Terms and Conditions
of online shop Painted with Snores
Please read the following terms and conditions before purchasing from our store.
- 1 Definitions.
The terms used in the Regulations shall mean:
Centaurus Foundation – Centaurus Foundation with its registered office in Wrocław, ul. Walbrzyska No. 6-8, 52-314 Wrocław, entered in the register of associations, other social and professional organizations, foundations and independent public health care institutions kept in the National Court Register by the District Court in Wrocław, VI Economic Department of the National Court Register under the number KRS 0000257551, Regon 020319750, NIP 8982093147;
password – the password to the buyer’s account received during registration;
commercial information – any information intended directly or indirectly to promote the goods or the seller’s image, excluding information enabling communication by means of electronic communication with a specific person and information about goods that does not serve to achieve the commercial effect desired by the entity that orders its dissemination, in particular without remuneration or other benefits from the producers;
buyer – a natural person who is at least 13 years of age, whereby if the person is under 18 years of age, the consent of his legal representative is required, as well as a legal person and an organizational unit that is not a legal person, to which special regulations grant legal capacity, and who makes or intends to make an order (including a consumer);
Civil Code – the Act of April 23, 1964 (Journal of Laws of 2019, item 1145, as amended);
consumer – a natural person making a legal transaction not directly related to his/her business or professional activity;
account (buyer’s account) – a subpage of the store’s website, where the buyer can access and modify the data entered by him;
login – a string of alphanumeric characters (e-mail), necessary to gain access to the account, set independently by the buyer during the registration process;
terms and conditions – these rules and regulations for sales by means of electronic communication;
registration – a one-time action, consisting of the creation of an account by the buyer, made using the administrative panel made available on the site by the seller on the store’s website;
force majeure – an external event, independent of the parties, unexpected and impossible to avoid or prevent it (in particular: epidemics and pandemics, strikes, wars, riots, civil unrest, floods, fires, whirlwinds);
online store (store, portal) – Internet service available at chrapamimalowane.pl through which the buyer can purchase goods owned by the seller;
seller/vendor – Centaurus Foundation Fund with its registered office in Wrocław, Walbrzyska No. 6-8, 52-314 Wrocław, entered in the register of associations, other social and professional organizations, foundations and independent public health care institutions kept (entity also entered in the register of entrepreneurs) in the National Court Register by the District Court in Wrocław, VI Economic Department of the National Court Register under KRS No. 0000278299, REGON: 140974200, NIP: 8943068607;
party/parties – the seller and the buyer;
means of electronic communication – technical solutions, including data communication devices and cooperating software tools, enabling individual communication at a distance using data transmission between data communication systems, especially electronic mail;
goods – movable items and offered by the seller through the store;
purchase-sale contract (contract) – a contract for the sale of goods within the meaning of the Civil Code, concluded between the seller and the buyer using electronic communication means, including, with respect to consumers, a contract concluded off-premises or at a distance within the meaning of the Act of May 30, 2014, on consumer rights (Journal of Laws of 2020, item 287, as amended);
Act on the provision of services – the Act of July 18, 2002, on provision of services by electronic means (Journal of Laws No. of 2020, item 344);
Consumer Rights Act – the Act of May 30, 2014, on consumer rights (Journal of Laws No. of 2020, item 287);
order – a declaration of will of the buyer, aimed directly at concluding a contract of sale at a distance through an online store.
- 2 General provisions.
- These rules set out the principles for the sale of goods by the vendor as a paid public benefit activity through the store using electronic communication.
- The total income from the sale of goods by the vendor is intended for the statutory purposes of the Foundation.
- With regard to services provided electronically, these rules and regulations are the rules and regulations referred to in Article 8 of the Act on Provision of Services.
- Buyers have access to goods through the store.
- The seller is obliged to provide the buyer with goods without defects.
- The seller and the buyer are obliged to comply with the provisions of the regulations.
- The buyer is solely responsible for the actions performed by him within the store and/or during the ordering process.
- The seller has the right to entrust the day-to-day operation of the portal to a third party (subcontracting) without informing buyers.
- 3 Commercial information on the portal.
- Commercial information is provided by the seller.
- Commercial information about goods provided on the portal – in particular, their descriptions and prices – constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
- At the latest at the moment of expression by the buyer (concerning a consumer) of the will to be bound by a remote agreement, the seller shall inform the buyer in a clear and comprehensible manner at the e-mail address provided by the buyer about:
- the main characteristics of the service, taking into account the subject of the service and the method of communication with the consumer;
- his identifying information, in particular the company, the authority that registered the business, and the number under which it was registered;
- the seller’s address, e-mail address and telephone or fax numbers at which the consumer can quickly and efficiently contact the seller;
- the address at which the consumer may file complaints, if different from the address referred to in point 3;
- the total price or remuneration for the performance, including taxes, and when the nature of the subject matter of the performance does not allow, reasonably judging, to calculate their amount in advance – the manner in which they will be calculated, as well as fees for transportation, delivery, postal services and other costs, and when the amount of these fees cannot be determined – the obligation to pay them; in the case of a contract for an indefinite period or a contract covering a subscription, the seller is obliged to state the total price or remuneration covering all payments for the billing period, and when the contract provides for a fixed rate – also the total monthly payments;
- the costs of using a means of remote communication to conclude the contract, in case they are higher than those normally applied for the use of that means of communication;
- the method and time of payment;
- the manner and date of performance by the seller and the seller’s procedure for handling complaints;
- the method and time limit for exercising the right to withdraw from the contract under Article 27 of the Law on Consumer Rights, as well as the model withdrawal form contained in Appendix 2 to the Law;
- the cost of returning the items in the event of withdrawal, which shall be borne by the consumer; with respect to distance contracts, the cost of returning the items if, due to their nature, the items cannot be returned by mail in the usual manner;
- the consumer’s obligation to pay the seller’s reasonable costs in accordance with §5(12) of the terms and conditions, if the consumer withdraws from the contract after making a request in accordance with Articles 15(3) and 21(2) of the Consumer Rights Act;
- The lack of the right to withdraw from the contract under §5 paragraph 13 of the regulations or the circumstances under which the consumer loses the right to withdraw from the contract;
- the entrepreneur’s obligation to deliver goods without defects;
- the existence and content of warranties and after-sales warranties, and how they are implemented;
- the code of good practices referred to in Article 2(5) of the Act of August 23, 2007 on Counteracting Unfair Market Practices (Journal of Laws of 2017, item 2070, as amended) and how to become familiar with it;
- the duration of the contract or about the manner and grounds for termination of the contract – if the contract is concluded for an indefinite period or if it is to be automatically renewed;
- the minimum duration of the consumer’s obligations under the contract;
- the amount and manner of making a deposit or providing other financial guarantees that the consumer is obliged to fulfill at the request of the entrepreneur;
- the functionality of digital content and the technical means for its protection;
- the relevant interoperability of digital content with hardware and software that the trader knows or should know about;
- the possibility of using out-of-court procedures for handling complaints and asserting claims, as well as the rules of access to these procedures.
The seller is obliged to provide the consumer with a confirmation of the conclusion of a remote agreement on a durable medium within a reasonable time after its conclusion, at the latest at the time of delivery of the item.
The confirmation referred to in paragraph 4 includes:
the information referred to in paragraph 3, unless the seller has provided the consumer with this information on a durable medium before the conclusion of the agreement;
information about the consumer’s consent to the delivery of digital content under circumstances that cause the loss of the right of withdrawal.
- 4 Conclusion of a purchase and sale agreement.
- Registration within the portal takes place by accepting the registration form, made available on the portal after completing the relevant sections of this form.
- The buyer registers by establishing a login and password to access the account.
- In order to conclude a sales contract, the buyer selects the goods on the portal and places an order indicating the buyer’s data (name, surname, company), e-mail address, place of delivery and method of payment, taking subsequent technical actions based on the messages or information displayed to the buyer.
- Once the order is drawn up, the buyer is presented with a summary of the order containing selected goods and entered data – for acceptance.
- After the acceptance and payment – within the meaning of paragraph 12 – for the goods, the order is transferred for execution.
- Information from the placed order is sent to the buyer at the e-mail address indicated by him. The buyer receives the information specified in §3 paragraph 3.
- Subject to paragraphs 9-11, the purchase contract is concluded when the buyer successfully completes and accepts the order and makes payment for the ordered goods.
- The purchase of goods is possible after acceptance of these regulations and consent to the processing of personal data necessary for the execution of the contract.
- If a contract concluded at a distance, using electronic means of communication, imposes an obligation on the consumer to pay, the seller shall inform the consumer in a clear and conspicuous manner, immediately before the consumer places the order, of the information referred to in § 3.3.1, 5, 16 and 17 above.
- At the time of placing the order, the consumer shall clearly confirm that he knows that the order entails an obligation to pay. If a button or similar feature is used to place an order, it shall be marked in an easily readable manner with the words “order with obligation to pay” or other equivalent unambiguous wording.
- Failure of the parties to comply with the requirements of paragraph 9 or 10 shall result in the failure to conclude a purchase-sale agreement.
- The date of payment for the ordered goods is the date on which the funds are credited to the seller’s account.
- The purchased goods will be transferred to the seller for execution after the payment is credited to the seller’s bank account.
- The seller shall deliver the purchased goods by its own transport in the territory of the Republic of Poland, by courier or through the Polish Post Office, according to the terms and deadlines specified in the commercial information. Any additional costs, i.e. delivery costs, will be clearly indicated at the time of placing the Order.
- Information about the availability of goods is provided each time next to the goods on the portal.
- In order to execute the sales contract, the buyer is obliged to provide all the necessary data to enable the execution of the contract.
- 5 Right to withdraw from the contract (concerning the consumer).
- A consumer who has entered into a remote contract may withdraw from the contract within 14 days without stating a reason and without incurring costs, except for the costs specified in paragraphs 8, 9, and 13 below.
- The period for withdrawal from the contract begins:
- for a contract in the performance of which the seller delivers the thing, being obliged to transfer its ownership – from the taking of possession of the thing by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that:
- involves a number of things that are delivered separately, in batches or in parts – from taking possession of the last thing, batch or part, involves the regular delivery of things for a fixed period – from taking possession of the first thing; for other contracts – from the date of conclusion of the contract.
- If the consumer has not been informed by the seller of the right to withdraw from the contract, the right expires 12 months after the expiration of the period referred to in paragraph 1. If the consumer has been informed by the seller of the right to withdraw from the contract before the expiration of the period referred to in paragraph 1, the period to withdraw from the contract expires 14 days after the consumer has been informed of this right.
- The consumer may withdraw from the contract by submitting a withdrawal statement to the seller. A model of the instruction on withdrawal from the contract and the statement of withdrawal from the contract is attached to the regulations.
- The seller is obliged to immediately, no later than 14 days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the item.
- Return of payments shall be made using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him.
- If the seller has not offered to collect the item from the consumer itself, it may withhold the refund of payments received from the consumer until it receives the item back or the consumer provides proof of its return, whichever event occurs first.
- If the consumer has chosen a method of delivery of the item other than the cheapest ordinary method of delivery offered by the seller, the seller shall not be obliged to reimburse the consumer for any additional costs incurred by the consumer.
- The consumer shall bear only the direct costs of returning the item, unless the seller agreed to bear them or did not inform the consumer of the need to bear these costs.
- The consumer is obliged to return the item to the seller or give it to a person authorized by the seller to collect it immediately, but no later than 14 days from the day on which he withdrew from the contract, unless the seller offered to collect the item himself. To meet the deadline it is sufficient to send the thing back before its expiration.
- The consumer is liable for any diminution in the value of the thing resulting from the use of the thing beyond what is necessary to ascertain the nature, characteristics and functioning of the thing, unless the trader did not inform the consumer of the right to withdraw from the contract in accordance with the Law on Consumer Rights.
- If the consumer exercises the right to withdraw from the contract after requesting the performance of services in accordance with Articles 15(3) and 21(2) of the Law on Consumer Rights, he is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the service provided, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the fulfilled service.
- The right of withdrawal from a contract concluded at a distance does not apply to the consumer with respect to contracts:
- for the provision of services, if the seller has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance by the seller will lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market, over which the seller has no control, and which may occur before the expiration of the withdrawal period;
- in which the subject of performance is a non-refabricated item, 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 sealed packaging, which after opening
- packaging cannot be returned for health or hygiene reasons, if the packaging 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 alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the seller has no control;
- in which the consumer expressly requested that the seller come to him for urgent repair or maintenance; if the seller provides additional services other than those which the consumer requested, or provides things other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or 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;
- concluded through a public auction;
- for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
- o 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 withdrawal period and after the seller has informed him of the loss of the right to withdraw from the contract.
- 6 Complaint procedure.
- The buyer may file a complaint if both the activities of the store and the goods and provided for in these regulations are not implemented or are implemented inconsistently with the provisions of the regulations.
- A complaint can be submitted electronically using the contact form or in writing. The complaint should contain at least the designation of the buyer and a description of the objections raised.
- Complaints are submitted within 14 days from the date of disclosure of the cause of the complaint.
- The seller shall recognize complaints within 30 days from the date of receipt in its correct form.
- If the seller has not responded to the complaint within the period referred to in paragraph 4, it is considered that he has recognized the complaint.
- The response to the complaint is sent only to the e-mail address of the buyer.
- The complaint procedure shall be governed by the relevant provisions of the Civil Code, in particular concerning warranty for defects and claims of the seller in connection with the defectiveness of the sold thing (Articles 556-5764 of the Civil Code).
- The complaint procedure does not exclude the possibility of pursuing claims in court proceedings.
- 7 Liability.
- The seller is not responsible for technical problems or technical limitations occurring in computer equipment and means of electronic communication used by the buyer, which prevent the buyer from using the portal and goods offered through it correctly.
- The buyer is solely responsible for ensuring technical compatibility between the computer equipment or terminal device and the data communications or telecommunications system used by him to use the portal and the portal.
- The seller is not responsible for:
- loss of data by the buyer caused by equipment or system failure or other circumstances for reasons beyond the seller’s control;
- the speed of data transmission and related limitations, which are the result of circumstances of a technical and technological nature, among others;
- for the unavailability of the portal due to force majeure, as well as the actions or omissions of the buyer and third parties for whose actions or omissions the buyer is responsible.
- The seller further reserves the right to suspend or terminate the provision of services on the portal, in particular, due to the need for maintenance, overhaul or expansion of the technical base, where this will not violate the rights of the buyer.
- 8 Personal Data.
- Data processed by the seller, such as name, delivery address, telephone number or e-mail address, are so-called ordinary personal data. Their processing takes place for the purpose of executing the concluded contract (e.g. for the purpose of completing the order and sending the product to the buyer) on the basis of consent previously given by the customer and for the purpose of providing information regarding the statutory activities of the Centaurus Foundation.
- Pursuant to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (RODO), I inform you that:
- the administrator of your personal data is Centaurus Foundation Fund with its registered office in Wrocław, Wałbrzyska Street No. 6-8, 52-314 Wrocław, entered in the register of associations, other social and professional organizations, foundations and independent public health care institutions kept (an entity also entered in the register of entrepreneurs) in the National Court Register by the District Court in Wrocław, VI Economic Department of the National Court Register under the number KRS 0000278299, REGON: 140974200, NIP: 8943068607;
- Contact the Data Protection Inspector – email@example.com.
- Your personal data will be processed for the purpose of executing the contract – based on Article 6(1)(b) of the RODO,
- Recipients of your personal data will be only entities authorized to obtain personal data under the law,
- Your personal data will be stored for a period of 6 years / or based on the legitimate interest pursued by the administrator,
- you have the right to request from the administrator access to your personal data, rectification, deletion or restriction of processing,
- you have the right to lodge a complaint to the supervisory authority
- providing personal data is voluntary, however, refusal to provide data may result in refusal to conclude or execute the contract.
- 9 Marketing information and newsletter.
- The buyer may give consent for the seller’s marketing information or newsletter to be sent to his e-mail address and telephone number.
- Consent is given by clicking in the appropriate place on the form with the content:
- I agree to receive by e-mail from the Centaurus Foundation and the Centaurus Foundation Fund commercial and marketing information, in accordance with the Act of 18 July 2002 on the provision of electronic services.
- I agree to receive electronically from Centaurus Foundation and Centaurus Foundation Fund the information contained in the newsletter in accordance with the Act of 18 July 2002 on the provision of electronic services.
– Or content of the form with equivalent meaning.
- Along with the consent, an automatically generated message with an activation link is sent to the buyer’s e-mail address. After the buyer clicks on the link, the e-mail address will be activated in the mailing database.
- The buyer may revoke the consent at any time.
- 10 Final provisions.
- For the avoidance of doubt, it is stated that none of the provisions of these Rules and Regulations does not limit the rights of the consumer which he is entitled to under the provisions of the law in force on the territory of the Republic of Poland.
- In the event of the existence of a provision of this nature, the provisions of the law in force on the territory of the Republic of Poland shall apply, in particular the Civil Code and the Law on Consumer Rights.
- Recognition of individual provisions of these regulations in a manner provided by law as invalid or ineffective, does not affect the validity or effectiveness of the remaining provisions of the regulations. The invalid provision will be replaced by the rule that is closest to the purposes of the invalid provision and these regulations as a whole.
- Failure to perform a non-monetary performance due to the occurrence of force majeure shall not constitute grounds for claims for any damages or contractual penalties, unless the party affected by the force majeure neglected to notify the other party of the occurrence of such circumstances immediately, after having been given reasonable opportunity to do so.
- In matters not regulated herein, the provisions of the law in force on the territory of the Republic of Poland shall apply.
- The Seller reserves the right to amend these regulations at any time.
- Changes to the regulations are effective from the moment they are clearly indicated and posted on the portal.
- The current terms and conditions are published on the portal and provided free of charge to the buyer (to the e-mail address) at any request.