Legal notice

Regulations of the Online Store Marlena Koleśnik pp.h.u.gallart

Good morning!

Now time for formalities. At the beginning, our full registered data as the store administrator and the seller: Kamil Kolesniki, operating under the company Marlena Koleśnik pp.h.u.gallart, ul. Begoo 51 D, 38-400 Krosno, NIP: 6842426139.

Below you will find the regulations in which information has been included, among others on the method of placing an order leading to the conclusion of a contract, details on the implementation of the concluded contract, forms of delivery and payments available in the store, the procedure for withdrawing from the contract or complaint.

In case of any comments, questions, doubts, we are at your disposal at biuro@gallart.pl

Greetings and wish you successful purchases
Team of the Gallart.pl Online Store.

• 1

Definitions

For the purposes of this Regulation, the following meaning of the following concepts are adopted:

1. Buyer - a natural person, a legal person or a disadvantaged legal person,
2. Consumer - a natural person, containing a sales contract with a seller not related to its economic or professional activity,
3. Regulations - These regulations, available at the address https://gallart.pl/policies/terms-of-service,
4. Shop - Online store running at the address https://gallart.pl ,
5. Dealer – Marlena Koleśnik pp.h.u.gallart

• 2

Preliminary provisions

1. Through the store, the Seller conducts retail sales, simultaneously providing services to buyers electronically. Through the store, the buyer can purchase products visible on the store's pages.
2. Regulations defines the principles and conditions for the use of the Store, as well as the rights and obligations of the seller and buyers.
3. To use the store, including in particular to make a purchase in the store, it is not necessary to meet special technical conditions by a computer or other buyer device. They are sufficient:
1. Internet access,
2. standard operating system,
3. standard web browser,
4. Having an active e-mail address.
4. The buyer can not make a purchase in an anonymously or under a pseudonym.
5. It is forbidden when using the store to provide unlawful content, in particular by transferring such content through the forms available in the store.
6. All products prices given on the store pages are gross prices.

• 3

Services provided electronically

1. Through the store, the Seller testifies to the Buyer services electronically.
2. The basic service provided electronically to the buyer by the seller is to enable the buyer to submit an order in the store leading to concluding with the dealer of the contract. Placing an order It is possible without having an account in the store.
3. If the buyer decides to set up an account in the store, the Seller also provides a service to the buyer by electronic means consisting in the assumption and maintenance of an account in the store. In the account, the buyer's data and history of orders submitted in the store are stored. The buyer logs in to the account using his e-mail address and a password defined.
4. Establishment of an account in the store takes place by selecting the appropriate checkbox in the process of placing an order or filling out an independent account registration form available in the store. The buyer can delete an account at any time from the account management panel or by sending the relevant request to the seller. Deleting an account will not delete information about complex orders using accounts which this seller will keep stored until the limitation of claims from the contract concluded through the store / throughout the operation of the store, unless the buyer will oppose the storage of this information, and the seller does not He will have an overarching interest in their storage.
5. If the Buyer decides to sign up for the Newsletter, the Seller also provides a service to the Buyer by electronic means consisting in transferring e-mails containing information about new products, promotions, seller's products. Recording to the Newsletter takes place by completing and sending a subscription form to the Newsletter or by selecting the relevant checkbox in the ordering process. The buyer may at any time opt out of receiving a newsletter by clicking the button for resignation visible in any message sent under the newsletter or by sending a request to the seller.
6. Services are provided electronically to the buyer free of charge. On the other hand, sales contracts concluded through the store are paid.
7. In order to ensure the security of the Buyer and Data Transmission in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the degree of security risk of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
8. The Seller undertakes actions to ensure fully correct operation. The buyer should inform the seller of any irregularities or interruptions in the functioning of the store.
9. Any complaints related to the functioning of the store, the buyer may report via email to the e-mail address biuro@gallart.pl. In the complaint, the buyer should specify the type and date of the occurrence of irregularities associated with the functioning of the store. The Seller will consider any complaints within 14 days of receiving a complaint and will inform the Customer about its resolution on the e-mail address of the complaint.

• 4

Order

1. The buyer can submit an order as a registered customer or as a guest.
2. A registered customer is a buyer who has an account in the store. The buyer can set up an account by selecting the appropriate checkbox in the process of placing an order or filling out an independent account registration form available in the store.
3. If the buyer has an account in the store, before placing the order he should log in. Login It is also possible to place the order by clicking on the link available as part of the displayed message.
4. Submission of the order takes place by completing the order form after adding to the basket of interesting buyer products. In the form, it is necessary to provide the data necessary to perform the order. At the stage of placing the order, there is also a choice of delivery of ordered products and selecting the payment method for request. The condition for placing the order is the acceptance of the regulations with which the buyer should first familiarize himself. In case of any doubts about the regulations, the buyer may contact the seller.
5. The ordering process ends by clicking the final button. Clicking on the final order button is a statement by the buyer's will leading to conclusion with the seller of the Sales Agreement,
6. If the buyer chose on-line placement, after clicking the final button, the order will be redirected to the payment gate supported by the external payment operator to make payments for the order. If the buyer chose the payment by bank transfer, after clicking on the final button, the order will be redirected to the order confirmation store and the payment instructions. Payment for the order should take place within 7 days from the conclusion of the contract.
7. In the order form, the buyer must provide real personal data. The buyer is responsible for providing false personal data. The Seller reserves the right to suspend the implementation of the contract when the Buyer gave false data or when these data arouse justified doubts of the seller as to their correctness. In this case, the buyer will be informed by phone or via e-mail about the doubts of the seller. In such a situation, the Buyer is entitled to explain all circumstances related to verifying the veracity of the given data. In the absence of data allowing the Seller to make contact with the Buyer, the Seller will give all explanations after making the buyer.
8. The buyer declares that any data provided by him in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such a right in accordance with paragraph 7 above.

• 5

Delivery and payment

1. Available to choose the method of delivery of the order are described on the store's website and are presented in the buyer at the stage of placing the order. The cost of delivery costs a buyer, unless the seller shows differently on the store's website. The seller has the right to decide on the distribution of the order into several separate shipments without incurring additional costs by the buyer.
2. Available payment methods for the order are described on the Store's website and are presented at the buyer at the stage of ordering.
3. Electronic payments, including payment card payment, They are supported by transfers24.
4. If the buyer asked to issue an invoice, it will be delivered by the buyer electronically, on the e-mail address provided in the order form.

• 6

Execution of the contract

1. The order implementation consists in completing the ordered products, packaging them to deliver to the Buyer and broadcasting the shipment to the Buyer in accordance with the order for the purchase selected by the Buyer.
2. The order is considered to be implemented upon shipment to the Buyer (entrusting the shipment of the carrier to the carrier to transport).
3. The ordering time is always indicated for each product. The ordered products should be issued to the consumer within 30 days, unless the product description has been clearly marked by the Seller a longer term. In this situation, by placing an order, the buyer agrees to the longer date of the order resulting from the product description.
4. If the buyer ordered products with a different time of implementation, binding for the Seller the date of fully the order is the longest of all products included in the contract, with the Seller to propose a division of the contract into several independent shipments to the objectives of acceleration of the implementation time in relation to the part of the products.

• 7

Withdrawal from the consumer contract

1. A consumer who has concluded a distance contract with the seller has the right to withdraw from the contract without giving a reason within 14 days from the day of taking part in possession of purchased items.
2. Starting from 01.01.2021, the right to withdraw from the contract on the terms described in this paragraph and arising from the Act on the Consumer Rights are also entitled to a natural person containing a contract directly related to its economic activity when the content of this agreement shows that no It has a professional character for this person, resulting in particular from the subject of economic activity performed by it, made available on the basis of central regulations and information about business. Therefore, when in this paragraph refers to consumer privileges, from 01.01.2021, these powers also apply to a person who fulfills the above criteria.
3. The right to withdraw from the contract is not entitled to the contract:

1. in which the subject of the benefit is an unreacable thing, manufactured according to the consumer specification or to meet its personalized needs;

1. In order to withdraw from the contract, the consumer must inform the seller about his decision to withdraw from the contract through a unambiguous statement - for example, a letter sent by post, fax or e-mail.
2. The consumer can use the formula of the withdrawal form from the contract, available under the link Return form However, this is not obligatory.
3. To save the deadline for withdrawal from the contract, it is enough for the consumer to send information regarding the consumer with the right to withdraw from the contract before the deadline for withdrawing from the contract.
4. The consumer is obliged to return a dealer's product or provide it with a person authorized by the seller to receive immediately, but not later than 14 days from the date on which he withdrawn from the contract, unless the Seller suggested that he will pick up the item. To preserve the deadline, just send the product before its expiry
5. Consumer Betting direct costs of refund.
6. In the event of withdrawal from the contract, the Seller returns to the consumer all received from the consumer payment, including the cheapest available cost of delivering products (if the cost covered the consumer) immediately, and in any case no later than 14 days from the date on which the Seller was informed about the performance Right of withdrawal from the contract. The payment return will be made using the same payment methods that have been used by the consumer used in the original transaction, unless the consumer clearly agreed to another solution. In each case, the consumer will not bear any fees due to the form of payment of payments.
7. If the Seller did not offer that he will take away from the consumer himself, he may refrain from returning payments received from the consumer to the time of receiving things back or to provide the consumer by the consumer of its referral, depending on which event will take place earlier.
8. Consumer He is responsible for reducing the value of the product resulting from the use of a product in a manner that goes beyond necessary to find out the character, characteristics and functioning of the product.

• 8

Responsibility for defects

1. The seller is obliged to provide a product free of defects.
2. The seller is responsible for the buyer if the product sold has a physical or legal disadvantage (warranty for defects).
3. If the product sold has a disadvantage, the buyer may:
1. request replacement of the product for free from defects,
2. request removal of the defect,
3. submit a reduction statement,
4. submit a statement on withdrawal from the contract.
4. If the buyer determines the product's disadvantage, he should inform this seller, while specifying his claim associated with the found disadvantaged or making a statement of relevant content.
5. Buyer can use the complaint form available under the link Complaint formHowever, this is not obligatory.
6. The buyer can contact the seller both by traditional mail as well as by e-mail.
7. The Seller shall respond to the complaint submitted by the Buyer within 14 days from the date of receipt of the complaint with such a means of communication, using which the complaint was filed.
8. Details of the seller's warranty for defects regulate the provisions of the Civil Code (Article 556 - 576).
9. Starting from 01.01.2021, the provisions on the handling of the seller for the defects of the item sold regarding consumers, are also applicable to a natural person containing a contract directly related to its economic activity when the content of this agreement shows that it does not have for that Persons of a professional character, resulting in particular from the subject of economic activity performed by it, made available on the basis of central regulations and information about business.

• 9

Personal data and cookies

1. The administrator of the person's personal data is the seller.
2. The buyer's personal data is processed in the following purposes and based on the following legal bases:
1. Conclusion and execution of the contract - art. 6 par. 1 lit. B Rodo,
2. Implementation of tax-and accounting obligations - art. 6 par. 1 lit. C Rodo,
3. Defense, investigations or determination of claims related to the contract, which is a legally legitimate interest carried out by the Seller - Art. 6 par. 1 lit. F Rodo,
4. Identification of the returning client, which is a legally legitimate interest carried out by the Seller - Art. 6 par. 1 lit. F Rodo,
5. Support for queries directed by buyers not included in the conclusion of the contract, which is a legally legitimate interest carried out by the Seller - Art. 6 par. 1 lit. F Rodo,
6. Newsletter's shipping, after previously expressed consent - art. 6 par. 1 lit. Rodo.
3. Recipients of the buyer's personal data are: courier companies, tax offices, accounting office, law firm, Hostinavator, invoicing system supplier, CRM system supplier, mailing system supplier.
4. Due to the use of a mailing system MailChamp, the personal data of the buyers who have signed up to the Newsletter are transferred to the United States of America (US) due to their storage on servers located in the US. The MailChimp System supplier guarantees an appropriate level of personal data protection through appropriate conformity mechanisms (privacy disc).
5. The buyer's personal data is stored in the Seller's database throughout the duration of business in order to ensure the possibility of identifying the returning client, which the buyer may oppose, demanding the removal of their data from the Seller's database. If such an objection shall be submitted before the deadline for the limitation of claims from the concluded contract, the Seller will have an overriding interest in storing the Buyer's data until the deadline for limiting claims. Accounting documentation containing the buyer's personal data is stored for the period required by law. Data
6. Buyer's powers related to the processing of personal data: the right to demand from the Seller access to personal data, their correction, removal, processing restrictions, the right to oppose the processing, the right to transfer data, the right to complain to the President of the Personal Data Protection Office.
7. Providing personal data by the buyer is voluntary, but necessary to contact the seller, set up a user account, conclude a contract or subscribe to the Newsletter.
8. The store uses cookies technology.
9. Details related to personal data and cookies are described in the privacy policy available at the address https://gallart.pl/policies/privacy-policy 

• 10

Intellectual property rights

1. The Seller teaches the buyer that the content available on the store's pages and elements of physical products (eg graphic designs) can be a song within the meaning of the Act of 4 February 1994 on copyright and related rights to which the copyrights are entitled to the seller.
2. The Seller teaches this buyer that further dissemination of content covered by the Buyer without the consent of the Seller, with the exception of the use of the content as part of the authorized personal use, constitutes a violation of copyrights of the Seller and may result in civil or criminal liability.

• 11

Out-of-court ways to consider complaints and claims

1. The Seller agrees to undergo possible disputes arising from the sale of goods by mediation proceedings. Details will be determined by the conflict pages.
2. The consumer has the opportunity to take advantage of extrajudicial ways to consider complaints and claims. Among other things, the consumer has the option:
1. asking a permanent amicable consumer court with a request to resolve a dispute resulting from the concluded sales contract,
2. asking the Provincial Trade Inspector's Provincial Inspector with a proposal to initiate mediation proceedings regarding the amicable completion of the dispute between the buyer and the seller,
3. Take advantage of the District Assistance (Municipal) of the Ombudsman for the Consumer Law or Social Organization, to which consumer protection should be the statutory tasks.
3. More detailed information on extrajudicial ways to consider complaints and claims, the consumer can search for a website http://polubowne.uokik.gov.pl.
4. The consumer can also take advantage of the ODR platform, which is available at the addresshttp://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and entrepreneurs striving for extraissible settlement of a dispute regarding contractual obligations resulting from an online sales contract or a service contract.

• 12

Final Provisions

1. The Seller reserves the right to introduce and dismissing offers, promotions and to change the prices of products in the store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before making a change.
2. The Seller reserves the right to make changes to the Regulations without prejudice to the rights acquired by the Buyer on the basis of contracts concluded before the change of the Regulations. Buyers who have a registered user account, each change of the regulations will be informed by shipping to the e-mail address assigned to the user account. In the absence of acceptance of the new regulations, the buyer may delete his user account free of charge.
3. All disputes related to the contract concluded through the Store will be considered by the Polish General Court, due to the place of permanent economic activity by the Seller. This provision does not apply to consumers for which the court's jurisdiction is considered on general terms. Starting from 01.01.2021, this provision is also not applicable to a natural person containing a contract directly related to its economic activity when the content of this agreement shows that it does not have a professional character for that person, resulting in particular from the subject performed By its economic activity, made available on the basis of the central regulations and business information - in the case of such a person, the court's jurisdiction is considered on general terms.
4. These Regulations are valid from January 101.2021.
5. All archival versions of the regulations are available for download in .pdf format - links are below the regulations.