MARY IN A BUBBLE
maria martin olszewska
ilustracje
Terms and Conditions of the maryinabubble.com Website
I Introductory Provisions
1. The website www.maryinabubble.com is operated by Maria Martin-Olszewska, conducting business under the name Mary in a buble Maria Martin Olszewska, entered into the Central Register and Information on Business Activity (CEIDG) maintained by the minister responsible for the economy, Tax Identification Number (NIP) 7782074680, National Business Registry Number (REGON) 522036293
II Definitions
1. Business Days – days from Monday to Friday, excluding public holidays.
2. Seller – Order Executor
3. Consumer – a consumer within the meaning of the Civil Code.
4. Buyer – any entity placing an Order using the Contact form.
5. Preferred Buyer – a Consumer or a Preferred Entrepreneur. 6. Privileged Entrepreneur – a natural person entering into a contract with the Seller directly related to their business activity, but not of a professional nature (this definition applies to contracts concluded from January 1, 2021).
7. Terms and Conditions – these terms and conditions.
8. Website – the website www.maryinabubble.com is operated by Maria Martin Olszewska, conducting business under the name Mary in a buble Maria Martin Olszewska, entered into the Central Register and Information on Business Activity (CEIDG) maintained by the minister responsible for the economy, Tax Identification Number (NIP) 7782074680, National Business Registry Number (REGON) 522036293.
III Contacting the Seller
1. Seller's address: ul. Jastrowska 15, 64-500 Szamotuły
2. Seller's email address: ilustracja@maryinabubble.com
3. Seller's telephone number: +48 785776485
4. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph from 9:00 AM to 4:00 PM.
IV Technical Requirements
1. To use the website, browse the content, and contact the Customer, the following is required:
a. a device with internet access and a web browser such as Firefox, Safari, Chrome, or Opera,
b. an active email account,
c. cookies enabled
V General Information
1. To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the functioning of the website, caused by force majeure, unauthorized actions of third parties, or incompatibility of the website with the Customer's technical infrastructure.
2. Viewing the content does not require creating an account or providing personal information. Data
3. Prices listed on the website are in Polish zloty and are gross prices.
4. The final payment amount by the Customer consists of the price of the product and the cost of delivery (including transportation, shipping, and courier fees), about which the Customer is informed in messages from the Seller.
VI Ordering Procedure
To place an Order, you must:
1. Send a message to the Seller specifying the Product that is the subject of the Order.
2. Based on the above-mentioned messages, the Seller prepares the order.
3. An individual order prepared according to the Customer's specifications is preceded by a detailed discussion of the subject of the order and the preparation of a preliminary design.
4. After the Customer accepts the preliminary design, the Seller (Contractor) begins processing the Order within the time agreed with the Customer.
5. When the Order is ready, the Seller sends a confirmation of the Order completion along with an invoice and the amount due.
6. After the Customer settles the payment via bank transfer to the bank account indicated in the invoice, the Seller is obligated to send the Order within 24 hours. 7. Delivery countries: Poland, European Union
8. Purchased goods are delivered depending on the chosen delivery method:
- via courier
- to InPost parcel lockers
VII Right of Withdrawal
1. The privileged buyer has the right to withdraw from the contract concluded with the Seller via the Website, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
2. The withdrawal period expires after 14 days from the date:
- on which the privileged buyer acquired possession of the goods or on which a third party other than the carrier and indicated by the privileged buyer acquired possession of the goods;
- on which the privileged buyer acquired possession of the last item or on which a third party other than the carrier and indicated by the privileged buyer acquired possession of the last item in the case of a contract requiring the transfer of ownership of multiple items that are delivered separately.
- In order for the privileged buyer to exercise the right to withdraw from the contract, they must inform the Seller, using the information provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by means of an unequivocal statement (e.g., a letter sent by post or information sent by email).
- The privileged buyer may use the withdrawal form template provided at the end of this document.
- The privileged buyer may use the withdrawal form template provided at the end of the Terms and Conditions, but this is not mandatory.
- To meet the withdrawal deadline, the privileged buyer must send information regarding the exercise of their right to withdraw from the contract before the expiry of the withdrawal period.
VIII Consequences of withdrawal
1. In the event of withdrawal from the concluded contract, the Seller shall refund to the privileged buyer all payments received from them, including the costs of delivery of the goods (excluding additional costs resulting from the privileged buyer's choice of a delivery method other than the cheapest standard delivery method offered by the seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the privileged buyer's decision to exercise the right of withdrawal.
2. The seller will refund the payments using the same payment methods used by the privileged buyer in the original transaction, unless the privileged buyer agrees to a different solution. In any case, the privileged buyer will not incur any fees in connection with this refund.
3. The Seller may withhold reimbursement until receipt of the goods or until proof of return is provided, whichever occurs first.
4. The Seller requests that the goods be returned to the following address: Jastrowska 15, 64-500 Szamotuły, Poland, immediately, and in any case no later than 14 days from the date on which the Privileged Buyer informed the Seller of their withdrawal from the sales contract. This deadline is met if the Privileged Buyer returns the goods before the 14-day period expires.
5. The Privileged Buyer bears the direct costs of returning the goods.
6. The Privileged Buyer is only liable for any diminished value of the goods resulting from their use in a manner other than necessary to establish the nature, characteristics, and functioning of the goods.
7. If, due to their nature, the goods cannot be returned by standard post, the Privileged Buyer will also bear the direct costs of returning the goods. The Privileged Buyer will be informed of the estimated amount of these costs by the Seller in the product description in the Store or when placing the order.
IX Exceptions to the Right of Withdrawal
1. The right to withdraw from a distance contract, as referred to in § 7 of the Terms and Conditions, does not apply to contracts:
- where the subject of the contract is a non-prefabricated item, manufactured according to the specifications of the privileged Buyer or intended to meet their individual needs;
- where the subject of the contract is an item that spoils quickly or has a short shelf life;
- where the subject of the contract is an item delivered in a sealed package that cannot be returned after opening for health or hygiene reasons if the package was opened after delivery;
- where the subject of the contract is items that, due to their nature, are inseparably connected with other items after delivery;
- where the subject of the contract is audio or visual recordings or computer programs delivered in a sealed package if the package was opened after delivery; - for the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements;
- 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 expiry of the withdrawal period.
X Complaints
1. In the event of a defect in the goods, the Consumer may file a complaint about the defective goods under the warranty or guarantee regulated in the Civil Code, provided that a guarantee has been granted.
2. Under the warranty, the Consumer may, under the terms specified in the Civil Code:
- submit a declaration of price reduction,
- in the case of a significant defect, submit a declaration of withdrawal from the contract,
- request the replacement of the goods with a defect-free item,
- request the removal of the defect.
3. The Seller requests that complaints under the warranty be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions. 4. If it turns out that the defective goods must be delivered to the Seller to resolve the complaint, the Consumer is obligated to deliver the goods at the Seller's expense to the following address: Jastrowska 15, 64-500 Szamotuły
5. If the goods are covered by an additional warranty, information about it and its terms is available in the product description in the Store.
6. Complaints regarding the operation of the Store should be sent to the email address indicated in § 2 of the Terms and Conditions.
7. The Seller will consider the complaint within 14 days.
XI Extrajudicial Complaint and Redress Procedures
1. If the complaint procedure does not produce the desired result, the Consumer may use, among other options:
- mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. 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;
- assistance from the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for arbitration should be submitted. As a rule, the procedure is free of charge. The list of courts can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
- free assistance from the municipal or district consumer ombudsman; - the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
XII Personal Data
1. The Seller is the controller of the personal data provided by the Buyer when using the Store. Detailed information regarding the processing of personal data by the Seller – including other purposes and basis of data processing, as well as data recipients – can be found in the Privacy Policy available in the Store – in accordance with the principle of transparency set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) – "GDPR."
2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for the processing of personal data in this case is:
- the contract or actions taken at the Buyer's request to conclude it (Article 6, Section 1, Letter b of the GDPR),
- the Seller's legal obligation related to accounting (Article 6, Section 1, Letter c), and
- the Seller's legitimate interest in processing data for the purpose of establishing, pursuing, or defending potential claims (Article 6, Section 1, Letter f of the GDPR).
3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of the contract in the Store.
4. The Buyer's data provided in connection with purchases in the Store will be processed until:
- the contract concluded between the Buyer and the Seller ceases to be valid;
- the Seller ceases to be under a legal obligation to process the Buyer's data;
- the possibility of pursuing claims by either the Buyer or the Seller related to the contract concluded by the Store ceases to exist;
- the Buyer's objection to the processing of their personal data will be accepted – if the basis for the data processing was the Seller's legitimate interest.
5. Depending on what is applicable in a given case and what occurs at the latest. The Buyer has the right to request:
a. access to their personal data,
b. rectification,
c. erasure,
d. restriction of processing,
e. transfer of data to another controller.
as well as the right to:
- object at any time to the processing of their personal data for reasons related to the Buyer's specific situation – to the processing of their personal data, based on Article 6, Section 1, Letter f of the GDPR (i.e., the legitimate interests pursued by the controller).
6. To exercise their rights, the Buyer should contact the Seller using the details provided in § 2 of the Terms and Conditions.
7. If the Buyer believes that their data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Office.
XII Disclaimers
1. The Buyer is prohibited from providing illegal content.
2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and purpose of fulfilling the order.
3. Contracts concluded under the Terms and Conditions are concluded in Polish.
4. In the event of a dispute with a Buyer who is not a privileged Buyer, the competent court will be the court having jurisdiction over the Seller's registered office.
5. Any liability of the Seller towards a Buyer who is not a privileged Buyer, to the extent permitted by law, is excluded.
6. Liability under warranty towards a privileged Entrepreneur is excluded.
I declare that all information, graphics, and products posted on the website are the property of Maria Martin-Olszewska. I do not authorize the copying or downloading of graphics without consent.