Table of Contents:
- General provisions.
- Definitions contained in the regulations.
- Contact with the store.
- Technical requirements.
- General information
- Creating an account in the store
- Rules for placing an Order
- Payment methods and delivery offered
- Right to withdraw from the contract. Agreements concluded with entrepreneurs
- Right to withdraw from the contract. Contracts concluded with consumers
- Product complaint
- Out-of-court complaint consideration and redress methods
- Personal data in the Online Store
- Final provisions
- Model withdrawal form
1. General provisions
1.1. These regulations set out the rules for making purchases in the Story online store, available at the Internet address https://storyishere.com from Fabryka Fabryka Wojciech Długosz, Stefana Batorego 14/5, 41-902 Bytom, Poland entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP: PL6262760809, REGON 241560070.
1.2. The Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed only to consumers or only to entrepreneurs.
2. Definitions contained in the regulations
2.1. Customer – a natural person (with full legal capacity) or legal person who has made or intends to make a purchase in the online store www.storeishere.com. The customer can be both a consumer and an entrepreneur;
2.2. Seller – Fabryka Kreatywna Wojciech Długosz, Stefana Batorego 14/5, 41-902 Bytom, Poland entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP: PL6262760809, REGON 241560070.
2.3. Store – online store available at www.storeishere.com;
2.4. Distance contract – a contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
2.5. Regulations – this document with all attachments.
2.6. Order – the Customer’s declaration of intent made using the Order Form and directly aimed at concluding a Product Sales Agreement or Products with the Seller.
2.7. Account – the customer’s account in the Store, it collects data provided by the Customer and information about Orders placed by him in the Store.
2.8. Registration form – a form available in the Store that allows you to create an Account.
2.9. Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
2.10. Shopping Cart – an element of the Store’s software, in which the Products selected for purchase by the Customer are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
2.11. Product – a movable item / service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
2.12. Sales Agreement – a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – applying to the features of the Product – a contract for the provision of services and a contract for specific work.
2.13. Business day – one day from Monday to Friday, excluding public holidays.
3. Contact with the Store
3.1. Seller’s address: Stefana Batorego 14/5, 41-902 Bytom, Poland
3.2. Seller’s e-mail address: firstname.lastname@example.org
3.3. Seller’s phone number: +48 661-399-334
3.4. Seller’s bank account number PL40 2490 0005 0000 4500 3583 0585
3.5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
3.6. The Customer may communicate by phone with the Seller on business days from 10:00 to 18:00
4. Technical requirements
4.1. To use the Store, including viewing the Store’s assortment and placing orders for Products, you need: a. end device with access to the Internet and Internet browsers such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari; b. active e-mail account; c. cookies enabled.
5. Main informations
5.1. The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
5.2. Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of point 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be carried out without creating an Account.
5.3. The prices given in the Store are given in Euro and are gross prices (including VAT). Customer can change currency and/or use checkout payment gateways (PayPal, direct bank transfer, DotPay) to pay in desired way and currency.
5.4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store’s pages when placing the Order, including when expressing the will to be bound by a Sales Agreement.
5.5. In the case of products made to order, the prices provided on the Store’s website are only approximate prices. The final price is given by the Seller in the order confirmation and depends on the materials used, product size and chosen finish.
5.6. The online store provides electronic services in the form of: Order form and Newsletter. The online store does not charge any fees for providing these services. The Customer may at any time, without giving a reason, unsubscribe from the Newsletter service by sending an appropriate e-mail to the e-mail address of the Seller. The above service is provided for an indefinite period.
6. Creating an Account in the Store
6.1. To set up an Account in the Store, please complete the Registration Form. It is necessary to provide the following data: company name (if applicable), name and surname, registered office / residential address, shipping address (if different), telephone number, e-mail address, passwords.
6.2. Creating an Account in the Store is free.
6.3. Logging in to the Account is done by entering the email address and password set in the Registration Form.
6.4. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending a relevant request to the Seller, in particular via electronic mail email@example.com or in writing to the addresses provided in point 3 of the Regulations.
7. Rules for placing an Order
7.1. To place an Order: a. log into the Store (optional); b. select the Product being the subject of the Order, and then click the “Add to Cart” button (or equivalent); c. log in or use the option of placing an Order without registration; d. if the option of placing an Order without registration has been selected – complete the Order Form by entering the recipient’s details of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter invoice data, if different from the recipient’s data; e. choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to point 8.3; f. click the “Purchase” button.
8.1. Detailed information about the products can be found at www.storyishere.com
8.2. The products are made of the highest quality materials, including natural leather. Any scratches, scratches, crushing bristles that occur as they are used do not affect the quality of the object, but only its nature and result from the natural properties of the materials used.
8.3. The store exercises due diligence to ensure that the product photos reflect their color and texture. Product colors in the pictures, against different screen resolutions on which the images are displayed may differ slightly from reality. If in doubt, please contact the store in advance.
9. Offered delivery and payment methods
9.1. The Customer may use the following methods of delivery or collection of the ordered Product:
- Courier mail;
- InPost parcel lockers;
- Post Office.
9.2. The customer can use the following payment methods:
- Electronic payments;
- Payment by payment card.
9.3. Detailed information on delivery methods and accepted payment methods can be found on the Store’s website.
10. Performance of the sales contract
10.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with point 7 of the Regulations.
10.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending by the Seller an appropriate e-mail to the address provided at the time of placing the Order, after Customer electronic mail, which contains at least the Seller’s statements about the receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon the receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
10.3. The customer, unless for some reason does not make it during the purchase – is obliged to make the payment within 3 calendar days from the date of the Sale Agreement – otherwise the order will be canceled.
10.4. The product will be sent by the Seller within the time specified in its description, in the manner chosen by the Customer when placing the Order.
10.5. When ordering Products with different delivery dates, the delivery date or readiness for collection is the longest given date.
10.6. The beginning of the delivery period or readiness to collect the Product is counted from the moment the Seller’s bank account is credited.
10.7. In the event of a delay in the performance of the Products by the Seller for reasons attributable / beyond the Seller’s control, the Customer should receive relevant information by e-mail and / or telephone explaining the situation and setting a new delivery date.
10.8. Product delivery takes place in the European Union, Europe.
10.9. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs are indicated to the Customer on the Online Store’s website in the FAQ tab and when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.
11. Right of withdrawal. Agreements concluded with entrepreneurs
11.1. The provisions of this paragraph shall apply only to contracts concluded with customers who are entrepreneurs.
11.2. Placing an order on behalf of a legal person or an organizational unit without legal personality is tantamount to submitting a statement that the person placing the order is authorized to represent the entity on whose behalf the order was placed. Placing an order without proper authorization will result in the person placing the order being liable for any damages resulting from this fact.
11.3. The trader is obliged to examine the parcel delivered to him through the carrier in the usual manner, and in the event of a defect or damage to the product, he is obliged to observe all actions aimed at determining the carrier’s liability.
11.4. The entrepreneur loses the rights under the warranty if he did not examine the item in time and in the manner adopted for such items and did not immediately inform the seller about the defect, and if the defect came to light only later – if he did not inform the seller immediately after finding it.
11.5. The store reserves the right to terminate the contract concluded with the entrepreneur within 14 days of its conclusion without giving reasons.
11.6. The store allows customers to place individual orders. By this is meant any changes made to the products at the customer’s request, such as a change in size, design, materials used, finishing methods and accessories. The right to withdraw from the contract is not applicable to contracts in which the subject of the service is a product made to individual order specified in the preceding point, i.e. a non-prefabricated product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs.
11.7. All disputes arising from the implementation of the contract concluded between the Store and the Entrepreneur will be settled by the court competent for the seat of the Seller.
12. Right to withdraw from the contract. Agreements concluded with consumers
12.1. The provisions contained in this paragraph constitute the rights granted only to the Customer who is a consumer. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
12.2. The period specified in point 11.1 begins with the delivery of the Product to the Consumer or a person other than the carrier indicated by him.
12.3. The consumer may withdraw from the Contract by submitting a declaration of withdrawal from the Contract to the Seller). To meet the deadline for withdrawing from the Contract, it is sufficient for the Consumer to send a statement before this deadline (see the attachment of the Regulations).
12.4. The statement may be sent to the e-mail address – the contact details of the Seller have been specified in point 3 of the Regulations.
12.5. In the event of sending a statement by the Consumer electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.
12.6. In the event of withdrawal from a Distance Contract, the Contract is considered null and void.
12.7. In the event of withdrawal from the Contract, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer statement.on withdrawal from the Agreement, all payments made by him, including the costs of delivery, except for additional costs arising from the method of delivery chosen by the Consumer other than the cheapest usual delivery method offered by the Seller.
12.8. The seller will refund the payment using the same payment methods that were used by the consumer in the original transaction, unless the consumer has expressly agreed to another solution that will not involve any costs for him.
12.9. The Seller may withhold reimbursement until receipt of the Product.
12.10. The Consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
12.11. The consumer bears the direct cost of returning the Product.
12.12. The consumer is liable for damages for reducing the value of things as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things, such as cleaning costs, repairing parts. In order to determine the nature, characteristics and functioning of goods, consumers should handle and inspect goods only in the same way as they could do in a stationary store.
12.13. The store allows customers to place individual orders. By this is meant any changes made to products at the customer’s request, such as stamping, change in size, shape, materials used, finishing method and accessories.
12.14. The right to withdraw from the contract does not apply to contracts in which the subject of the service is a product made to individual order specified in the preceding point, i.e. a non-prefabricated product, manufactured according to the consumer’s specifications.
13. Product complaint
13.1. The store is obliged to provide products free from physical and legal defects.
13.2. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding warranty in the Civil Code or under the Guarantee (see p. 14). If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
13.3. Complaints should be submitted in writing or by e-mail to the addresses of the Seller provided in these Regulations.
13.4. The Seller will respond to the complaint request immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer’s request was justified. Goods sent under the complaint procedure should be sent to the address given in point 3 of these Regulations.
13.5. The complaint should contain: a. the name and surname or business of the buyer; b. address of residence / registered office for correspondence; c. attached proof of purchase of the product (e.g. receipt, invoice, proof of transfer, etc.); d. description and / or photo of the defect describing the non-compliance of the goods with the contract and the date of its occurrence; e. Claimant’s request (withdrawal from the contract, price reduction, product replacement, defect removal); f. date of submission and signature of the person submitting the complaint.
13.6. The store confirms the impact of the complaint and calls on the consumer to immediately deliver the defective product to the Seller’s workshop in order to respond to the complaint.
13.7. If the complaint is not considered, the goods will be sent back with an opinion as to the grounds of the complaint.
13.9. Complaints are only for hidden defects resulting from design or material reasons.
14.1. All products offered in the store are covered by a 2-year warranty.
14.2. Provisions regarding complaint submission apply to the reporting of defects covered by the warranty.
14.4. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the headquarters and on the websites of local (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Provincial Inspectorates of Commerce Inspection and at the appropriate Internet addresses of the Office of Competition and Consumer Protection.
14.5. The consumer has the following examples of options for using out-of-court complaint consideration and redress: a. The consumer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.b. The consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller. C. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
15. Personal data in the Online Store
15.1. The administrator of personal data of Customers collected through the Online Store is the Seller.
15.2. Customers’ personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
15.3. The recipients of personal data of the Online Store customers may be: a. The Administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing shipments at the request of the Administrator.b. The administrator provides the collected personal data of the Customer to the selected entity handling the above payments in the Online Store.
15.4. The customer has the right to access their data and correct them.
15.5. Providing personal data is voluntary, however failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.
16. Final provisions
16.1. Agreements concluded through the Online Store are concluded in English.
16.2. The Seller reserves the right to amend the Regulations for important reasons, i.e. changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. These changes will not affect orders, contracts or orders placed, implemented or performed.
16.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
16.4. The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
17. Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
● Recipient: ___________________________________________________________
● I / We (*) hereby inform / inform (*) about my / our withdrawal from the sales contract of the following items:
● Date of conclusion of the contract __________.
● Date of receipt of products __________.
● Name of consumer (s) __________.
● Address of consumer (s) __________.
● Signature of the consumer (s) (only if the form is sent in paper version)