Regulamin
1. GENERAL PROVISIONS
1. Online store, operating at: https://pixelplanet.pl/ , based at: Ul. Sarego 28/1, 31-047 Kraków, operating under the NIP number: 6772486023.
2. These Terms and Conditions of the online store determine the principles of making purchases in the Roman Bondarenko online store, in particular the principles and procedure for the conclusion of distance sales contracts through the Store and the procedure for withdrawal from the contract by the Consumer.
3. In terms of Services provided electronically, these Regulations are the regulations referred to in Article 9 of the Act on Provision of Services by Electronic Means of July 18, 2002 (i.e. Journal of Laws of 2020, item 344, as amended).
4. The Regulations are addressed to all Customers of the Store. All Customers are obliged to familiarize themselves with the provisions of the Regulations, before making a purchase.
5. Each Customer is obliged to comply with the provisions of the Regulations. Sales are carried out on the basis of the version of the Regulations in force at the time of placing an order.
6. Each Customer has the opportunity to become familiar with the Regulations at any time by clicking on the hyperlink “Store Regulations” on the Store's website https://pixelplanet.pl/. The Regulations can be downloaded and printed at any time.
7. All information contained on the Store's website https://pixelplanet.pl/ relating to products (including prices), do not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended), but an invitation to conclude a contract, pursuant to Article 71 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended). The Customer, by sending the Order Form, makes an offer to purchase the indicated Service at the price and under the conditions specified in the description. 2 DEFINITIONS Regulations- this set of regulations organizing the rules of use of the Store's Services by Customers. Consumer (contracts concluded before January 1, 2021)- a natural person, making a civil law contract through the Store, not directly related to his/her business or professional activity. Consumer (contracts concluded from January 1, 2021)- the following are considered to be Consumers: a physical person making a civil law contract through the Store, not directly related to his/her business or professional activity- the so-called “Consumer sensu stricto” and a physical person entering into a civil law contract through the Store, directly related to his/her business, when the content of the contract indicates that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity- the so-called “Entrepreneur on the rights of the Consumer”.For the purposes of these Regulations, it is assumed that in the absence of a distinction between the two groups of entities indicated, the Regulations refer to both Consumers sensu stricto and Entrepreneurs on the rights of Consumers. Customer- a natural person (including a Consumer) who is at least 13 years old (provided that he/she has obtained the consent of the statutory representative), a legal person and an organizational unit that is not a legal person, to which special regulations grant legal capacity, who uses the Services provided by the Shop. Order Form- a Service available on the Store's website, through which the Customer may make a purchase, in particular by adding Services to the Cart and specifying certain terms of the Sales Agreement, including the method of delivery and payment. Shopping Cart- an element of the Store where the Services selected by the Customer are visible and where the Customer can determine and modify the details of the Order, including the quantity of Products purchased. Store- Internet service, belonging to the Seller, available under the domain: https://pixelplanet.pl/, through which the Customer may purchase Services from the Seller. Seller- Daria Smishko based at: Ul. Sarego 28/1 31-047 Kraków NIP: 6772486023, which, while conducting a business or professional activity, offers sales through its website. Service- business activity of a non-productive nature, provided without the simultaneous presence of the Seller and the Customer (at a distance), through the transmission of data at the individual request of the Customer, sent and received by means of equipment for electronic processing, including digital compression, and storage of data, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of July 16, 2004.- Telecommunications Law (i.e. Journal of Laws of 2021, item 576, as amended). Sales Agreement- a contract for the sale of Services at a distance concluded by the Customer through the Store, usually through the Order Form.
3. TAKING AND PROCESSING OF ORDERS
1. A prerequisite for using the Store is reading and accepting these Regulations. By placing an order the Customer accepts the content of the Regulations.
2. Orders from Customers are accepted by means of a sent Order Form, made through the website: https://pixelplanet.pl/ or by e-mail to: pixelpalnetkrakow@gmail.com, 7 days a week, 24 hours a day.
3. Ordering of Services is carried out as follows: Choose a ticket, click the “Buy” button, choose a payment method, accept the T&Cs. Available payment methods: BLIK payment Payment by fast transfer Google Pay Apple Pay Payment cards: * Visa * Visa Electron * Mastercard * MasterCard Electronic * Maestro” The entity providing online payment service for card payments is Blue Media S.A.
4. Entrepreneurs, considered to be so-called Entrepreneurs on the rights of consumers (see the definition of “Consumer” in these Regulations), entering into contracts after January 1, 2021, will have to indicate, already at the time of placing an order for Services, that the purchase is not of a professional nature for them.
5. After placing an order, the Customer shall receive confirmation of the order placed order to his/her e-mail address, provided in the Order Form.
6. After the Customer receives the confirmation of acceptance of the offer, the process of order processing by the Seller begins, whereby: a. in the case of placing an order payable on delivery- it begins at most on the next working day, after its confirmation by the Seller. b. in the case of placing an order paid by traditional transfer- begins after the payment for the order placed is credited to the Store's bank account.
7.Orders placed in the Store are processed 24 hours a day, regardless of the day of the week.
8. the Customer will receive a message about acceptance of the order for processing, which is understood as the Seller's statement of acceptance of the offer. At the moment of its receipt, by the Customer, the Contract of Sale is concluded.
9. a VAT receipt is issued for each order. At the request of the Customer, a VAT invoice will also be sent. 10. the available means of communication between the Customer and the Store are: a. E-mail- pixelplanetkrakow@gmail.com b. Phone- +48 731 891 994 (11) The price specified in the order is the total value that the Customer is obliged to pay (gross price). It includes applicable tax. (12) The Seller reserves the right to change prices in the Store, to introduce new Services for sale, to carry out and cancel promotional campaigns, or to make changes to them, in accordance with applicable law. (13) If the Consumer is required to pay more than the agreed price, described in the preceding paragraph, the Shop shall immediately inform the Consumer about this fact, explaining the reason for the price difference. Charging the Consumer with additional costs will be made only after obtaining the express consent of the Consumer.
4. PAYMENT EXECUTION
1. As part of the operation of the Shop, the following payment methods are possible: *Payment by BLIK. *Fast transfer payment *Google Pay *Apple Pay Payment cards: * Visa * Visa Electron * Mastercard * MasterCard Electronic * Maestro
2. A customer who has chosen the option of payment by bank transfer is obliged to pay for the order placed, within five (5) working days, from the date of placing the order. Otherwise, the Seller's offer is not binding and the order is removed from the system. In the title ofpayment, it is sufficient to provide only the number of the order being placed. It is possible to extend the payment period, with prior notification to the Store staff. The above provisions do not exclude the possibility of the Seller to provide a warranty for the purchased Services, which is provided for in separate warranty regulations.
5. COMPLAINT / PROVISIONS CONCERNING USERS- CONSUMERS
1. In accordance with the Law on Consumer Rights of May 30, 2014. (i.e. Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the contract of sale of Services purchased from the Store, without giving any reason, by making a statement to that effect in writing, within fourteen (14) days, counting from the date of receipt of the Services. In order for the Consumer to meet this deadline it is sufficient to send the statement, before its expiration.
2. The Consumer may withdraw from the contract by submitting to the Seller a statement of withdrawal from the contract. A model statement is attached as Appendix No. 1 to these Regulations.
3. The statement of withdrawal from the contract should be sent to the address: Krakow 31- 137 ul.Siemiradzkiego 19/1 or in electronic form to the e-mail address https://pixelplanet.pl/.
4. The Seller, within fourteen (14) days, from the date of receipt of the statement of withdrawal from the contract, shall return to the Consumer all payments made by the Consumer
5. the Seller will refund the payment using the same method of payment used by the Consumer. (If there is a need for a refund for a transaction made by the Consumer with a payment card, the Seller will make the refund to the bank account assigned to the Consumer's payment card).
6. The right of withdrawal from the Sales Contract shall not be granted to the Consumer with respect to the contract: in which the subject of performance is a non-refabricated thing, produced to the Consumer's specifications or serving to meet his individualized needs; in which the subject of the performance is an item subject to rapid deterioration or having a short shelf life; in which the subject of the performance is an item supplied in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery; in which the subject of the performance are things that after delivery, due to their nature, become inseparably connected with other things; in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; for the supply of newspapers, periodicals or magazines, except for a subscription contract;in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the expiration of the deadline for withdrawal from the contract; for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal; 7. the right of withdrawal from a contract concluded remotely is not granted to an entity other than the Consumer, in the sense adopted for the purposes of these Regulations (see definition of “Consumer”).
6. OUT-OF-COURT DISPUTE RESOLUTION
1. In the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things: Mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq595. Assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596. Free assistance of the municipal or district consumer ombudsman. Online ODR platform available at: http://ec.europa.eu/consumers/odr/.
2. This chapter entitled “Out-of-court dispute resolution” does not apply to one category of persons described in these Regulations as Consumers, the so-called “Entrepreneurs on consumer rights”, which came into force for contracts concluded from January 1, 2021. In view of this, for all contracts, the chapter applies only to entities belonging to the so-called category of Consumer sensu stricto.
7. PERSONAL DATA PROTECTION
1. The Customer, by placing an order, agrees to the processing, provided by him, of personal data, for the purpose of carrying out and servicing the order, by the Seller, who is also the administrator of personal data, within the meaning of Article 7 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1-88.
2. The administrator of personal data, provided by the Customer, when using the Store, is the Seller.
3. Personal data, located in the database of the Seller, shall not be transferred to entities that do not participate in the implementation of the Sales Contract.
4. The Customer, in accordance with Article 15 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016,p. 1-88, has the right to access their personal data, and may request their correction or deletion. The Seller shall provide each Customer with the right to control the processed personal data.
5. Provision of personal data is voluntary, however, lack of consent to the processing of personal data prevents the execution of the Customer's order. (6) Detailed information on personal data and privacy protection are included in the “Privacy Policy” tab on the Store's website.
8. FINAL PROVISIONS
1. The Rules and Regulations set out the principles for the conclusion and performance of a Sales Contract for the Services found on the Store's website.
2. The contract of sale is concluded between the Customer and the Seller.
3. The Regulations are available to all customers in electronic form on the Store's website https://pixelplanet.pl/.
4. In order to use the Store's Services, it is necessary to have equipment that allows access to the Internet and a web browser that allows the display of web pages, as well as to provide an e-mail address to send information concerning the implementation of the order.
5. It is prohibited for all persons, including customers, to post illegal content on the Store's website.
6. In matters not covered by these Regulations, the relevant provisions of generally applicable law shall apply.
7. The Regulations do not exclude or limit any of the rights of the Customer, who is a Consumer, to which he is entitled under mandatory provisions of law. In the event of a contradiction between the provisions of the Regulations and the mandatory provisions of law granting rights to consumers, the provisions shall prevail.
8. In the event that any of the provisions of these Terms and Conditions were or were to become invalid or ineffective, the validity of the entire Terms and Conditions for the remainder shall remain unaffected. In such a case, the Parties shall replace the invalid or ineffective provision with another provision that reflects the intended economic purpose as closely as possible. Accordingly, this also applies to any gaps in the Terms and Conditions.
CONTACT INFORMATION
Name: Daria Smishko
Address: 28/1 Sarego St., 31-047 Krakow
E-mail: pixelpalnetkrakow@gmail.com
Tel:+48 731 891 994