Regulations Hanami Pigments Online Store
- General provisions.
1.1 The terms used in this document mean:
- Online store - an online store operating at https://hanamipigments.eu/ ;
- Customer - a natural, legal person with legal capacity, an organizational unit without legal personality, using the Online Store;
- Consumer - a natural person making a legal transaction with the entrepreneur not directly related to its business business or professional.
- Seller - Ireneusz Ścieszka running a business under the name Hanami Professional Ireneusz Ścieszka ;
- Personal data - any information relating to an identified or identifiable a natural person;
- Price - gross amount, not including shipping cost;
- Online Store Regulations - this document.
1.2. The online store operating at https://hanamipigments.eu/ is the property of Ireneusz Ścieszka, running a business under the name Hanami Professional Ireneusz Ścieszka , Al. Jana Pawła II 66, 47-232 Kędzierzyn-Koźle, NIP: PL 6482099737 entered in the Central Register and Information on Economic Activity, kept by the minister responsible for economy, (www.firma.gov.pl) tel. +48 798 224 170
1.3. The Online Store Regulations define the rules of using the Online Store, and in particular define the rights and obligations of the Seller and the Customer, the rules for placing orders and concluding and terminating sales contracts for products offered by the Seller, as well as the rules for the performance of these contracts and the rules for complaint proceedings and personal data protection . These Regulations also define the rules for the provision of electronic services, which are provided only to the extent to enable customers to make purchases via the Online Store.
1.4. The customer may at any time gain access to the Online Store Regulations on the website https://hanamipigments.eu/ , including downloading and archiving the content of the Online Store Regulations or printing it. The Regulations of the Online Store are also made available to Customers during the ordering procedure.
1.5. The Online Store Regulations are addressed to both Customers and Consumers using the Online Store, taking into account point 1.6. Regulations of the Online Store.
1.6. Resolution 1.5. The Online Store Regulations do not apply to the provisions of the Online Store Regulations, which explicitly refer only to Consumers, in particular points 7 and 8 of the Online Store Regulations, taking into account point 1.7. Regulations of the Online Store.
1.7. The provisions of the Online Store Regulations regarding withdrawal from the contract by the Consumer, contained in particular in point 7 of the Online Store Regulations, apply to the Customer who is a natural person concluding a contract directly related to his business, when the content of this contract shows that it is not of a nature for that person. professional, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
1.8. The Seller provides the Customers with the following forms of communication: by e-mail, by phone, in writing (contact details as in point 1.2 of the Regulations of the Online Store), while Customers place orders using the order form, in accordance with the procedure provided for in point 3 of the Regulations of the Online Store.
1.9. Any announcements, advertisements, price lists and other information posted on the website https://hanamipigments.eu/ , referring to the products posted there, do not constitute an offer within the meaning of the Civil Code, but an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
- Electronic services.
2.1. The Seller provides electronically services consisting in enabling Customers to set up a user account on the Store's website and providing Customers with an order form on the Store's website.
2.2. The user account service consists in enabling customers to use the Store's resources after logging in. Creating a user account requires completing and sending a registration form containing: name and surname, address, correspondence address (if different from the main address) and e-mail address. The user account service is provided free of charge for an indefinite period of time. Customer t may at any time, without giving a reason and at no cost, delete his user account by sending the Seller a request to delete the account in writing or via e-mail (contact details specified in point 1.2. of the Online Store Regulations).
2.3. The order form service allows customers to place orders (declarations of will) for goods offered by the Seller via the Store's website, in accordance with the procedure provided for in point 3 of the Online Store Regulations. The service is provided free of charge and is of a one-off nature. The service ends immediately after placing the order.
2.5. The Seller informs that the basic threats related to the use of the service provided electronically via the Internet include, in particular, interference by third parties (so-called hackers), computer viruses, Trojan horses or spam (unsolicited electronic messages sent simultaneously to many recipients). It is in the interest of every user of services provided via the Internet to install legal and up-to-date software that protects the user's device against the above-mentioned. threats.
2.6. Customers using the Store are obliged to refrain from any illegal activity, in particular from providing illegal content, violating the principles of social coexistence or local customs, and from interfering with the content of the Store or its technical elements.
2.7. The Seller is not liable for any damage resulting from the use of the Online Store in violation of the provisions of point 2.6. Regulations of the Online Store.
2.8. The Seller is not liable for damages resulting from technical imperfections of the Online Store, imperfections of the technical devices supporting the Online Store, including the inability to use the Online Store.
2.9. The seller is not responsible for the behavior of other customers. In particular, the Seller is not responsible for the Customer's behavior inspired by the information presented in the Online Store, as well as for any damage resulting from this behavior.
2.10. The court competent to settle any disputes between the Seller and the Customer is the court with jurisdiction over the Seller. This provision does not apply to disputes with the Consumer.
2.11. The only applicable Polish law applies to all contracts concluded between the Seller and the Customer.
2.12. Complaints regarding services provided electronically may be submitted in writing or via e-mail (contact details indicated in section 1.2. Of the Regulations of the Online Store). Complaints will be considered by the Seller within 14 days from the date of their receipt by the Seller.
- Conclusion procedure the sales contract.
3.1. The online store accepts customer orders via the website https://hanamipigments.eu/ . Orders can be placed 24 hours a day, 7 days a week. Placing an order by the Customer of the Online Store constitutes an offer to conclude a contract for the sale of products being the subject of the order within the meaning of art. 66 § 1 of the Civil Code.
3.2. Placing an order should be understood as selecting the type and number of products on the website https://hanamipigments.eu/ , clicking the "add to cart" icon, filling in the order form, selecting the method of payment and delivery, and then approving and sending the order by clicking the "Order and pay" icon. Orders placed via the Online Store entail an obligation to pay.
3.3. An indispensable element of the ordering procedure is the Customer's reading and acceptance of the Online Store Regulations, which the Customer confirms by checking the appropriate box before finalizing the order. Lack of acceptance of the Regulations of the Online Store during the ordering procedure prevents the use of the possibility of purchasing goods via the Online Store and requires agreeing the terms of the transaction in a different form.
3.4. After the Customer submits a correctly completed order form, the Online Store immediately confirms the receipt of the order by sending the Customer an appropriate e-mail to the address provided by the Customer. from electronic. Upon receipt of the above e-mail by the Customer, a sales contract is concluded between the Customer and the Seller. This type of electronic message is also a confirmation of the conclusion of a distance contract. The attachment to the e-mail is a PDF document containing all order data and the withdrawal form.
3.5. Agreements concluded via the Online Store are concluded in Polish or another selected language. The decision is without prejudice to the provision 2.11. Regulations of the Online Store.
- Prices and payment.
4.1. The prices of the products presented on the Store's websites are gross prices (ie they include all components such as duties and taxes, including VAT) and are expressed in Polish zlotys (PLN).
4.2. The prices of goods provided on the Store's website do not include delivery costs. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer when placing the order, including when the Customer expresses his will to be bound by the sales contract. The cost of delivery depends on the method of delivery selected when placing the order. The total cost of the order, including the price of the product and the cost of delivery, is visible in the summary of the order.
4.3. The binding and final price is the price at the time of placing the order by the Customer.
4.4. Payment for the ordered goods may be made in the form of payment provided in the order form, in particular via: PayU, Przlewy24, Blik.
4.5. A fiscal receipt or a VAT invoice is issued for all goods ordered in the Store.
5.1 . The delivery of the product to the customer is payable, unless the sales contract provides otherwise (see point 4.2. Regulations of the Online Store) or the customer will arrange the transport on his own or make a personal pickup.
5.2. The ordered products are delivered via a courier company or the Polish Post, according to the Customer's choice made when placing the order. The ordered goods are delivered to the Customer's address indicated in the order form.
5.3. Deliveries of goods ordered through the Store are carried out in the territory of the Republic of Poland. If you want to purchase goods with a place of delivery outside the territory of the Republic of Poland, please contact the Store before placing the order to determine the possibility of delivery and its costs. In such a case, the delivery costs will be determined individually and communicated to the customer before placing the order.
5.4. The order fulfillment time is from 2 to 14 business days, counting from the date of placing the order by the Customer, unless a different date is specified in the product description or when placing the order.
5.5. After receiving the parcel, the Customer should check the condition of the parcel in the presence of the supplier. In the event of any damage to the shipment, a protocol is prepared in the presence of the supplier, which specifies in particular: the condition of the shipment and the circumstances of the damage.
- Complaint handling procedure.
6.1. The store is obliged to deliver the sold items to customers without physical and legal defects (warranty). In the event of a defect in the purchased goods, the Customers have the rights provided for in the Act of 23 April 1964 of the Civil Code (Journal of Laws of 2014, item 121, as amended), in particular in the part relating to the warranty (Article 556 et seq.).
6.2. Complaints shall be submitted to the address of the Online Store's headquarters, referred to in point 1.2 of the Online Store Regulations. The complaint should contain the Customer's contact details, information about the type of defects and the date of their finding, the Customer's request, and in case of doubt, also confirmation of the purchase of the goods in question in the Online Store. The above content of the complaint takes the form of a recommendation, and complaints with a different content will also be considered by the Seller.
6.3. If, in order to examine the complaint, it is necessary for the Seller to read the sold item, the Customer who exercises the rights under the warranty will be obliged to deliver the item at the Seller's expense to the place indicated in the sales contract, and if such a place is not specified in the contract - to the place in which the item was delivered to the customer. If, due to the type of item or the method of its installation, the delivery of the item by the Customer would be excessively difficult, the Customer is obliged to make the item available to the Seller at the place where the item is located.
6.4. The Seller will respond to the Customer's complaint within 14 days of its receipt.
6.5. The seller does not provide a separate warranty for the products sold (some products may be covered by the manufacturer's warranty), nor does it provide a witness after-sales services.
- Right of withdrawal.
7.1. Pursuant to Art. 27 of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827). A customer who is a consumer, and pursuant to art. 38a of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827), also the Customer described in point 1.7. Of the Online Store Regulations, which concluded a distance contract via the Online Store, may withdraw from it within 14 days without giving a reason and without incurring costs, except for the costs specified in points 7.4, 7.5 and 7.6 of the Online Store Regulations. The instruction on the right to withdraw, containing in particular information on the manner and date of exercising the right to withdraw from the contract and the costs of returning items in the event of withdrawal from the contract, which are borne by the Customer, constitutes Annex 1 to the Regulations of the Online Store.
7.2. The client described in point 7.1. Regulations of the Online Store may use the model declaration of withdrawal from the contract constituting an attachment to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), as well as the return form sent to the e-mail address The customer after completing the order, but it is not obligatory.
7.3. In the event of withdrawal from the contract, the contract is considered void. If the Client described in point 7.1. Regulations of the Online Store submitted statements before the Seller accepted his offer, the offer ceases to be binding.
7.4. If the Client described in point 7.1. Of the Regulations of the Online Store chose a method of delivery other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse such a Customer for additional costs incurred by him.
7.5. The client described in point 7.1. Of the Regulations of the Online Store bears the direct costs of returning items. If the goods, due to their nature (eg bulky goods), cannot normally be returned by post, the costs of returning the goods will depend on the price list of the carrier providing the transport service.
7.6. The client described in point 7.1. Regulations of the Online Store is responsible for reducing the value of things as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
7.7. The right to withdraw from a distance contract is not entitled to the Customer described in point 7.1. Regulations of the Online Store in relation to the contracts listed in art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), and in particular:
- a) in which the subject of the service is a non-prefabricated, manufactured item according to the consumer's specifications or serving to satisfy his individual needs;
- b) in which the subject of the service is an item that is perishable or has a short shelf-life;
- c) in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery;
d) in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
- e) if the Customer requested commencement of the provision of services (if such services are offered by the Seller at all) before the expiry m deadline to withdraw from the contract, will pay the Seller an amount proportional to the scope of services provided up to the time when the Customer informed the Seller about the withdrawal from this contract.
7.8. The customer should secure the returned goods in such a way as to minimize the risk of damage in transit.
- Out-of-court complaint and redress procedures.
8.1. If the Seller has not accepted the complaint of the Customer who is a Consumer, and the latter does not agree with his decision, he may use the available extrajudicial means of dealing with complaints and redress.
8.2. In particular, the customer has the option of requesting the competent provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended). Mediation is voluntary (both parties must agree to it), and any possible settlement of the parties must also be the result of consent between both parties. Successful submission of a request for mediation does not guarantee that mediation will be carried out, let alone its result.
8.3. The customer also has the option of requesting the resolution of a dispute arising from concluded sales contract by a permanent consumer arbitration court at the provincial inspector of the Trade Inspection, referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended). The rules of organization and operation of permanent consumer courts of arbitration are specified in the Regulation of the Minister of Justice of 25 September 2001 on the rules of organization and operation of permanent consumer courts of arbitration (Journal of Laws 2001, No. 113, item 1214).
8.4. Detailed information on extrajudicial methods of dealing with complaints and redress is also available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection and Provincial Inspectorates of Trade Inspection.
- Personal data protection.
9.1. The Seller processes the personal data of its customers in accordance with the provisions of the Act of May 10, 2018 on the protection of personal data and the provisions of the Act of July 18, 2002 on the provision of electronic services (i.e. of June 9, 2017, Journal of Laws No. of 2017, item 1219), as well as in accordance with the Regulation of the European Parliament and of the Council / EU / 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC / Dz. UE.L No. 119, p.1.
9.2. Providing personal data by the Customer is voluntary, but necessary to place an order. Customers have the right to request supplementing, updating, rectifying personal data, temporary or permanent suspension of their processing or their removal.
9.3. The administrator of personal data provided by customers is the Seller referred to in point 1.2. Regulations of the Online Store.
9.4. All detailed information on the method and scope of the collection and processing of Customers' personal data is described in the INFORMATION document regarding personal data, constituting Annex 3 to the Regulations of the Online Store.
- Final Provisions
10.1. The Seller honors all rights of the Consumer as well as the Customer described in point 1.7. Regulations of the Online Store provided for in the provisions of generally applicable law, in particular in the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827). Therefore, the provisions of these regulations are not intended to exclude or limit any consumer rights under the law. Any possible doubts should be explained to the benefit of the Consumer, as well as the Customer described in point 1.7. Regulations of the Online Store using the Online Store. The provisions of the Online Store Regulations are less favorable for the Consumer, as well as for the Customer described in point 1.7. Regulations of the Online Store than the provisions of the above. statutes are invalid and the provisions of that law apply in their stead.
10.2. Amendments to the Regulations may occur for important reasons, in particular in the event of a change in the law. In the event of concluding continuous contracts on the basis of these Regulations, the amended Regulations bind the Customer if the requirements specified in art. 384 and 3841 of the Civil Code, i.e. the Customer has been properly informed about the changes and has not terminated the contract within 14 days from the date of notification. In the event of concluding contracts of a nature other than continuous contracts on the basis of these Regulations, amendments to the Regulations shall not in any way infringe upon the rights of Customers acquired prior to the effective date of the amendments.
10.3. The appendices to the contract are: 1. Information on the right to withdraw from the contract; 2. A model declaration of withdrawal from the contract. These appendices constitute an integral part of the Regulations; 3. Personal data instructions.
NOTICE ABOUT THE RIGHT TO WITHDRAW FROM THE CONTRACT
(Article 27 of the Act of May 30, 2014 on consumer rights)
Right to withdraw from the contract
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the date on which they entered You own the goods or in which a third party other than the carrier and indicated by you acquires possession of the goods.
To exercise the right to withdraw from the contract, you must inform us (shop address: Al. Jana Pawła II 66 , 47-232 Kędzierzyn Koźle, tel. +48 798 224 170 about your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail).
You can use the template withdrawal form, but it is not obligatory.
To meet the withdrawal period, please zy, to send you information regarding the exercise of your right to withdraw from the contract before the deadline for withdrawing from the contract.
Consequences of withdrawal:
In the event of withdrawal from this contract, we return all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately, and in any case no later than 14 days from the date on which we were informed o your decision to exercise the right to withdraw from this contract.
We will refund the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement. We may withhold reimbursement until we receive the item or until proof of its return is provided to us, whichever occurs first.
Please send back or hand over the item to us immediately, and in any event no later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only responsible for the diminished value of the goods resulting from its use in a way other than it was necessary to establish the nature, characteristics and functioning of things.
TEMPLATE FORM OF WITHDRAWAL FROM THE AGREEMENT
(this form should be completed and returned only in withdrawal from the contract)
Recipient: Hanami Professional Ireneusz Ścieszka, Al. Jana Pawła II 66, 47-232 Kędzierzyn Koźle, tel: +48798224170
- I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for specific work involving the performance of the following items (*) / for the provision of the following service (*):
................ .................................................. .............................
.............. .................................................. ...............................
- Date of conclusion of the contract (*) / receipt (*) :
.......................................... .................................................. ...
- Name and surname of the consumer (s):
....................... .................................................. ......................
- Address of the consumer (s):
..... .................................................. ........................................
- Signature consumer (s): ........ .................................... (only if the form is sent in paper version)
(*) Delete as appropriate.
INSTRUCTIONS CONCERNING PERSONAL DATA
Who is the administrator of your data?
The administrator of your personal data is Ireneusz Ścieszka running a business under the name of: " Hanami Professional Ireneusz Ścieszka ", Al. Jana Pawła II 66, 47-232 Kędzierzyn Koźle NIP: PL 6482099737 entered into the Central Register and Information on Economic Activity, kept by the minister responsible for economy (www.firma.gov.pl ), tel: + 48 798 224 170
What will we use your personal data for?
We will process the data for marketing purposes of the Administrator's products and services, and if you give your consent, also for the purpose of marketing third parties, transferring them to partners or as part of market research (only to the extent that you agree).
How to withdraw consent?
Providing personal data is voluntary, it is not a statutory or contractual requirement and is not a condition for concluding a contract. You can give all or some of your consents, and you can not express any. You can withdraw any consent given to the Administrator at any time without incurring negative consequences. It is enough to send an e-mail, call or send a message by traditional mail to the contact details indicated above. You can express your will to withdraw your consent in any way, the only condition is that it reaches us. Withdrawal of consent does not affect the legality of data processing prior to this act, i.e. until the consent is withdrawn, the processing of your data by the Administrator is legal.
On what basis will we process your personal data?
The basis the processing of personal data is the legitimate interest of the Administrator, i.e. direct marketing and the sale of its products and services. In relation to other purposes, the basis for data processing is your consent .
When and to whom we can transfer the data, and to whom we will not provide it?
If you give your consent, we will share your personal data with entrepreneurs with whom the Administrator cooperates (Administrator's partners) so that they can use them for marketing purposes. However, we will not transfer your personal data to a third country (outside the European Economic Area).
What can you do with the personal data provided to us?
You have the right to request the Administrator to access your personal data, rectification, deletion or limitation of processing.
You can also object to the processing of your personal data.
You can also transfer your personal data to another data controller.
Until when will we store your data?
We will process data processed on the basis of consent until you withdraw your consent. If the data will be processed on the basis of the legitimate purpose of the administrator (i.e. direct marketing and the sale of its products and services) then only until an objection is raised.
Where can you file a complaint against the processing of personal data by the Administrator?
Currently, such complaints can be submitted to the President of the Office for Personal Data Protection.
How will we not process personal data?
Your personal data is not subject to automated processing (e.g. profiling) that has legal effects on you or similarly significantly affects you. If the Administrator processes personal data also for other purposes, e.g. conclusion and performance of a contract, we will inform you about it separately.