Terms of Service
I. General Provisions
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These Terms and Conditions of the Views Gallery online store (hereinafter: "Terms and Conditions") set out the rules governing the use of the Views Gallery online store, the creation of a User Account, making purchases in the online store, delivering ordered products to the Buyer, payment for products, as well as the rights and obligations of the Seller and the User, the Seller's liability, and the procedure for submitting complaints via the online store.
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The operator of the service and the owner of the online store is FALSE Krzysztof Miśtal, Łukasiewicza 7, 45-518 Opole, NIP: 8992852962 (hereinafter: the "Seller").
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Before using the online store, each User is required to read these Terms and Conditions. The Terms and Conditions are available on the Views Gallery website.
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From the moment the User starts using the online store and accepts the conditions of these Terms and Conditions, the User is obliged to comply with the provisions of the Terms and Conditions.
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By registering a User Account, an agreement for the provision of electronic services between the Seller and the User is concluded, in connection with the use of the online store, including in particular services that provide access to the functionalities of the online store.
II. Definitions
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Business Days – weekdays from Monday to Friday, excluding statutory holidays.
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Delivery – the actual process of delivering goods, specified in the Order, by the Seller to the Buyer, according to the form of delivery chosen by the Buyer and available in the Seller's offer. The Seller is responsible for the correctness of the Delivery.
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Password – an alphanumeric string necessary for authorization when accessing the User Account, set by the User during the account registration process.
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Marketing Information – information in the form of an email sent by the Service Operator periodically via email to the address provided by the User, containing marketing and promotional information.
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Buyer – the User using the Service, especially placing an Order for selected Products through the Service.
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User Account/Account – an individual account of the User allowing full use of the Service's functionalities, including placing orders, making payments, and accessing the order history.
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Login – the User's email address or another string of characters allowing for the identification of the User provided during the creation of the User Account.
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Privacy Policy – a document containing detailed information on the protection of personal data of Users of the online store, regulating in particular the rules for processing personal data of these Users.
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Product – a movable item/service available in the Seller's offer that is the subject of the Sales Agreement between the Buyer and the Seller. Commercial information about the Product on the Service does not constitute an offer within the meaning of the Civil Code and should be treated as an invitation to submit offers by the Client to conclude a Sales Agreement.
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Terms and Conditions – the Terms and Conditions of the Views Gallery online store.
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Service – the online platform at the domain www.viewsgallery.com.
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Online Store – the online store operated by the Seller available at the address www.viewsgallery.com.
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Seller – FALSE Krzysztof Miśtal, Łukasiewicza 7, 45-518 Opole, NIP: 8992852962.
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Agreement – the agreement concluded between the User and the Seller for the provision of electronic services under the terms and conditions specified in the Terms and Conditions.
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Sales Agreement – an agreement concluded through the Service between the Buyer and the Seller, the subject of which is the preparation and delivery of the Product ordered by the Buyer.
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Services – any services provided electronically via the online store by the Seller to Users.
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User – a natural person using the services available in the online store.
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Order – a declaration of intent by the Buyer, placing an offer to conclude a Sales Agreement with the Seller, specifying the type of Product ordered, quantity, price, delivery method, and payment method. Once the Order is accepted by the Seller, the Sales Agreement is executed.
III. Technical Requirements
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Access to the content published in the online store and use of its functionalities described in the Terms and Conditions is free of charge. The condition for gaining access to the online store’s functionalities is the use of a device communicating with the Internet, equipped with a commonly used web browser, and for Users who register a User Account – also having an email account operating on any server (other than temporary or anonymous servers).
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Browsing the Product assortment and placing an Order do not require registration of a User Account.
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The Buyer may place Orders for Products in the Seller's offer either by creating a User Account in the online store or without registration by providing necessary personal and address details to enable the Order’s fulfillment.
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The Seller reserves the right to temporarily make the service or some of its functionalities unavailable, including for essential maintenance and repair work. The Seller will notify in advance about planned maintenance via an announcement in the online store. The Seller also reserves the right to cease providing Services and delete the User Account in case of non-compliance with the Terms and Conditions or if effective provision of services becomes impossible due to the User's fault.
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Data transmission costs necessary to use the online store are borne by Users at their own expense, based on agreements made with telecommunications operators or other internet service providers. The User is responsible for any charges related to data transmission required to use the online store.
IV. Registration of the Account in the Service and Conditions for Providing Services
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Registering a User Account allows the User to view the Order history, track the stages of Order fulfillment, make payments, and use other functionalities provided to registered Users.
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The User can register a User Account in the online store by completing an electronic form available in the online store, providing an email address and a password. Creating and using the account is free of charge. Registration is not required to place an Order.
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Upon successful registration, the User gains access to the Account they created, which they can use within the online store by providing the Login and Password submitted during registration (login process).
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Buyers placing an Order must be individuals who are at least 16 years old and have the legal capacity to perform legal acts allowing them to effectively place a specific Order.
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The electronic service agreement for maintaining the Account is concluded between the User and the Seller at the moment the User gains access to the Account created for them.
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The Account contains the User’s data provided in the registration form and the history of their Orders. In the event of any changes to the data in the Account, the User is obliged to promptly update them. The User is responsible for providing incomplete, outdated, or inaccurate data or for failing to update their data accordingly.
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By creating an Account, each User simultaneously declares that:
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the data provided is complete and true;
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they are authorized to enter into an electronic service agreement;
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the data provided does not infringe any third-party rights;
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they have read the Terms and Conditions and agree to comply with them.
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The User may not share access to the Account with others, including disclosing the Password used to access the Account. The User is obliged to keep their Account Password confidential and secure it against disclosure. The User must immediately inform the Seller if their Account access details are obtained by third parties and explain the circumstances of this breach.
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The Account is maintained for the User for an indefinite period. The User may request at any time that the Account be discontinued without providing reasons. Regardless of the above, a User who has registered but has not placed an Order or used any electronic services provided by the Seller may withdraw from the agreement concluded at the time of registration without giving reasons within 14 days from the date of registration.
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The Seller provides the User with the following services:
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viewing the assortment of Products;
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placing Orders for Products, which includes entering into a Sales Agreement through the Service, online payment, and delivery of the Product under the Sales Agreement;
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submitting complaints or statements of withdrawal from the Sales Agreement;
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receiving marketing information in the form of a Newsletter;
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contacting the Seller via an interactive form available in the online store;
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adding comments to Products, adding reviews about the Seller, and rating Products.
V. Purchases
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The parties to the Sales Agreement concluded through the online store are the Seller and the Buyer. From the moment the Seller confirms the Order, the Seller bears sole responsibility for the correct execution of the Order.
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The online store publishes information about Products and the terms for placing Orders and Delivery. This information does not constitute an offer but is an invitation to submit offers as described in the product information. When the Buyer selects Products and places an Order, this constitutes an offer to conclude a Sales Agreement for the specified Products.
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The Buyer selects Products by adding them to the virtual shopping cart. Placing Products in the cart does not reserve them. If the available quantity of Products is exhausted before the Order is confirmed by the Buyer, the Seller reserves the right not to accept the Order for processing.
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After selecting a Product, and before choosing a payment method, the Buyer must provide a complete and correct delivery address and a phone number that should remain unchanged until the delivery. Changes to the delivery address are only possible in exceptional circumstances, after agreement with the Seller and before handing the Products to the carrier for delivery.
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After the Buyer places the Order and selects a payment method, the Buyer will receive an electronic confirmation of the Order from the Seller. Upon receiving this confirmation, the Sales Agreement between the Seller and the Buyer is concluded. If part of the Order has been confirmed, the Sales Agreement will only be concluded for the confirmed Products.
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If the Seller is unable to fulfill the order, in whole or in part, because the Product is unavailable or due to unforeseen circumstances, such as the Product not being delivered to the Seller or being damaged or lost, the Seller will promptly inform the Buyer and refund the received price or provide a substitute product of the same value, based on the Buyer’s choice and consent.
VI. Payment
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Payment is made by the Buyer to the specified bank account using electronic payment methods provided by a specialized payment institution with which the Seller has entered into an agreement.
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When making a payment, the Buyer is redirected to a webpage enabling the payment, such as the Buyer’s bank login page or the Card Authorization Center. If payment for the Product is not made within 3 days from the date of the Order, the Order placed by the Buyer will be canceled, and the lack of payment will be treated as the Buyer’s withdrawal from the Sales Agreement.
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The price of the Product, as indicated in the product description, includes taxes and all fees required by applicable law. The price does not include Delivery costs, which are specified separately.
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The purchase of the Product is documented by the issuance of a receipt or VAT invoice. The Buyer agrees to receive electronic versions of accounting documents, such as VAT invoices with attachments, including corrective VAT invoices, at the email address provided during registration.
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The Seller may conduct promotional campaigns and sales under separately specified conditions.
VII. Delivery of Products
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The place of performance of the Sales Agreement by the Seller is the location where the Product will be delivered, i.e., the delivery address specified in the Order.
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The Seller informs the Buyer about the delivery costs in the Order summary, before the Buyer places the Order.
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The Delivery time for the Ordered Products is indicated in the Order summary. The specified shipping time includes business days.
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Product deliveries are made by specialized carriers, the list of which, along with the regulations governing the delivery services provided by each carrier, is available in the online store. The Buyer is informed about the delivery details, including which carrier will deliver the shipment, along with a tracking link to monitor the delivery stages via email.
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The Buyer is obliged to inspect the condition of the Product or, if this is difficult, the condition of the package (shipment) immediately upon delivery. In case of any damage that may have occurred during transport, the Buyer should create an appropriate damage report and immediately inform the Seller.
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The Seller is not responsible for the failure to deliver the Product due to reasons on the Buyer's part, such as providing an incorrect or incomplete delivery address that prevents the shipment from being delivered. In such cases, the Seller will inform the Buyer about the failed delivery attempt.
VIII. Marketing Information (Newsletter)
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As part of the electronic services provided, the Seller may send marketing information, such as a Newsletter, to the email address provided by the User.
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The User may consent to receiving marketing information by marking the appropriate consent statement during the User Account registration process in the online store or by entering their email address in the dedicated functionality available in the online store.
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The Seller sends marketing information free of charge until the User withdraws their consent.
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The individual messages sent as part of the marketing information are copyrighted works and are protected by law. Any copying, modifying, or use of such content in a way that is inconsistent with its intended purpose or without the Seller’s consent may constitute a violation of the law.
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The User can unsubscribe from receiving marketing information at any time by:
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Logging into their User Account and unsubscribing from the profile settings;
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Clicking the "Unsubscribe" link included in the marketing message;
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Sending a request directly to the Seller's contact address.
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The Seller may suspend or discontinue sending marketing information after informing the User of this through an announcement in the online store.
IX. Personal Data
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The data controller is the Seller, whose identity and contact details are provided in §1 section 2 of the Terms and Conditions.
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The Seller processes personal data necessary to conclude and perform the contract under Article 8, section 2 of the Act of July 18, 2002, on the provision of electronic services, including in particular for the purposes specified in §4 section 8 of the Terms and Conditions.
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The Seller processes personal data in accordance with applicable laws, including in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR).
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The Seller processes personal data:
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Based on Article 6, section 1, letter b GDPR, i.e., for the purpose of taking actions at the request of the individual prior to signing the agreement and then executing its provisions;
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Based on Article 6, section 1, letter c GDPR, i.e., for the purpose of fulfilling legal obligations imposed on the Seller;
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Based on Article 6, section 1, letter a GDPR, i.e., for the purpose of sending marketing information to the User who has given consent for this;
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Based on Article 6, section 1, letter f GDPR, i.e., for the purpose of fulfilling the legitimate interest of the Seller, which involves protecting their own interests, pursuing, and defending against potential claims.
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Personal data will be processed for the period during which the person remains an active User of the online store, and after that for the period necessary to comply with legal requirements, pursue or defend against potential claims, but not longer than 6 years from the date of termination of the electronic services agreement.
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The User has the right to access their personal data, correct, delete, restrict processing, transfer it, object to processing based on legitimate interest, and withdraw consent at any time, provided that the withdrawal of consent does not affect the lawfulness of processing carried out before the withdrawal.
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The User's personal data is not transferred to third countries or international organizations and is not used for automated decision-making, including profiling.
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In matters not regulated by these Terms and Conditions, the principles for the processing of personal data and the protection of the User's privacy are specified in the "Privacy Policy" document available in the online store.
X. Complaints
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The Buyer may submit complaints to the Seller, especially in case of non-compliance of the Product with the Sales Agreement or defects in the Product, as well as if the Seller's actions are carried out improperly or in violation of the Terms and Conditions.
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Complaints can be submitted electronically or in writing to the Seller's address. Both the Seller's email address and delivery address are provided in the Order confirmation.
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A complaint should include: the Buyer's name and contact details, a description of the Order to which the complaint relates or other circumstances justifying the complaint, as well as specific demands of the Buyer regarding the complaint. If the complaint concerns a Product, the Buyer should return the Product subject to the complaint along with confirmation of the Order.
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If the information provided in the complaint requires supplementation before it can be processed, the Seller will contact the Buyer requesting supplementation within the specified time.
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The Seller will address the complaint within a maximum of 14 days from the date of receipt. If the complaint is rejected, the Seller will inform the Buyer, providing the reasons for this decision.
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The Seller does not accept shipments sent by cash on delivery.
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The refund of the price paid by the Buyer will be made in the same way as the payment method chosen by the Buyer.
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A Buyer who is a consumer may use out-of-court methods of resolving complaints and pursuing claims, including the following:
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Submitting the case to a permanent consumer arbitration court operating at the Trade Inspection for a resolution of the dispute;
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Applying to the provincial inspector of the Trade Inspection for mediation proceedings to settle the dispute amicably;
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Seeking free assistance regarding out-of-court dispute resolution and claims from municipal (district) consumer advocates and consumer protection organizations;
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Using the European ODR platform.
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A Buyer purchasing the Product in connection with their professional or business activities (a non-consumer Buyer) has the right to file a complaint in accordance with the law, but the Seller's liability for defects is limited to the Buyer's right to request the removal of the defect or replacement of the Product. The Seller may also withdraw from the Sales Agreement and refund the price paid for the defective Product.
XI. Withdrawal from the Sales Agreement
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A Buyer who is a consumer and has entered into a distance contract may withdraw from the Sales Agreement within 14 days from the day of receiving the Product, without providing a reason, by submitting a statement to the Seller regarding the withdrawal from the Sales Agreement.
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The withdrawal from the Agreement may be made electronically by sending an email to the Seller's address provided in the Order confirmation. If the Buyer has purchased more than one Product in a single Order, the withdrawal may apply to all or only selected Products, provided that if the Product is sold as a set, kit, or bundle, the withdrawal may only apply to the entire set, kit, or bundle.
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In the case of withdrawal from the Sales Agreement, the contract is considered void with regard to the Product (set, kit, or bundle) from which the Buyer has withdrawn. The return must occur immediately, but no later than 14 days from the day the Buyer withdraws from the contract. The cost of returning the Product to the Seller is borne by the Buyer. In the case of a valid withdrawal from the Sales Agreement, the Seller will refund the amount paid by the Buyer for the Product and the delivery costs (up to the cost of the cheapest delivery option available for that offer) in the same manner as the payment method chosen by the Buyer for the Product. If the Buyer used a discount when purchasing the Product, the refund will be reduced by the value of the discount applied, which the Buyer may continue to use under the terms assigned to that discount.
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If the Buyer exceeds the deadlines for withdrawal from the Sales Agreement specified in this article, the Seller will return the Product to the Buyer at the Buyer's expense. Failure to follow the procedure for withdrawal from the Sales Agreement described above may result in a significant delay in the completion of the withdrawal procedure, and thus the refund to the Buyer.
XII. Termination of Use of the Online Store
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The provision of services within the Online Store is indefinite; however, the User may terminate the Agreement for the provision of electronic services on the terms specified in the Terms and Conditions at any time.
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The User may submit a statement of termination of the Agreement by using the settings available in their profile, in writing, or electronically by sending it to the Seller's address.
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The Seller may terminate the Agreement for the provision of electronic services immediately if:
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The User violates the provisions of the Terms and Conditions or any separate regulations accepted by the User concerning other services related to the Online Store; or
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The User has provided false, outdated, incorrect, or incomplete data or has provided data belonging to other individuals.
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In cases other than those specified in section 3 above, the Seller may terminate the Agreement with a 14-day notice period.
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The consequence of the termination of the Agreement is the deletion of the Account created upon its conclusion. Deletion of the Account does not automatically remove all content posted by the User in the Online Store, with the exception of rights specified in section 4 above, and does not delete any reviews or comments on Products.
XIII. Final Provisions
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The Seller reserves the right to amend the Terms and Conditions in case of:
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The occurrence of important technical and organizational reasons, such as the emergence of new technologies and IT systems affecting the provision of the Service;
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Changes to applicable legal provisions, if they directly and mandatorily apply to the Services provided to Users;
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The need to adjust the Terms and Conditions to the positions of court rulings or administrative decisions, if such rulings or decisions specify the obligation to change the Terms and Conditions.
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Changes to the Terms and Conditions will not:
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Require the User to make payments or additional fees;
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Violate the essence of the concluded Service Agreements;
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Apply to Orders placed in the Online Store and Sales Agreements concluded with Customers before the change.
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The Seller will inform the User of changes to the Terms and Conditions no later than 14 days before the proposed date of the changes coming into effect, by sending an email to the address associated with the User's Account, notifying the User of the change along with an updated version of the Terms and Conditions, and by publishing the announcement with the updated Terms and Conditions in the Online Store.
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The change to the Terms and Conditions will become effective on the date specified in the notification and announcement, unless the User, within 14 days of receiving the modified Terms and Conditions, submits an email statement refusing to accept the new version of the Terms and Conditions. This statement will be considered as termination of the agreement for the provision of electronic services regarding the User's Account.
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The changes to the Terms and Conditions will not infringe on the User's acquired rights, which specifically means that Orders placed by the User before the changes to the Terms and Conditions came into effect will be processed according to the provisions of the Terms and Conditions accepted by the User before placing the Order.
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Users are prohibited from using graphical elements (including Seller logos), layouts, compositions of web pages, or any other intellectual property rights of the Seller without the Seller’s explicit written consent.
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The law applicable to Sales Agreements concluded between the Buyer and the Seller under the Terms and Conditions is Polish law.
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In matters not regulated by these Terms and Conditions, the provisions of universally applicable Polish law apply, including the Civil Code, GDPR, and the Act on the Provision of Electronic Services.
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Any disputes arising from the application of these Terms and Conditions between a non-consumer Buyer and the Seller will be resolved by the competent common court for the Seller.
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Reading the entire document entitles you to a one-time 10% discount using the code IREADFINEPRINT.
Effective date of the Terms and Conditions: 01.10.2024