Regulations

§1. General provisions

I. The Online store available on the website at www.iconographer-art-shop.com is run by the “Icons the Language of art”. Sebastian Niestój NIP: 6762247601

Contact details:

1)     Postal address:

Pracownia ikon “Icons the Language of art” Sebastian Niestój

Ul. Grota Roweckiego 51a/9

30-348 Kraków

Poland

2)     E-mail address: languageoficon@gmail.com

3)     Telephone number to the Customer Service: +48 606 468 648 (fee as for a regular telephone call, according to the tariff of the operator whose service you use).

II. Terms appearing in the regulations

1. Client – a natural person who is at least 13 years old, however, if this person is under 18 years old, the consent of his/her legal representative is required, unless he/she has full legal capacity, as well as a legal person or an organizational unit without legal personality, to which legal capacity is granted by law, who uses the Online Shop, in particular, who places an order through the Online Shop on the terms and conditions specified in the regulations.

2. Order fulfilment time – the number of working days in which the completed order place by a Customer in the Online Shop will entrust the ordered goods to a carrier and will deliver the ordered goods through carrier to the place indicated by the Customer in the order.

3. Working days – weekdays from Monday to Friday, excluding public holidays.

4. Order – a declaration of will by the Customer made via the Online Shop, specifying: type and quantity of goods in the Online Store’s assortment at the time of placing order, method of payment, method of delivery and Customer’s data, constituting an offer by the Customer to conclude a contract of sale via the Online Shop of goods being the subject of the order.

III. These Terms and Conditions define the rules of using the Online Shop, in particular the rules for concluding contracts for the sale of goods in the online store’s assortment via the Online Shop, the rules for the performance such contracts and the rules for complaint procedure.

1. All goods in the assortment of the Online Shop are brand new.

2. To use the Online Shop, including browsing the online store’s assortment and placing orders, it is necessary to meet the following minimum technical requirements:

A) having a computer or other multimedia device with access to internet,

B) having a web browser,

C) have an active electronic mail account (e-mail).

3. The Customer using Online Shop is obliged to:

- use the Online Store in a manner consistent with applicable law and the provisions of these regulations,

- not providing and not forwarding illegal content,

- using the Online Shop in the way that does not interfere with its functioning,

- to use any and all content included in the Online Shop only for your own personal use,

- not to take action by sending or posting unsolicited commercial information (spam) on the Online Shop.

§2. Registration and Login

1. www.iconographer-art-shop.com Provide services electronically to enable customers to set up and use a Customer Account on the website of the Online Shop at the address www.iconographer-art-shop.com

2. The Customer Account service consists in enabling customers to use the functionality of the Online Store after logging in.

3. Registration of the Customer Account in the Online Store is voluntary and free of charge.

4. The Customer may browse the Online Store, as well as place orders without registering a Customer Account. However, a Customer who has registered a Customer Account in the Online Store has the option to add products “to favourites” and recommending them to friends, track order history, track the status of the order.

5. Registering a Customer Account in the Online Shop requires filling in a registration form by entering e-mail address and password. In order to register a Customer Account, it is required that the Customer read and accept these Regulations, and that the Customer agrees to the processing of his personal data provided during registration, marked as obligatory. The provision of data marked as obligatory is necessary to set up a Customer’s Account, execute and service orders plaice in the Online Shop, as well as the proper performance of service provided electronically. Providing data marked as obligatory is voluntary, however it is necessary in order to set up a Customer Account.

6. After registering a Customer Account, the Customer may log into the Online Shop by providing the e-mail address and password provided during registration.

7. The Customer may terminate the contract for the provision of the Customer Account service at any time, without giving a reason and without incurring costs, in particular by sending by e-mail to the address: languageoficon@gmail.com or in writing to the Studio’s postal address: Pracownia ikony “Icons the language of art” Sebastian Niestój ul. Grota Roweckiego 51a/9, 30-348 Kraków, Poland, requests to delete the Customer’s Account along with an e-mail address currently registered in the Online Store.

8. www.iconographer-art-shop.com may terminate the agreement for the provision of the Customer Account service with 14-day notice period for important reason, which include:

~ The Customer’s use of the Online Shop in a manner infringing the provisions of law or provisions of these Regulations,

~ the Customer’s use of the Online Shop in a way that violates the rights of third parties or good manners,

~ the Customer’s use of the Online Shop in a manner disrupting its functioning,

~ the Customer sending or posting unsolicited commercial information (spam) within the Online Shop

9. Termination of the contract for the provision of the Customer Account service by either Party, shall not affect the rights acquired by the Parties before the termination.

§3. Placing order

1. The Customer may purchases goods from the Online Shop’s assortment by placing an order. Orders may be placed twenty-four hours a day, seven days a week via the Online Shop website www.iconographer-art-shop.com

2. An element of the ordering procedure is also the Customer’s provision of his personal data indicated in the order form, marked as obligatory, and the Customer’s consent to processing of the Customer’s personal data given during the order placement for the purpose of processing and handling the order placed in the Online Shop by ticking the appropriate box before the order is completed.

3. In order to place the order, you need to complete the order, the method of delivery, method of payment, compete the order form via the website of the Online Shop www.iconographer-art-shop.com

4. The Customer completes the order using the “Basket”. By clicking on the “Add to basket” button, the Customer select the goods in the Online Store’s assortment at the time of placing order, according to their description and price.

5. The order form should contain:

1)     Name, surname and address of the Customer,

2)     Telephone number and e-mail address of the Customer,

3)     Recipient’s details and address to which goods are to be delivered if the ordered goods are to be delivered to an address other than the Customer’s address and to a place other than “Paczkomat InPost” or another collection point. A Customer who has registered a Customer Account in the Online Shop may place an order using the Customer’s Account after logging in to the Online Shop.

6. Goods order via Online Shop are delivered within the territory of the Republic of Poland and Europe.

7. Information on the total value of the order, which includes the price of the goods, is always given on the website of the Online Store www.iconographer-art-shop.com during the order placement, including directly before and at the moment of approval and submission of the order by the Customer. These are the total costs which the Customer is obliged to pay together with the dur taxes and costs of delivery of the goods.

8. In the course of the order placement procedure – until the moment of clicking on the button: “Realizuj zamówienie”, the Customer has opportunity to modify the order, in particular in the selection of goods, method of delivery, method of payment, data given in the order form.

9. The order is placed by pressing “Realizuj zamówienie” button by the Customer. An order placed via Online Shop entails the obligation to pay.

10. After the submission of the order by the Customer, to the e-mail address, indicated in the order form or in the Customer Account, when the Customer placed an order using the Customer Account, will immediately be send by the Shop an e-mail with confirmation of receipt of the order and acceptance of the order for processing. As soon as the Customer receives an e-mail from the Shop with confirmation of receipt of the order and acceptance of the order for processing, a sales agreement is concluded between the Customer and www.iconographer-art-shop.com

11. The Customer who chosen to pay in advance when placing an order should pay the price and costs of delivery of the goods within 4 hours of receiving from www.iconographer-art-shop.com electronic message with confirmation of receipt of the order and acceptance of the order for processing, referred to in the rules. In case of non-payment within the above time, the order is cancelled and information about it is sent to the Customer. The Customer shall not bear any costs in connection with the cancellation of the order.

12. The Customer who has chosen to pay upon receipt of the ordered good (cash on delivery) when placing an order shall be obliged to make payment upon receipt of the shipment containing the order goods.

13. Provision of electronic service through www.iconographer-art-shop.com To enable Customers to place for goods offered by www.iconographer-art-shop.com through the Online Shop is free of charge and is of a one-time nature. The service is terminated immediately after the order is completed by www.iconographer-art-shop.com or when the Customer stop placing an order via the Online Shop.

14. The Customer who has placed an order and chose cash on delivery, has the right to cancel the order (the Customer has contractual right of withdrawal) does not affect or limit the Customer’s right to withdraw from the contract within 14 days without giving any reason under the Act of 30 May 2014 on Consumer Rights referred to in the Regulations.

§4. Prices of goods

1. The prices of goods presented on the website of the Online Shop are expressed in Polish zloty and are gross price. The prices presented on the website of the Online Store are per one piece of goods.

2. The prices of goods given on the website of the Online Shop do not include the cost of delivery. The costs of delivering the ordered goods are each time provided on the website of the Online Store when placing the order, including directly before and at the moment of approval and submission of the order by the Customer and are included in the total value of the order. The total order value includes the price of goods and the costs of its delivery.

3. Information on the price of goods, features and essential properties of the goods are available on the website of the Online Shop and are place next to the presented goods.

4. The binding and final price is the price given in the “Basket” in the order summary at the time placing an order by the Customer via the Online Shop.

5. The price of goods presented on the website of the Online Shop may change, and the change in the price of the goods does not affect order placed before the change in price become effective.

§5. Order processing, method and costs of delivery of ordered goods.

1. Goods ordered via the Online Shop are delivered in Republic of Poland and the Europe. Currently available methods of delivery are specified on the Online Shop website in the “Sposoby i terminy dostawy” tab at www.iconographer-art-shop.com and on the website at www.paczkomaty.pl . In addition, the currently available delivery methods and their costs are presented for selection at the beginning of the ordering procedure, before placing the order.

2. The goods ordered through the Online Shop are delivered to the place indicated by the Customer in the order of working days.

3. The time of completing the order placed via Online Shop, if the ordered goods are to be delivered in the territory of the Republic of Poland, is 4 working days from the day:

a)      If Customer selects payment upon receipt of the ordered goods when placing the order (cash on delivery) – from the day the online store sends an e-mail to the Customer with confirmation of acceptance of the order for execution,

b)     If the Customer select electronic banking when placing an order by online transfer – from the date of receipt by the Online Shop of confirmation of correct payment by the entity performing payment.

4. After ordering the goods through the Online shop, he Customer will receive a receipt or invoice covering the subject of the order (in electronic form).

§6. Right of withdraw

1.      In accordance with Article 27 of the Act 30 May 2014 on Consumer Right (Dz. U. z 2019r. poz. 134), a consumer who has concluded a distance contract may withdraw from that contract within 14 days without giving any reason and without incurring any costs, except the costs specified in point 7 and 8 below. The instruction on the right to withdraw from the contract, containing in particular information on the method and the date of the exercising the right to withdraw from the agreement and the costs of returning the goods in the event of withdrawal from the contract, which are borne by the Consumer, constitutes Annex 1 to these Regulation.

2.      The period for withdrawal from the contract begins: The Online Store operating at the address www.iconographer-art-shop.com is run by Pracownia ikony “Icons the language of the art”. Sebastian Niestój, at ul. Grota Roweckiego 51a/9, 30-348 Kraków, NIP676-224-76-01, e-mail: languageoficon@gmail.com:

a)      for a contract in the performance of which www.iconographer-art-shop.com releases the goods, being obliged to transfer its ownership (e.g. sales contract) – from taking possession of the goods by the Customer or third party other than the carrier indicated by the Customer,

b)     for other contracts – from the date of the contract.

3.      The Customer may withdraw from the contract by informing www.iconographer-art-shop.com  about his/her decision to withdraw from the contract by an unequivocal statement, for example by sending a letter by post to the following address:

Pracownia ikony “Icons the language of the art”. Sebastian Niestój, at ul. Grota Roweckiego 51a/9, 30-348 Kraków, Poland, with a note „Return” or sending this statement via e-mail to the following address: languageoficon@gmail.com. The declaration of withdrawal from the contract may be submitted using the withdrawal form, a model of which is attached as Appendix 2 to these Regulations, but it is not obligatory.

4.      To meet the deadline for withdrawing from the contract, it is sufficient to send information on concerning the exercise of the right of withdrawal before the expiry of the deadline for withdrawal from the contract.

5.      In the event of withdrawal from contract, the Customer is obliged to return the goods immediately, but not later than within 14 days from the date on which the Customer informed www.iconographer-art-shop.com about the withdrawal from the contract. To meet the deadline, it is sufficient if the Customer send back the goods before expiry of the 14-day deadline to the following address: Pracownia ikony “Icons the language of the art”. Sebastian Niestój, ul. Grota Roweckiego 51a/9, 30-348 Kraków, Poland.

6.      The Customer is obligated to bear the direct cost of returning good, in particular customs duties and taxes related to the return of the goods.

7.      In case of withdrawal from www.iconographer-art-shop.com immediately, no later than `4 days from the date of receipt of the Customer’s statement of withdrawal, the Customer shall return all payments received, including the costs of delivery of the goods but with exception of additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method offered                                           

8.      The refund will be made by www.iconographer-art-shop.com using the same payment methods as those used by the Customer, unless the Customer has expressly agreed to a different method of reimbursement – in any case the Customer will not incur any fees in connection with the reimbursement.

9.       www.iconographer-art-shop.com may withhold the return of payment received from the Customer until the Customer has received the goods back or the Customer has provided evidence that that goods have been returned, whichever occurs first.

§7. Consideration of complaints

1. www.iconographer-art-shop.com Is obligated to deliver goods to Customers without physical and legal defects www.iconographer-art-shop.com is liable to Customer for defects in the goods under the rules set out in provision of the Act of 23 April 1964 Civil Code (consolidated text Dz. U. z 2018, poz. 1025 z późn. zm.) in particular in article 556 and following of the Civil Code.

2. A complaint may be submitted by the Customer, for example, by e-mail or letter to the address of company with the note “Reklamacja”.

3. It is advisable that the complaint should contain in particular: name and surname, correspondence address, email to which a reply to the complaints is to be send, if the Customer wishes to receive a reply to the complaint via post electronic, the date of purchase of the goods, the type of the goods complained about, the exact description of the defect and the date of its finding, the Customer’s request, as well as the Customer’s preferred way of informing about the method of considering the complaints in handled. The complaint must be submitted together with www.iconographer-art-shop.com proof of purchase of the goods. It may be for example a copy of receipt or a copy of an invoice, a printout from a payment card or other proof. The above content concerning the complaint is only an example which Customer does not have to use and does not effectiveness of the complains submitted without the recommended descriptions of the complaint.

4. A complaint may be submitted using the complaint form available on the website of the Online Store under “Reklamacje” tab at www.iconographer-art-shop.com The complaint form is only an example which the Customer does not have to use or follow in order to make a complaint.

5. A Customer who exercises his\her rights under the warranty is obliged, at the costs of www.iconographer-art-shop.com, to deliver defective goods to the indicated place.

6. www.iconographer-art-shop.com will consider and respond to the complaint immediately, no later than 14 days from the date of submission of the complaint. The Customer will be informed about the way the complaint has been dealt with accordance with data indicated in the complaint submission.

7. Complaints about Newsletter service or other services provided electronically, including irregularities in the operation of the Online Shop, may be submitted for example:

a)      via e-mail to: languageoficon@gmail.com

b)     by telephone calling the Customer Service: +48 606 468 648.

8. In the event of any deficiencies in the submitted complaint, www.iconographer-art-shop.com will ask the Customer to supplement them in accordance with the address data provided in the complaint.

§8. Newsletter

1.      The Customer may agree to receive the Newsletter provided by www.iconographer-art-shop.com The Newsletter is sent to Customers who have ordered the Newsletter by ticking the appropriate box in the registration form or order form and have agreed to receive commercial information to the e-mail provided within the meaning of the Act of 18 July 2002 on the provision on electronic services (Dz. U. 2020 poz. 344).

2.      As a part of the Newsletter service, via e-mail, to e-mail provided by Customer, personalized and tailored to the individual needs of the Customer is send information in the form of an electronic letter (e-mail). The Newsletter contains in particular, information about the offer of goods www.iconographer-art-shop.com, new products, current promotions and other information about goods offered by…www.iconographer-art-shop.com The Newsletter is sent free of charge.

3.      The Customer may at any time, without giving a reason and at no cost, change indicated e-mail address to which Newsletter is sent or cancel the Newsletter.

§9. Personal data and privacy policy

1. The administrator of personal data of the Store’s Customers and Store’s Users is:

Pracownia ikon “Icons the Language of art” Sebastian Niestój

Ul. Grota Roweckiego 51a/9

30-348 Kraków, Poland

2. The provision of personal data by Customer and Users of the Shop is voluntary, although in some cases it is necessary to complete the purchase. Personal data of Shop Users will be processed for purposes of registration in the Shop, and, if appropriate consent given, for the marketing of our goods and service and participation in the Newsletter service (understood as sending commercial information by electronic means, in accordance with the Act of 18 July 2002 on the provision of electronic service). In the case of purchase of goods, personal data of the Customer will be processed in order to properly perform the contract of purchase and sale of our goods, as well as their dispatch. Failure to provide personal data necessary to conclude a purchase and sale contract results in the refusal to conclude this agreement.

3. The legal basis for processing of personal data in the scope of registration of the Shop User in the Online Shop, marketing of goods and service and participation in the Newsletter service is given consent, while in the case of purchase of goods, data processing in necessary for the purpose of the contract.

4. The personal data shall be stored until the Shop User withdraws their consent.

5. Each Customer and User of the Shop has the right to require us to access to their data, rectification (correction), transfer and deletion, as well as the right to limit data processing. In connection with our processing of personal data, you have the right to lodge a complaint with the Prezes Urzędu Ochrony Danych Osobowych.

6. Base on the personal data of Customers and Shop Users, we will proceed to their profiling, i.e., on the basis of their activity in the service, the products viewed, we will present Customers and Shop Users with other products that may be interest to them. The Customers and the Store Users have the right to object to the above-mention action at any time, in accordance with contained in the Privacy and Cookie Policy.

7. The User has the right at any time to withdraw consent to the processing of personal data, which are processed on the base of the consent given. Withdraw of consent shall not affect lawfulness of the processing, which was carried out on the basis of the consent given before withdrawal.

8. The Online Shop www.iconographer-art-shop.com uses cookies, i.e. small text – numeric files which are saved by the User’s data communication system in the User’s data communication system (on the User’s computer, mobile or other device from which the connection to the Site was made) while browsing the Website, including the ”Online Shop” and allow for the subsequent identification of the User in the event of a renewed connection to the Website from the device (e.g. computer, mobile) on which they were saved.

9. Cookies files collet data on the use of the Website, including the “Online Shop” by the User and their main purpose is to facilitate the use of the Website by the User, adapting the Website pages to the need and expectation of a given User (personalization of the Website’s subpages) researching User traffic within the Website.

10. Cookies are used on the Website with the consent to the User. Complaint may be expressed by the User through appropriate software settings, in particular the web browser, installed in the telecommunications device used by the User to view the content of the Website.

11. Website User can also at any time limit or disable cookies in his browser by setting it in such way that it blocks cookies or warns User about saving a cookie file on the device they use to view the content of the Website. In such a case, however, it may happen that using “Online Shop” will be less efficient, the User will not have access to some of the content, and in extreme cases the correct display of the “Online Shop” may be completely blocked.

12. Detailed provisional on the protection of personal data and the privacy policy can be found in the Privacy and Cookies Policy, which is available on the Website of the Online Shop in the “Polityka prywatności” tab at www.iconographer-art-shop.com

§10. Final provision

1. Agreements concluded via the Online Shop are concluded in Polish.

2. Information and price lists posted on the Website of the Online Shop at www.iconographer-art-shop.com, relating to the goods presented in the Online Shop, do not constitute an offer within the meaning of the provisions of the Act of 23 April 1963 Civil Code (consolidated text, Dz. U. z 2018, poz. 1025 z późn. zm.)

3. www.iconographer-art-shop.com honours all rights of the Costumers provided for in the provisions of the applicable law, and in particular those provided for in the provisions of the Civil Code Act of 23 April 1964 (consolidated text, Dz. U. z 2018, poz .1025 z późn. zm.) and the Consumer Rights Act of 30 May 2014 (Dz. U. z 2017 r., poz. 683). Provisions of these Regulations are not intended to limit or exclude any rights of the Customer arising from provisions of law.

4. These Regulations are available free of charge on the website of the Online Shop in the “Regulamin” tab atwww.iconographer-art-shop.com, The rules and Regulations are available on the above – mentioned Website in a form that enable the acquisition, playback and recording of the content of these Regulation using the ICT system used by the Customer. The content of the contract concluded via Online Shop shall be recorded, secured and made available by sending the content of the contract to the e-mail address given to the Customer as part of the transaction made in the Online Shop.

5. www.iconographer-art-shop.com reserves the right to amend these Regulations for legal or organisational reason. Customer are informed about the content of amendments to the Regulations by placing them at the address of the Online Shop www.iconographer-art-shop.com  a notice of amendments to the Regulations, including a summary of the amendments to the Regulations and maintenance of this information on the Website of the Online Shop www.iconographer-art-shop.com for at least 14 consecutive calendar days. In the event of changes to the Regulations concerning the provision of the Customer’s Account service or concerning personal data or privacy policy, Customer who have registered a Customer ‘s Account I the Online Shop shall additionally be informed of such a change to the Regulations by selling a message containing a summary of the changes to the regulations to the e-mail address provided in the registration form. The notification of the change to the Rules and Regulations shall be made no later than 14 calendar days before the change to the Rules and Regulations comes into force. Amendments to the Rules and Regulations shall come into force on the date specified together with the information about the amendment to the Rules and Regulations, however, not earlier than after 14 calendar days from the date of notification about amendment to the Rules and Regulations. The amended Terms and Conditions shall be binding on the Customer who has registered the Customer’s Account in the Online Shop, unless, in the event of non-acceptance of amendments to the Terms and Conditions, the Customer declares www.iconographer-art-shop.com -within 14 calendar days of receiving information about the amendment to the Terms and Conditions -to terminate the agreement for the provision of the Customer’s Account service in the manner specified in these Terms and Conditions.

6. In the event of a change to these Regulations, all contracts concluded, and order placed before the effective date of the amendment to the Regulations will be implemented in accordance with the Regulations in the wording in force on the data of concluding the contract and placing the order by the Customer.

7. In matters not regulated in these Regulations, the provisions of Polish law shall apply, in particular the Act of 23 April 1964 Civil Code (consolidated text, Dz. U. z 2017, poz. 459 z późn. zm.), and in the case of Clients who are Customers, also the provision of the Act of 30 May 2014 on Consumer Rights (Dz. U. z 2017 r., poz. 683).

8. These Regulation enter into force on 1 January 2021 and apply to contracts concluded from that date.