Statute

REGULATIONS OF THE DECOART STORE

Basic concepts

Seller.
DecoArt
Isabella Michalowska
st. Różana 8 05.152 Cząstków Polski
NIP 118 008 1875

Shop - a website belonging to the Seller, available at the www address, through which the Customer can purchase Goods from the Seller.

Customer - a natural person who is at least 13 years of age, however, if this person is not 18 years of age, the consent of his legal representative is required, as well as a legal person and an organizational unit that is not a legal person, which special provisions grant the capacity legal person who makes or intends to place an order or uses other services of the Store (including a Consumer).

Consumer - a natural person performing a legal transaction (sales contract via the Store) not directly related to its business or professional activity.

Regulations - these regulations specifying the principles of providing electronic services by the Seller.

Goods - a movable item, presented in the Store, which may be the subject of a sales contract, specified in detail in the order.

GENERAL PROVISIONS

1. The www online store is owned by:

DecoArt Izabela Michalowski ul. Różana 8, 05.152 Cząstków Polski
NIP: 1180081875

2. The sale takes place via the Internet, in the form of a distance contract between the person placing the order, hereinafter referred to as the Customer, and the online store, hereinafter referred to as the Seller.

3. The prices of goods are gross prices and include value added tax (VAT). Prices do not include transport costs.

4. Purchasing in the online store means accepting all the provisions of these regulations.

5. These Regulations define the rules for concluding a contract for the sale of Goods between the Seller and the Customer, using means of distance communication and the Customer's use of the Store, available at www.

6. In the scope of services provided electronically, these Regulations are the regulations referred to in art. 9 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended). The Regulations are addressed to all customers of the Store. The Customer is obliged to comply with all provisions of the Regulations. The sale is based on the version of these Regulations in force at the time of placing the order.

7. All information contained on the Store's website, relating to products (including prices), does not constitute an offer within the meaning of art. 66 of the Civil Code, but an invitation to conclude a contract specified in Art. 71 of the Civil Code.

SUBMISSION AND EXECUTION OF ORDERS

1. The condition for using the Store's services is to read these Regulations and accept them. By placing an order, the Customer accepts the content of the Regulations.

2. An order can be placed by adding a product to the basket and then by pressing the "CONFIRM PURCHASE" button.

3. An order can be placed 24 hours a day throughout the year. Orders can be placed via the shop www

4. Contact with the store via e-mail is possible around the clock. Telephone contact with the store is possible from Monday to Friday from 9.00 a.m. to 5.00 p.m. and on Saturdays from 9.00 a.m. to 2.00 p.m.

5. The customer is obliged to make the payment within 3 calendar days from the date of placing the order. If after 3 days the customer does not pay for his order, or there is no contact with the customer to complete the order, it will be canceled.

6. The ordered goods can be picked up in person at the company's headquarters after prior telephone arrangement.

You can pick up the package after making the payment, payment on delivery is not possible.

7. Orders will be processed within 4 working days from the date of placing the order, in pre-holiday periods, i.e. during periods of increased traffic, this time may be extended to 5 working days from the date of placing the order.

8. Decorations made to order will be sent after accepting the order and setting an earlier date by the ordering party.

9. All our products are made of high-quality artificial flowers, however, after prolonged exposure to weather conditions, it is to be expected that the product will discolor.

EACH SALES AGREEMENT IS CONFIRMED WITH A RECEIPT OR A VAT INVOICE. - sent by e-mail.

From January 1, 2020, an additional mandatory element of the receipt was introduced, in a situation where an invoice is to be issued on its basis for an entity that conducts business activity. According to the new wording of art. 106b sec. 5 of the VAT Act, in the case of sales to an entity conducting business, an invoice to the receipt may be issued ONLY if the receipt confirming the sale includes the buyer's NIP number.

TRANSPORT

* The shipping price depends on the payment method chosen by the customer, the type of shipment and the weight and dimensions of the shipment.

* Shipping costs in Poland. International shipments priced individually.

*When placing an order, the system calculates and provides the correct shipping costs, specifying the type of shipment.

*. The ordered goods are sent via the INPOST or DPD courier company, and the cost of shipping is covered by the customer.

The shipping price includes the postage/courier plus the cost of packaging (protecting the goods).

* The Buyer decides on the form of shipment and commissions the Seller, on his own behalf, to send the ordered goods through a selected service provider.

Courier delivery time 24-48h

During the holiday season, the time may be longer.

COMPLAINT

1. The Seller is liable under the warranty for physical and legal defects of the Goods to the extent specified in art. 556 et seq. of the Act of April 23, 1964 - Civil Code (Journal of Laws of 2014, item 121)

2. The physical defect of the Goods consists in the non-compliance of the sold item with the contract, so if the Goods do not have the properties that they should have due to the purpose of the contract, resulting from circumstances or intended use, they do not have the properties about which the Seller assured the Customer, they are not suitable for the purpose of which the Customer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections as to its intended use, the Goods were delivered to the Customer incomplete.

3. A legal defect of the Good occurs when the Good is owned by a third party or is encumbered with the right of a third party, when the restriction in use or disposal results from a decision or judgment of a competent authority.

4. In the case of the Consumer, public assurances of the manufacturer or entity that introduces the Goods to the market in the scope of its business activity, or which presents itself as the manufacturer, are treated on an equal footing with the Seller's assurance. However, the Seller is not responsible if he did not know these assurances or could not have known them, or when these assurances could not affect the Consumer's decision to conclude a sales contract, and also when the content of these assurances was corrected before the conclusion of the sales contract.

5. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Customer.

6. In the case of a Consumer, when a physical defect was found within one year from the date of delivery of the Goods, it is presumed that the defect or its cause existed at the time of delivery of the Goods.

7. The Seller is responsible for the warranty for physical defects of the Goods that existed at the time the danger passed to the Customer or resulted from a reason inherent in the item sold at the same time.

8. If the Goods have a defect, the Customer may submit a statement of price reduction or withdrawal from the contract, unless the Seller immediately replaces the defective Goods with defect-free Goods or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with defect-free Goods or remove the defect.

9. If the Goods have a defect, the Customer may also request replacement of the item with a defect-free one or removal of the defect.

10. The Consumer may, instead of removing the defect proposed by the Seller, demand the replacement of the Goods with a defect-free one, or instead of replacing the Goods, demand removal of the defect, unless bringing the Goods into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Consumer. the seller.

11. The customer may not withdraw from the contract if the defect is insignificant.

12. The Seller undertakes to respond to the complaint within 14 days from the date of its receipt.

13. If the complaint is justified, the Seller undertakes to replace the defective Goods with goods free from defects or remove the defect within 14 days from the date of submitting the complaint by the Customer.

14. In the event of effective withdrawal from the contract, the Seller undertakes to refund the payment within 14 days from the date of receipt of the withdrawal from the contract, with the proviso that the refund will not take place until the Goods are returned or the Consumer provides proof of their return.

15. A claim for the removal of a defect or replacement of the Good with a defect-free one expires after one year, counting from the date of finding the defect. In the case of a Consumer, the limitation period cannot end before the expiry of two years.

16. The Customer exercising the rights under the warranty at the Seller's expense will deliver the defective Goods to the Seller to the following address:

DecoArt Izabela Michalowska ul. Różana 8 Particles of Poland

17. In the event of defects or non-compliance of the goods with the contract, the Buyer has the right to complain about the goods by notifying the seller by e-mail to the following e-mail address: izastetnicka11@gmail.com or by post
traditional to the address of the store:

st. Rose 8
05-152 Cząstków Polski

The complaint should contain the following data:



first name and last name

correspondence address (also e-mail address and telephone number)

subject of the complaint

the reason for the complaint

signature (only for complaints submitted by post)


RIGHT OF WITHDRAWAL FROM THE AGREEMENT

PLEASE EMAIL OR PHONE INFORMATION ABOUT WITHDRAWAL FROM THE AGREEMENT.

1. Pursuant to the Act of 30 May 2014 on consumer rights, the Consumer may withdraw from the contract for the sale of goods purchased in the Store without giving any reason, by submitting a relevant statement in writing within 14 days from the date of delivery of the goods (i.e. from the date of receipt of the goods by the Consumer). To meet this deadline, it is enough to send a statement before its expiry.

2. The consumer may withdraw from the contract by submitting a statement of withdrawal from the contract to the Seller. An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights.

3. A statement of withdrawal from the contract may be submitted:

in writing to the following address: DecoArt ul. Różana 8 05-152 Cząstków Polski Izabela Michałowska

in electronic form via e-mail to the following address:

izasternicka11@gmail.com

4. The consumer will return the goods to the Seller within 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to send back the goods before its expiry.

5. The return of the goods should be made to the Seller's address DecoArt ul. Różana 8 05-152 Cząstków Polski Izabela Michałowska

6. The Seller, within 14 days from the date of receipt of the declaration of withdrawal from the contract, will return to the Consumer all payments made by him, including the cost of delivering the Goods, but the payment will not be refunded until the Goods are returned or the Consumer provides proof of its return.

7. The Seller will refund the payment using the same method of payment as used by the Consumer.

8. The consumer bears the costs of returning the Goods to the Seller.

9. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:

9.1 If the consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available in the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the consumer.

9.2 The consumer bears the direct costs of returning the Product:

In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the deadline for withdrawing from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.

9.3 The right to withdraw from a distance contract is not available to the consumer in relation to contracts:

(1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery; (6) in which the subject of the service are Products which, due to their nature, are inseparably connected with other items after delivery; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline for withdrawing from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.

Regardless of the above rights, the Customer may use other rights contained in the code of good practice referred to in art. 2 point 5 of the Act of August 23, 2007 on counteracting unfair market practices. This act is available at www.uokik.gov.pl.

10. ENTREPRENEUR - FV has no right to withdraw from the contract within 14 days from the moment of purchase without giving a reason.

PROVISIONS RELATING TO ENTREPRENEURS

This section of the Regulations and the provisions contained therein apply only to Customers and Service Recipients who are not consumers.

The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.

In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

As soon as the Seller releases the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for the loss, shortage or damage to the Product arising from its acceptance for transport until its delivery to the Customer and for delays in the transport of the shipment.

If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that the Product has been lost or damaged during transport, he is obliged to take all actions necessary to determine the liability of the carrier.

According to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.

In the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a relevant statement to the Service Recipient.

The liability of the Service Provider/Seller towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The Service Provider/Seller is liable to the Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits to the Service Recipient/Customer who is not a consumer.

Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court competent for the seat of the Seller / Service Provider.

PERSONAL DATA PROTECTION

1. By placing orders, the Customer agrees to the processing of personal data provided by him in order to fulfill and service the order by the Seller, who is also the administrator of personal data within the meaning of the Act of August 29, 1997 on the protection of personal data.

2. Personal data contained in the Seller's database are not transferred to entities not participating in the implementation of the sales contract.

3. In accordance with the Personal Data Protection Act, the Customer has the right to inspect their personal data, the possibility of correcting and deleting them. The Seller provides each Customer with the right to control the processing of data in accordance with art. 32 of the Personal Data Protection Act.

4. Providing personal data is voluntary, however, the lack of consent to the processing of personal data makes it impossible to complete the Customer's order.

FINAL PROVISIONS

The Regulations are available to all Customers in an electronic version on the Store's website www

4. To use the Store, it is necessary to have devices that allow access to the Internet and a web browser that allows you to view websites, as well as provide an e-mail address that allows you to send information regarding the execution of the order.

5. It is forbidden for people using the Store (including Customers) to post unlawful content in it.

6. In matters not covered by the Regulations, the provisions of generally applicable law shall apply.

7. The Regulations do not exclude or limit any rights of the Customer who is a consumer, which he is entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law granting consumers rights, priority shall be given to these provisions.

The Regulations come into force on August 16, 2023.