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Terms of use

Terms of Use of Eudajmonia Wall Artists online store

Defining, among others, the rules of concluding sales contracts through the store, containing the most important information about the Seller, the store and consumer rights.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with Seller
§ 3 Technical requirements
§ 4 Shopping in Store
§ 5 Payments
§ 6 Order processing
§ 7 Right of withdrawal
§ 8 Exceptions to right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix 1:Model withdrawal form

§ 1 DEFINITIONS

Working days - days from Monday to Friday, except public holidays.
Account - an unpaid function of the Store (service provided electronically), regulated by separate regulations, thanks to which the Buyer may set up his individual Account in the Store.
Consumer - Consumer within the meaning of the Civil Code.
Buyer - any entity making purchase in the Store.
Terms of Use - these Terms of Use.
Store - Eudajmonia Wall Artists online store run by the Seller at https://www.eudajmonia.eu.
Dariusz Gorstka, entrepreneur conducting business activity under the name Eudajmonia Dariusz Gorstka, entered in the Central Register and Information on Business Activity kept by the minister in charge of economy and keeping Central Register and Information on Business Activity, VAT PL9542378283, VAT GB350509420, VAT DE330992248, REGON 369018385, Górniczego Stanu 83/2 40-468 Katowice, Poland.

§ 2 CONTACT WITH SELLER

  1. Postal address: Górniczego Stanu 83/2, 40-468 Katowice, Polska

  2. E-mail address: biuro@eudajmonia.eu

  3. Phone: +48 578 02 05 12

  4. Address for product returns (in case of withdrawal from contract): ul. Bracka 9b, 44-300 Wodzisław Śląski.

  5. Address for complaints: ul. Bracka 9b, 44-300 Wodzisław Śląski.

§ 3 TECHNICAL REQUIREMENTS

  1. To use the Store properly, it is necessary to have:

    • An Internet-enabled device

    • A web browser that supports JavaScript and cookies.

  2. For placing orders in the Store, an active e-mail account is required in addition to the requirements specified in paragraph 1.

§ 4 SHOPPING IN THE STORE

  1. The prices of goods visible in the Store are total prices for the goods, including VAT.

  2. The Seller points out that the total price of the order consists of the price for the goods indicated in the Store and, if applicable, the costs of delivery.

  3. The goods selected for purchase should be added to the shopping cart in the Store.

  4. Next, the Buyer chooses the method of delivery of the goods and the method of payment for the order from among those available in the Store and provides the details necessary to complete the order.

  5. The order is placed at the moment of confirming its content and accepting the Terms of Use by the Buyer.

  6. Placing an order means concluding a sales contract between the Buyer and the Seller.

  7. The Seller shall provide the Consumer with the confirmation of the conclusion of the sales contract on a durable carrier at the latest at the time of delivery of goods.

  8. The Buyer may register in the Store i.e. set up an Account there or make purchases without registration by providing his data for each possible order.

§ 5 PAYMENTS

  1. The order may be paid for, at the Buyer’s discretion:

    1. By ordinary transfer to the Seller's bank account.

    2. By credit card:

      • Visa

      • Visa Electron

      • MasterCard

      • MasterCard Electronic

      • Maestro

    3. Through the payment platform:

      • Płatności Shoper

      • dotpay

      • PayPal

      • PayU

      • Przelewy24

    4. Cash on delivery, i.e. by card or cash on delivery to the Buyer.

  2. If there is a need to return funds for a transaction made by the customer with a payment card, the seller will return them to the bank account assigned to the Customer's payment card.

  3. In the case of choosing to pay via the Shoper payment platform, the entity providing the online payment service is Blue Media S.A.

  4. If the Buyer chooses to pay in advance, the order must be paid for within 2 Working Days from placing the order.

  5. The Seller informs that with some payment methods, due to their specificity, paying for the order using this method is possible only immediately after placing the order.

  6. By making purchases in the Store the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw its acceptance.

§ 6 ORDER PROCESSING

  1. The Seller is obliged to deliver goods without defects.

  2. The order completion date is 5-14 working days.

  3. If the customer chooses the method of payment by bank transfer or payment card, the order lead time is counted from the date of crediting the bank account or settlement account of the Seller.

  4. If the Buyer has chosen to pay for the order in advance, the Seller will proceed to the execution of the order after its payment.

  5. If the Buyer has purchased goods with different lead times within one order, the order shall be executed on the date appropriate for the goods with the longest lead time.

  6. Countries in the territory of which the delivery is made:

    • Republic of Poland

    • European Union

  7. Goods purchased in the Store are delivered depending on the method of delivery chosen by the Buyer:
    - Through courier companies.

§ 7 RIGHT OF WITHDRAWAL

  1. The Consumer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Terms of Use, within 14 days without giving any reason.

  2. The period to withdraw from the contract expires after 14 days from the day:

    1. on which the Consumer came into possession of the goods or in which a third party other than the carrier and indicated by the Consumer came into possession of the goods.

    2. on which the Consumer came into possession of the last good or on which a third party other than the carrier and indicated by the Consumer acquired possession of the last good in the case of a contract which involves the transfer of ownership of multiple items, which are delivered separately.

    3. Conclusion of the contract - in the case of a contract for the supply of digital content.

  3. In order for the Consumer to exercise his right of withdrawal from the contract, he must inform the Seller, using the data specified in § 2 of the Terms of Use, about his decision to withdraw from the contract by way of an unequivocal statement (for example, a letter sent by mail or information provided by e-mail).

  4. The Consumer may use the model withdrawal form placed at the end of the Terms of Use, but this is not obligatory.

  5. In order to keep the withdrawal period, it is sufficient for the Consumer to send information concerning the exercise of his right of withdrawal before the expiry of the withdrawal period.

    EFFECTS OF WITHDRAWAL

  6. In case of withdrawal from the concluded contract, the Seller shall return to the Consumer all payments received from him, including the costs of delivery of goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed about the Consumer's decision to exercise his right of withdrawal.

  7. The return of payment shall be made by the Seller using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer agrees to another solution; in any case the Consumer shall not bear any fees in connection with this return.

  8. The Seller may withhold the return of the payment until the receipt of the goods or until the delivery of proof of their return, whichever is the earlier.

  9. The Seller requests that the goods be returned to: Bracka 9b, 44-300 Wodzisław Śląski Street immediately, and in any case no later than 14 days from the day on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day deadline.

  10. The Consumer shall bear the direct costs of returning the goods.

  11. The Consumer shall be liable only for any reduction in the value of the goods resulting from the use of the goods in a manner other than that necessary to determine the nature, characteristics and functioning of the goods.

  12. If the goods due to their nature cannot be sent back by ordinary mail, the Consumer shall also bear the direct costs of returning the goods. The Consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.

  13. If it is necessary to return funds for a transaction made by the Consumer with a payment card, the Seller shall make the return to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO RIGHT OF WITHDRAWAL

  1. The right of withdrawal from a distance contract shall not apply to Consumers with regard to contracts:

    1. Where the object of performance is an item that is manufactured to the Consumer's specifications or to meet his personalized needs.

    2. Where the object of performance is an item that is rapidly deteriorating or has a short shelf life.

    3. Where the object of performance is an item delivered in sealed packaging which cannot be returned for health protection reasons or for hygiene reasons if the packaging is opened after delivery.

    4. Where the object of performance is an item which, due to its nature, is inseparably connected with other items after delivery.

    5. Where the object of performance are sound or visual recordings or computer programs supplied in sealed packaging, if the packaging has been opened after delivery.

    6. For the supply of newspapers, periodicals or magazines, with the exception of a subscription contract.

    7. Where the price or consideration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the end of the withdrawal period.

    8. The supply of digital content which is not recorded on a tangible medium where the performance has begun with the Consumer's express consent before the end of the withdrawal period and after the entrepreneur has informed the Consumer of the loss of the right of withdrawal.

  2. An entity other than Consumer is not entitled to withdraw from a distance contract.

§ 9 COMPLAINTS

  1. In case of a defect in the goods, the Buyer has the possibility to complain about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, if the guarantee has been granted.

  2. Using the warranty, the Buyer may, under the terms and within the periods specified in the Civil Code:

    1. Submit a declaration of price reduction

    2. For material defects - make a statement of withdrawal from the contract

    3. Demand the replacement of items with defect-free ones

    4. Demand removal of defects

  3. The Seller requests that complaints under guarantee regulations be submitted to the postal or electronic address indicated in § 2 of the Terms of Use.

  4. If it turns out that in order to consider the complaint it is necessary to deliver the claimed goods to the Seller, the Buyer is obliged to deliver the goods at the expense of the Seller to the address 9b Bracka Street, 44-300 Wodzisław Śląski (for Consumers).

  5. If the goods have been additionally guaranteed, information about it, as well as the terms of warranty, is available in the product description in the Store.

  6. Complaints concerning the functioning of the Store should be sent to the e-mail address indicated in § 2 of the Terms of Use.

  7. The Seller will consider complaints within 14 days.

    OUT-OF-COURT WAYS OF HANDLING COMPLAINTS AND PURSUING CLAIMS

  8. In case the complaint procedure does not bring the result expected by the Consumer, the Consumer may take advantage of, among others:

    1. Mediation carried out by the locally competent Provincial Trade Inspectorate, to which a request for mediation should be addressed. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.

    2. The assistance of a locally competent, permanent amicable consumer court operating at the Voivodeship Inspectorate of Commercial Inspection, to which an application should be submitted for consideration of a case before an amicable court. In principle, the proceedings are free of charge. The list of courts is available at the address: https://www.uokik.gov.pl/wazne_adresy.php#faq596.

    3. Free of charge municipal or district consumer advocate.

    4. Online ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

  1. The Seller is the Controller of personal data provided by the Buyer while using the Store.

  2. The Buyer's personal data is processed on the basis of a contract and for the purpose of its implementation, in accordance with the principles set out in the General Data Protection Regulation of the European Parliament and the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is contained in the privacy policy posted in the Store.

§ 11 RESERVATIONS

  1. It is prohibited for the Buyer to provide illegal content.

  2. Every order placed with the Store constitutes a separate sales contract and requires separate acceptance of the regulations. The contract is concluded with definite term and for the purpose of processing the order.

  3. Contracts concluded under these terms of use are concluded in Polish.

  4. In case of a possible dispute with Buyers other than Consumers, the competent court shall be the court having jurisdiction over the seat of the Seller.

  5. Nothing in these Terms of Use shall exclude or limit in any way the rights of the Consumer under the law.

  6. Provisions concerning the goods shall apply accordingly to digital content, unless the Terms of Use specify these issues separately.

Appendix 1 to Terms of Use

Below is a model withdrawal form, which the Consumer may or may not use:

MODEL WITHDRAWAL FORM
(this form must be completed and returned only if you wish to withdraw from the contract)

Eudajmonia Dariusz Gorstka
Górniczego Stanu 83/2, 40-468 Katowice, Polska, e-mail: biuro@eudajmonia.eu

- I/we(*) ..................................................................... hereby inform(*) of my/our withdrawal from the contract of sale of the following items(*) / of the provision of the following service(*) / of the supply of digital content in the form of(*):

....................................................................................................................................................................................................................................

....................................................................................................................................................................................................................................

....................................................................................................................................................................................................................................

- Contract(*)/acceptance(*) date ..........................................................................................................................

- Consumer(s) full name: ..............................................................................................................................

- Consumer(s) address: ..........................................................................................................................................

..................................................................................................................................................................................

.............................................................................................
Consumer Signature..........................................................................................................................................................
(only if the form is sent on paper)


Date ............................................

(*) Delete as appropriate.

Terms of Use of Account

Terms of Use of Account at Eudajmonia Wall Artists store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Reservations

§ 1 DEFINITIONS

Account - the free function of the Store (service) regulated in these Terms of Use, thanks to which the Buyer may set up his individual Account in the Store.
Buyer - any entity making purchase in the Store.
Store - Eudajmonia Wall Artists online store run by the Seller at https://www.eudajmonia.eu
Seller - Dariusz Gorstka, entrepreneur conducting business activity under the name Eudajmonia Dariusz Gorstka, entered in the Central Register and Information on Business Activity kept by the minister in charge of economy and keeping Central Register and Information on Business Activity, VAT PL9542378283, VAT GB350509420, VAT DE330992248 REGON 369018385, Gorniczego Stanu 83/2, 40-468 Katowice, Poland.

§ 2 CONTACT WITH SELLER

  1. Postal address: Górniczego Stanu 83/2, 40-468 Katowice, Polska

  2. E-mail address: biuro@eudajmonia.eu

  3. Phone: + 48 578 02 05 12

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning and creation of the Account, you need:

    • An active e-mail account

    • A device with Internet access

    • A web browser that supports JavaScript and cookies

§ 4 ACCOUNT

  1. The creation of an Account is entirely voluntary and depends on the will of the Buyer.

  2. The Account gives the Buyer additional possibilities, such as: browsing the history of orders placed by the Buyer in the Store, checking the status of the order or self-editing Buyer's data.

  3. In order to create an Account, a relevant form must be filled in the Store.

  4. At the moment of creating an Account, a contract is concluded between the Buyer and the Seller for an unspecified period of time for keeping the Account on terms set forth herein.

  5. The Buyer may resign from the Account at any time without incurring any costs.

  6. In order to cancel the Account, the Buyer shall send his resignation to the Seller at biuro@eudajmonia.eu, which shall result in the immediate deletion of the Account and termination of the contract for keeping the Account.

§ 5 COMPLAINTS

  1. Complaints concerning the functioning of the Account should be sent to info@eudajmonia.eu.

  2. The Seller will consider complaints within 14 days.

    OUT-OF-COURT WAYS OF HANDLING COMPLAINTS AND PURSUING CLAIMS

  3. In case the complaint procedure does not bring the result expected by the Consumer, the Consumer may take advantage of, among others:

    1. Mediation carried out by the locally competent Provincial Trade Inspectorate, to which a request for mediation should be addressed. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.

    2. The assistance of a locally competent, permanent amicable consumer court operating at the Voivodeship Inspectorate of Commercial Inspection, to which an application should be submitted for consideration of a case before an amicable court. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.

    3. The online ODR platform is available at: http://ec.europa.eu/consumers/odr/.

§ 6 PERSONAL DATA

  1. The Seller is the Controller of personal data provided by the Buyer while using the Store.

  2. The Buyer's personal data is processed on the basis of a contract and for the purpose of its implementation, in accordance with the principles set out in the General Data Protection Regulation of the European Parliament and the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is contained in the privacy policy posted in the Store.

§ 7 RESERVATIONS

  1. It is prohibited for the Buyer to provide illegal content.

  2. The Contract for maintaining the Account shall be concluded in Polish.

  3. In the event of important reasons referred to in paragraph 4, the Seller shall have the right to amend these Terms of Use of Account.

  4. Important reasons referred to in paragraph 3 are:

    1. need to adapt the Store to the legal regulations applicable to the Store's operations

    2. improving the safety of the service provided

    3. change of Account functionality requiring modification of Account regulations.

  5. The Buyer shall be informed about the planned change of the Terms of Use of Account at least 7 days before the change is implemented by means of an e-mail sent to the address assigned to the Account.

  6. In the event that the Buyer does not express his acceptance of the planned change, he should inform the Seller by sending an appropriate message to the Seller's e-mail address info@eudajmonia.eu, which will result in the termination of the contract for keeping the Account at the time of the planned change coming into force or earlier, if the Buyer makes such a request.

  7. If the Buyer does not object to the planned change until it comes into force, it is assumed that he accepts it, which shall not prevent subsequent termination of the contract, however.

  8. In case of a possible dispute with Buyers other than Consumers, the competent court shall be the court having jurisdiction over the seat of the Seller.

  9. Nothing in these Terms of Use shall exclude or limit in any way the rights of the Consumer under the law.

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