within fourteen (14) business days at the Store’s expense, will return the product to the address from which the complaint was sent.
  12. How to Submit a Complaint
    A complaint may be submitted by mail to:
    Agnieszka Zaręba-Pliszko
    KHT ARIA SHOP
    ul.
    Energetyków 24 lok. 1, 20-468 Lublin
    or electronically to: office@khtaria.shop.
  13. Use of the Complaint Form
    The “Product Complaint” form (Annex No. 2 to these Regulations) may be used to submit a complaint; however, submission of a complaint without using this form is also acceptable.
  14. Complaint Processing Time
    The Store will review the complaint within fourteen (14) days and inform the Customer of the outcome by email or telephone.

Regulations Concerning Entrepreneurs

  1. Subject Matter and Complaint Handling
    The subject of sale is new, defect‐free products. In the event of defects, the Store is responsible for them. Every item purchased in the online store may be subject to complaint in accordance with the applicable regulations if a defect (including non‐conformity with the contract) is discovered within two years from its delivery. The Store will review the complaint within fourteen (14) days and inform the Customer of the resolution by email or telephone.
  2. Refund of Costs for Shipping Defective Products
    If the complaint is resolved in the Customer’s favor and the Customer is not classified as a Consumer, the Customer will receive a refund for the intentional costs incurred for sending the defective product to the Store, upon submission of a copy/scan of the proof of such costs to office@khtaria.shop.
  3. Procedure for Filing a Complaint
    If the purchased product is defective or non-conforming, the Customer must send the product subject to complaint accompanied by a written statement detailing the specific reasons for the complaint, the requested method of resolution, and the return address and bank account number for any refund (depending on the Store’s decision). A Customer exercising warranty rights is required, at the Store’s expense, to deliver the defective item; the cost will be reimbursed upon submission of proof of shipment.
  4. Resolution in Favor of the Entrepreneur Customer
    If the complaint is resolved in the Customer’s favor, the Seller will, within seven (7) business days from the decision date, provide compensation in the manner indicated by the Customer or by repairing/replacing the product, sending a new unit, or refunding the money.
  5. Resolution Against the Complaint
    If the complaint is deemed unfounded, within fourteen (14) days the Seller will provide the Customer with a detailed explanation of the decision, and within fourteen (14) business days—at the Customer’s expense—the product will be returned to the address from which the complaint was sent.
  6. How to Submit a Complaint
    A complaint may be submitted by mail to:
    Agnieszka Zaręba-Pliszko
    KHT ARIA SHOP
    ul.
    Energetyków 24 lok. 1, 20-468 Lublin
    or electronically to: office@khtaria.shop.
  7. Return Address for Products
    Products should be returned to the Workshop at:
    ul.
    Energetyków 24 lok., 20-468 Lublin.
  8. Use of the Complaint Form
    The “Product Complaint” form (Annex No. 2 to these Regulations) may be used to submit a complaint, though it is not mandatory.
  9. Exclusion of Liability for Known Defects
    The Store is exempt from liability under the warranty if the Customer was aware of the defect at the time of concluding the contract. When the subject of sale comprises items identified only by type or items to be produced in the future, the Store is exempt if the Customer was aware of the defect at the time of delivery. The Store is liable under the warranty only for physical defects that existed at the moment the risk passed to the Buyer or that arose from a cause inherent in the sold item at that same moment.
  10. Loss of Warranty Rights Between Entrepreneurs
    In sales between entrepreneurs, the Customer loses warranty rights if they did not examine the product in the customary manner and in a timely fashion (as is customary for such products) and did not notify the Store immediately of any defect; if the defect became apparent later, the Customer must notify the Store immediately upon its discovery.
  11. Partial Defects
    If only some of the sold items are defective and these can be separated from the non-defective items without prejudice to either party, the Customer’s right to withdraw from the contract is limited solely to the defective items.
  12. Limitation Period for Warranty Claims
    A claim for the removal of a defect or for replacement of the sold item with one free of defects becomes time-barred one year from the date on which the defect was discovered.

§5 PRODUCTS OFFERED

The subject of the online store’s commercial offer consists of products that are artistic handicrafts. All the necessary information regarding the products—allowing for their selection and evaluation—is provided on the Store’s website.

In principle, the products offered in the Store are made in a way that preserves their artistic and individual character, along with all the features and properties inherent to this fact, and are intended for collectible purposes for individuals aged 14 and over. Most of the products are handcrafted using traditional tools and methods, without the use of techniques employed in mass industrial production. At the same time, individual products may be produced using semi-automatic (hand-machine) or fully automatic methods; when this is the case, the product’s listing will indicate such circumstances.

§6 RIGHT OF WITHDRAWAL

  1. In accordance with the Consumer Rights Act of May 30, 2014 (i.e., Journal of Laws 2020, item 287, as amended), the Consumer may withdraw from the sales contract for Products purchased in the Store, without providing any reason, by submitting an appropriate written declaration within fourteen (14) days, counting from the day of delivery of the Product (i.e., from the day the Product is received by the Consumer). For the purpose of meeting this deadline, it is sufficient for the Consumer to send the declaration before the deadline expires. A declaration of withdrawal submitted after the period specified in this paragraph shall not have any legal effect. Article 61 of the Civil Code applies directly.
  2. The Consumer may withdraw from the contract by submitting an unequivocal declaration of withdrawal to the Seller. A sample declaration is provided as Annex No. 1 to these Regulations. Any method of withdrawal is acceptable and all have the same legal force. The Consumer is free to choose the method of withdrawal.
  3. The product returned in connection with the withdrawal must be complete (including all original equipment and accessories that form an integral part of it, if such were included), and must not show signs of use beyond what is necessary for its normal handling. The returned product must be accompanied by the original sales document as well as a completed and signed product return form. These documents should be affixed to the outside of the package so that the Seller can access them without opening the shipment. The withdrawal declaration must be sent to:
      Agnieszka Zaręba-Pliszko
      KHT ARIA SHOP
      ul. Energetyków 24 lok 1, 20-468 Lublin
    or electronically to: office@khtaria.shop.
  4. The Consumer is obliged to return the product to the Seller within fourteen (14) days from the day on which the withdrawal was made. For the purpose of meeting this deadline, it is sufficient to send the product back before the period expires.
  5. The product must be returned to the Store’s Workshop at:
      ul. Energetyków 24 lok 1, 20-468 Lublin.
  6. The direct costs of returning the product are borne by the Buyer. The Buyer is responsible for adequately packaging the returned product to prevent damage during transport (in accordance with Article 34(2) of the Consumer Rights Act of May 30, 2014, as amended, Journal of Laws 2017, item 683).
  7. If the delivered product is incomplete or shows signs of use beyond normal handling, the Seller reserves the right either to refuse acceptance of the shipment or to reduce the refund amount by the equivalent value of the damaged product.
  8. Within 3 business days of receiving the shipment containing the returned product, the Seller will verify whether the withdrawal was submitted within the statutory period and will assess the condition of the product (i.e., whether it was indeed purchased in the Store and whether its value has not been diminished due to use beyond that necessary to ascertain its nature, characteristics, and functionality). After reviewing the withdrawal, the Seller will promptly inform the Consumer of the decision.
  9. The Seller shall, within fourteen (14) days from the day of receiving the withdrawal declaration and after reviewing the withdrawal, refund the Consumer all payments made, including the cost of delivering the product. However, the refund will not be made until either the product is received back by the Seller or the Consumer provides proof of its dispatch—whichever occurs first. If the Consumer chose a method of delivery other than the cheapest standard option offered by the Seller, the Seller is not obliged to refund any additional costs incurred by the Consumer.
  10. The Seller will refund the payment using the same payment method originally used by the Consumer. The parties may agree on a different refund method provided that it does not impose any additional costs on the Seller.
  11. The right of withdrawal from the Sales Contract does not apply to the Consumer with respect to a contract in which:
  • the subject matter is a non-prefabricated item produced according to the Consumer’s specifications or intended to meet their individualized needs;
  • the subject matter is liable to rapid deterioration or has a short shelf-life;
  • the subject matter is delivered in a sealed package, which cannot be returned once unsealed for reasons of health protection or hygiene if the package has been opened after delivery;
  • the subject matter consists of items that, due to their nature, become inseparably mixed with other items after delivery;
  • the subject matter comprises audio or visual recordings or computer programs supplied in a sealed package, if the package has been opened after delivery;
  • the contract is for the supply of newspapers, periodicals, or magazines (except for subscription contracts);
  • the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, and such fluctuations may occur before the withdrawal period expires;
  • the contract is for the supply of digital content that is not fixed on a tangible medium, if performance began with the Consumer’s explicit consent before the withdrawal period expired and after the entrepreneur informed the Consumer of the loss of the right of withdrawal.
  1. If the return of the product is not accepted, the Seller will send an email to the address provided with information regarding the non-acceptance of the return. In such a case, the Seller will return the product to the indicated address, bearing the cost of the shipment.
  2. The right of withdrawal from a distance contract applies only to the Consumer, as defined in these Regulations, and not to any other entity.

 

§7 OUT-OF-COURT DISPUTE RESOLUTION

  1. In the event that the complaint procedure does not yield the result expected by the Consumer, the Consumer may, among other options, avail themselves of:
    • Mediation conducted by the regional Provincial Inspectorate of Trade Inspection, to which an application for mediation may be submitted. In principle, this procedure is free of charge. A list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    • Assistance from a regional, permanent conciliatory consumer court operating under the Provincial Inspectorate of Trade Inspection. An application for the dispute to be considered by the conciliatory court may be submitted. This procedure is generally free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
    • Free assistance from a municipal or county consumer ombudsman.
    • The online ODR platform available at: http://ec.europa.eu/consumers/odr/.
  2. This chapter entitled “Out-of-Court Dispute Resolution” does not apply to the category of persons described in these Regulations as “Entrepreneurs as Consumers” (which came into effect for contracts concluded from January 1, 2021). Therefore, this chapter applies only to contracts concluded with Consumers in the strict sense.

§8 PERSONAL DATA PROTECTION

  1. By placing an order, the Customer consents to the processing of the personal data provided for the purpose of executing and servicing the order by the Seller, who is also the data controller, in accordance with Article 7 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 (the General Data Protection Regulation), Official Journal L 119, 4 May 2016, pp. 1–88.
  2. The data controller for the personal data provided by the Customer during the use of the Store is the Seller.
  3. The personal data contained in the Seller’s database is not transferred to any entities that do not participate in the execution of the sales contract.
  4. In accordance with Article 15 of the Regulation (EU) 2016/679, the Customer has the right to access their personal data and may request its correction or deletion. The Seller ensures that every Customer has the right to control the processed personal data, to modify it, or to have it completely deleted from the system in situations permitted by applicable law.
  5. Providing personal data is voluntary; however, failure to consent to the processing of personal data will prevent the Seller from executing the Customer’s order.
  6. Detailed information regarding personal data and privacy protection is provided in the “Privacy Policy” section on the Store’s website.

§9 FINAL PROVISIONS

  1. These Regulations set out the rules for the conclusion and execution of the Sales Contract for the Products available on the Store’s website.
  2. The Sales Contract is concluded between the Customer and the Seller.
  3. These Regulations are available to all Customers in electronic form on the Store’s website: www.khtaria.shop.
  4. In order to use the Store’s services, it is necessary to have devices that provide Internet access as well as a web browser capable of displaying web pages, and to supply an email address to receive information regarding order execution.
  5. All persons, including Customers, are prohibited from posting unlawful content on the Store’s website.
  6. In matters not regulated by these Regulations, the applicable provisions of generally binding law shall apply.
  7. These Regulations do not exclude or limit any rights of the Customer, as a Consumer, that are granted under mandatory legal provisions. In the event of any conflict between these Regulations and such mandatory legal provisions, the latter shall prevail.
  8. In accordance with Article 8(3)(2)(b) of the Act of July 18, 2002 on the Provision of Electronic Services (as amended, Journal of Laws 2017, item 1219), any entity using the ABC online store is obliged not to post unlawful content on the site.
  9. The KHT ARIA SHOP online store is not liable for any damages or injuries resulting from the improper functioning of the server on which the Store’s online platform is hosted; this includes, in particular, the consequences of errors in the operation of the website, lack of access to it, and other failures, damages, or disruptions in the functioning of online services.
  10. The Administrator is not liable for any damages or injuries caused by his actions or omissions resulting from receiving incorrect data from the Buyer.
  11. Should any provision of these Regulations be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In such a case, the Parties shall replace the invalid or unenforceable provision with one that most faithfully reflects the intended economic purpose. This also applies to any gaps in these Regulations.