TERMS & CONDITIONS
Terms & conditions of sales www.kataharatym.com
ABOUT THESE TERMS
These Regulations define the rules for using the Online Store located at https://www.kataharatym.com. The online store is run by Katarzyna Haratym-Janik , running a business under the name Kata Haratym Katarzyna Haratym-Janik, ul. Kalwaryjska 28/10, 30-504 Kraków, NIP: 5641760687, REGON: 387559842 (hereinafter referred to as: Katarzyna Haratym-Janik).
§ 1 Definitions of terms
1. Seller – the owner of the website, is Katarzyna Haratym-Janik.
2. User – an entity using the Online Store, being a natural person, a legal person and an organizational unit without legal personality, which the law grants legal capacity, which can purchase Products via the Website.
3. Buyer – a User who has concluded a Sales Agreement with the Seller.
4. Consumer – a natural person purchasing Products via the Online Store for purposes not directly related to his business or professional activity.
5. Online Store – a website operating at https://www.kataharatym.com/ under which the Seller presents and sells its Products.
6. Price – the final gross price of the product, ie including VAT in the currently applicable amount, provided by the Seller on the website.
7. Courier Company – an entity providing transport services with which the Seller cooperates in order to deliver the Products purchased by the Buyer.
8. Product – goods offered by the Seller, located on the website.
9. Sales contract – a contract for the sale of goods concluded between the Seller and the User via the Online Store.
10. Account – the User’s individual administration panel available after registration and logging in to the Online Store, marked with a login and password, used to conclude Sales Agreements.
11. Cart – a form of electronic recording of products selected by the Buyer for the purpose of their subsequent purchase.
12. Distance contract – Contract concluded at a distance by the Seller of the User without the simultaneous presence of two parties to the Agreement. The contract is concluded using the remote communication channels available in the Online Store.
13. Regulations – this document regulating in particular the terms and conditions of using the Online Store.
14. GDPR – Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC.
§ 2 REGISTRATION
1. Before concluding the Sales Agreement, the User may register. The registration consists of completing the appropriate form on the website https://www.kataharatym.com/ by providing your real data, accepting the wording of the Regulations, and clicking the appropriate button confirming the will to register.
2. Providing data as part of registration is voluntary, however, failure to provide data marked in the form as mandatory will prevent registration. After the User completes the fields of the registration form with the required data, the User Account will be created.
3. When the User’s data changes, it is necessary to update them by the User in order to bring them to a state consistent with reality.
4. In order to register, it is necessary to set a password to access the Account. Only the Seller, the User, and the persons to whom the User provided his password will have access to the data in the Account.
5. The registration is aimed in particular at facilitating the purchase of Products by eliminating the need to provide address details when placing subsequent orders. The data provided by the User during registration will be saved, and when purchasing Products, it will only be necessary to confirm their validity by clicking the appropriate button or update them.
6. Registered Users have the right to participate in promotional campaigns and to obtain information about current promotions and new products via e-mail.
§ 3 ORDERS
1. The User may place orders in the Online Store via the website https://www.kataharatym.com/ 7 days a week, 24 hours a day.
2. Orders are processed on all working days from Monday to Friday, from excluding public holidays in Poland and Great Britain.
3. The User places an Order with the Seller after providing the contact details necessary to complete the order, upon clicking the “Add to Cart” or “Pay” button (or another equivalent button on the Store’s website). If the Customer places an Order without registration, before pressing the “Confirm order” button, he is obliged to read the content of the Regulations and consent to the processing of personal data on the terms set out in the Regulations.
4. Acceptance of the order by the Seller for execution takes place by sending an e-mail confirming the order placed by the Buyer to the e-mail address provided by him when placing the order.
5. Until the selection is confirmed with the appropriate button, the User may change and modify the Products in the Cart, as well as contact details for shipping or invoicing.
6. The Seller reserves the right to contact the Buyer by phone if he has provided a telephone number.
7. As a result of placing the Order by the User, a Sales Agreement is concluded, on the basis of which the Seller undertakes to transfer the ownership of the Product to the Buyer and to deliver it to the Buyer, and the Buyer undertakes to pay the Seller the Price and Delivery Costs.
8. After placing the order, the Buyer may change the order or withdraw the order in its entirety, if it has not yet been shipped or handed over for execution, by contacting the Seller by e-mail at the following address: firstname.lastname@example.org
§ 4 WAYS OF PAYMENTS
1. The Buyer may make payments for Products purchased in the Online Store and Delivery Costs on the terms specified by the Seller.
2. The prices given in the Store are gross prices, including tax on goods and services (VAT) in the amount resulting from separate regulations. The delivery costs of the goods are given separately when placing the order.
3. The Buyer has the right to use the following payment method:
1) Electronic payments (online) :
Paying with GBP:
KATA HARATYM Katarzyna Haratym-Janik
Paying with USD:
IBAN: LT97 3250 0866 1917 9185
KATA HARATYM Katarzyna Haratym-Janik
Paying with EUR:
IBAN: LT97 3250 0866 1917 9185
KATA HARATYM Katarzyna Haratym-Janik
Paying with PLN:
50 2360 0018 0107 0000 0089 2664
KATA HARATYM Katarzyna Haratym-Janik
4. The User purchases the goods and orders the service according to prices and the amount of delivery costs applicable at the time of placing the order, which depends on the place of delivery chosen by the Buyer.
5. A bill or a VAT invoice is attached to each order. The condition for receiving a VAT invoice is to mark the information “I want to receive an invoice” in the order form and to provide all the necessary data to issue it.
§ 5 DELIVERY
1. The delivery is made to the address indicated by the User when placing the order. The ordered goods are delivered in the manner chosen by the Buyer.
2. Delivery costs are covered by the Buyer. They are provided in the form filled in by the Buyer to place the Order and are accepted by the Buyer at the time of placing the Order.
3. The date of delivery of the Product to the Buyer is up to 10 business days, unless a different date is specified in the description of the Product or when placing the Order. If the Buyer chooses the method of electronic, this period should be counted from the date of crediting the Seller’s settlement account. If the Buyer chooses the method of payment on delivery – from the date of the Sale Agreement.
4. The Buyer may obtain information about the execution of the order at the following e-mail address: email@example.com
5. The Buyer is obliged to check the condition of the Product after delivery in the presence of a representative of the entity performing the delivery. In the event of damage to the parcel or any shortages, it is necessary to write an appropriate protocol. In the event of the above situations, we recommend that the Buyer contact the Seller as soon as possible at the following e-mail address: firstname.lastname@example.org
§6 PRODUCT REPLACEMENT
1. It is possible to exchange an incorrectly selected size of the Product for another within 14 days of receiving the Product.
2. The Seller should inform the Seller about the willingness to replace the Product by e-mail to the address email@example.com and send the Product back at his own expense.
3. The new Product will be sent at the expense of the Seller to the address previously indicated by the Buyer.
4. The returned Product must not bear any traces of use or damage, it must be in its original packaging and must be returned with a receipt or a VAT invoice. The product showing traces of use, damage or in unoriginal packaging will not be replaced. The Buyer will be informed by the Seller of the failure to replace the Product by e-mail, and the Product will be returned at his expense.
5. Products in which the subject of the service is a non-prefabricated item, manufactured on special orders of the User according to the specification provided by him or to meet his individual needs are not subject to exchange.
§ 7 THE RIGHT TO WITHDRAW FROM THE SALES CONTRACT.
1. The Buyer who is a Consumer has the right to withdraw from the Sales Agreement concluded remotely with the Seller within 14 days from the date of delivery of the Product.
2. The declaration of withdrawal should be submitted in writing or by e-mail to the address firstname.lastname@example.org. Within 14 days from the date of submission of the declaration of withdrawal, the Buyer should send the returned goods to the following address: ul. Kalwaryjska 28/10, 30-504 Kraków, Poland.
3. The returned Product must not bear any traces of use or damage, it must necessarily be in its original packaging and be returned with a receipt or VAT invoice. Any traces of use, damage or lack of the original packaging will result in the Seller’s refusal to accept the return. The Buyer will be informed by the Seller about the refusal to accept the return by e-mail, and the Product will be returned at his expense.
4. In the event of an effective withdrawal from the Sales Agreement, such a contract is considered void, and what the Parties have provided is immediately returned, not later than within 14 days from the date of receipt of the declaration of withdrawal by the Seller. The Seller shall certify to the Buyer the return of the Product immediately upon its receipt.
5. If the return is approved, the Seller will return to the Buyer the entire price paid to the bank account from which the payment was made. The Seller is not obliged to refund the additional costs incurred by the Consumer.
6. In the case of Buyers who are not consumers, the provisions on withdrawal from the Sales Agreement indicated in these Regulations do not apply.
7. The Buyer is not entitled to withdraw from a contract concluded outside the business premises or remotely in relation to a contract where the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs
§ 8 COMPLAIN
1. The basis and scope of the Seller’s liability to the Buyer who is a natural person, who purchases the Product for purposes not related to professional or business activity, for non-compliance of the Product with the Sales Agreement are specified in particular by the Act on specific terms of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws No. 141, item 1176, as amended).
2. Notifications about the Product’s non-compliance with the Sales Agreement should be made via e-mail to the following address: email@example.com or in writing to the following address: ul. Kalwaryjska 28/10, 30-504 Kraków, Poland.
3. Along with the complaint resulting from the Product’s non-compliance with the Sales Agreement, a receipt, VAT invoice or a copy thereof should be sent.
4. The Seller will respond to the Buyer’s request immediately, not later than within 14 days. The response to the complaint is sent to the address provided by the customer.
5. Complaints related to the provision of Electronic Services via the Online Store and other complaints related to the operation of the Online Store should be submitted via e-mail to the following address: firstname.lastname@example.org or in writing to the following address: ul. Kalwaryjska 28/10, 30-504 Kraków, Poland,
6. It is recommended to provide in the description of the complaint as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of irregularities and contact details – this will facilitate and accelerate the consideration of the complaint by the Seller. The complaint is considered by the Seller immediately, not later than within 14 days. The Seller’s response to the complaint is sent to the address provided by the Buyer.
7. If the complaint is considered justified, the Seller shall immediately replace the defective product with a product free from defects or remove the defect. The complaint will be processed within
14 days. If it is not possible to replace the goods, remove the defect or reduce the price, the Seller will refund the amount immediately in accordance with applicable law.
8. Complaints do not apply to Products whose defect arose as a result of improper use of things by the Buyer.
§ 9 WARRANTY
1.Products sold via the Online Store are not guaranteed by the Seller.
2. Products may be advertised under the conditions specified in §8.
§ 10 PERSONAL DATA
These Regulations define the rules of processing and methods of protection of personal data of Users using the Online Store.
2. The administrator of personal data processed as part of the Service is Angelika Józefczyk, running a business under the name: Kata Haratym Katarzyna Haratym-Janik, ul. Kalwaryjska 28/10, 30-504 Kraków, Poland, NIP: 5641760687, REGON: 387559842, hereinafter referred to as the “Administrator”.
3. The processing of personal data takes place in accordance with applicable regulations, in particular in accordance with the GDPR, and in accordance with the provisions of these Regulations.
4. As part of the provision of the Service, Users’ data are collected, processed and used, which is used for the purpose of concluding a sales contract with the User.
5. The basis for processing the User’s personal data is in most cases the consent of the data subject, as well as the need to perform the contract to which he is a party or to take action at his request before its conclusion.
6. In the case of data processing for direct marketing of the Administrator’s own products or services, the basis for such processing is the User’s prior consent.
7. In the case of data processing for the purpose of direct marketing of products and services of entities cooperating with the Administrator, the basis for processing is the User’s prior consent.
8. As part of the Service, the following data is processed:
1) personal data disclosed during the User’s registration process in the form of name and surname, address, gender, telephone number, e-mail or other data disclosed by the User and placed on his Account.
2) other data on the use of the Service, i.e. statistics on the use of the Service based on the legitimate interests of the Administrator (Article 6 (1) (f) of the GDPR).
9. The Administrator makes decisions towards the User in an automated manner on the basis of profiling, i.e. automatic processing of personal data; profiling is the use of computer algorithms to analyze the User’s interactions in order to present him with personalized content.
10. The User has the following rights:
1) the right to access the personal data provided and the right to receive a copy thereof;
2) the right to rectify personal data;
3) the right to delete personal data;
4) the right to request the restriction of the processing of personal data;
5) the right to transfer personal data;
6) the right to object to the processing of the personal data provided;
7) the right to lodge a complaint with the supervisory authority.
11. In order to exercise any of the rights referred to above, the User may submit a request to the Administrator via e-mail to the following address: email@example.com
12. The administrator stores the data for the duration of trade negotiations aimed at concluding a sales contract, and then for the duration of the contract or service, as well as for the period in which he is obliged to store sales documents (i.e. until the tax liability expires, the tax liability expires within 5 years from the end of the calendar year in which the tax payment deadline expired (Article 86 § 1 in conjunction with Article 70 § 1 of the Act of August 29, 1997 Tax Ordinance, i.e. Journal of Laws of 2017, item 201, as amended) After the indicated periods of time, the data will be anonymised by the Administrator and will be stored (processed) only for statistical purposes.
13. Users have the right to inspect their personal data, modify them and request their removal in whole or in part.
§ 11 COOKIES
2. Cookies can be:
1) session files, which means that they are used until the User leaves the Website or until he closes the web browser;
2) permanent files, which means that they remain on the User’s device for the time specified in their parameters or until they are deleted by the User.
3. Cookies can be used for the following purposes:
1) authentication and maintenance of the User’s session on the Website (thanks to this, he does not have to log in to the Account again after switching to the next page – this is how the so-called necessary cookies work);
2) optimizing and improving the performance of the Website – the so-called performance cookies enabling the collection of data on the use of the Website;
3) increasing the functionality and reliability of the Website and access to its full functionality, as well as the correct configuration of selected functions – the so-called functional cookies that allow you to remember the settings selected by the User and personalize the User’s interface, e.g. in terms of the selected language, font size, website appearance, etc.
4) ensuring the security of the Website, e.g. detecting abuses in the authentication process within the Website.
5. The default settings of web browsers usually allow cookies to be saved on Users’ end devices. However, these settings can be changed by Users.
6. The user may limit or disable the access of cookies to his computer using the web browser settings.
7. In accordance with the provisions of the Act of July 16, 2004 Telecommunications Law (Journal of Laws 2004 No. 171 item 1800, as amended), the end user may consent to the storage of information or access to information already stored in the telecommunications end device the end user also by means of the settings of the software installed in the telecommunications end device used by him or the configuration of the service. Therefore, if the User does not want to give such consent, he should change the settings of the web browser.
8. Detailed information on changing browser settings for cookies and their removal can most often be found on the official website of a specific browser.
9. Failure to change the browser settings means acceptance of the placement of cookies on the User’s device.
§ 12 PROTECTION OF INTELLECTUAL PROPERTY
1. The author of the content and graphics on the Website is: Katarzyna Haratym-Janik.
2. The website with all its components is protected by law, in particular by the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws of 2000, No. 80, item 904, as amended) and the Act of
April 16, 1993 on combating unfair competition (Journal of Laws of 1993, No. 47, item 211, as amended).
3. The author of the posted graphic works and content does not consent to their publication or modification in any way (in publications, presentations, websites and otherwise provided for in the Copyright Act) without its written consent.
4. In the event of their unlawful use (regardless of whether the activities related to the use of graphics and content were commercial or non-commercial), the Owner of the Website will take legal action to enforce its rights specified in the Copyright Act and related rights.
5. The User has the right to use all the content published on the Website provided that you do not infringe on any copyright. No part of the Website may be used without the prior consent of the Website Owner.
6. The website owner is not responsible for moral and financial losses incurred as a result of using the content on the website.
7. All names of goods offered for sale by the Store are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law Act and the Copyright and Related Rights Act.
§ 13 FINAL PROVISIONS
1.The content of the Regulations is available to all persons free of charge at www.kataharatym.com/strona/regulamin. The regulations may be viewed and printed at any time.
2. These Regulations enter into force on 02/12/2020 and are valid until the end of the Online Store, subject to the provisions of § 10 of these Regulations, which are valid until the processing of data provided by the User specified in § 10 sec. 12 of the Regulations.
3. The owner is entitled to change these Regulations for important reasons, in particular due to: – change in the scope of services provided;
– technological considerations;
– the need to adapt the Regulations to legal provisions;
– decisions and guidelines of the authorities that apply the law.
4. Amendments to the Regulations come into force on the date indicated by the Administrator, which will each time not be shorter than 7 days from the date of publishing the new Regulations at www.kataharatym.com/strona/regulamin
5. Each User will be informed about changes to the Regulations via the website or the e-mail address provided by him.
6. If the changes to the Regulations are not accepted, the User is obliged to delete their account on the Website.
7. The User has the right to terminate the contract for the provision of electronic services at any time by removing Kona on the Website.
8. The Seller has the right to terminate the contract for the provision of electronic services at any time, with a 14-day notice period, which runs from the date of notification of the User to the e-mail address provided
in the Account, for important reasons such as:
– cessation of business or shop activities;
– violation of the Regulations by the User;
– non-acceptance of the amended Regulations by the User.
9. Correspondence addressed to the website owner should be translated into Polish or English.
10. In matters not covered by these Regulations, the following universally binding provisions of Polish law.