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Statute

Regulations of the CruelDesigns.com online store 

§ 1

Introductory provisions

  1. Cruel Designs online store, available at the Internet address https://crueldesigns.com, is run by Mieszko Polański.
  2. These regulations are addressed to Consumers and define the rules and procedure for concluding a Distance Sale Agreement with the Consumer via the online store.

§ 2

Definitions

  1. Consumer - a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity. 
  2. Seller - a natural person running an unregistered business under the name Cruel Designs.
  3. Client - each entity making purchases through the Store.
  4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.
  5. Store - an online store run by the Seller at the Internet address https://crueldesigns.com
  6. Distance contract - a contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
  7. Statute - these Store regulations.
  8. Order - Customer's declaration of intent submitted via the Order Form and aimed directly at concluding a Product Sales Agreement or Products with the Seller.
  9. Account - customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store.
  10. Registration form - a form available in the Store, enabling the creation of an Account.
  11. The order form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
  12. Basket - an element of the Store's software in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  13. Product - a movable item / service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
  14. Sales agreement - Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means - according to the features of the Product - a contract for the provision of services and a contract for specific work.

§ 3

Contact with the Store

  1. The customer can communicate with the seller using the contact form in the "Contact" tab.

§ 4

Technical requirements

To use the Store, including viewing the Store's assortment and placing orders for Products, you must:

  1. terminal device with access to the Internet and a web browser,
  2. an active e-mail account (e-mail),
  3. cookies are enabled,

§ 5

General information

  1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure. 
  2. Viewing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
  3. The prices given in the Store are given in Polish zlotys.
  4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store's website when placing the Order, including when expressing will to be bound by the Sales Agreement.
  5. In the case of an Agreement covering a subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the settlement period.
  6. When the nature of the subject of the Agreement does not allow, judging reasonably, for the advance calculation of the final price, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs, will be provided in the Store in the Product description.

§ 6

Rules for placing an Order

In order to place an Order: 

  1. select the Product that is the subject of the Order, and then click the "Add to Cart" button (or equivalent);
  2. log in or use the option of placing an Order without registration;
  3. if the option to place an Order without registration has been selected - fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data, if different from the recipient's details,
  4. click the "Buy and pay" button confirming the order.
  5. choose one of the available payment methods and, depending on the method of payment, pay for the order within a specified period, subject to § 7 point 3.

§ 7

Delivery and payment methods offered

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
  1. InPost courier delivery
  2. Shipment to the InPost parcel locker - the closest to the delivery address, unless the customer specifies otherwise in the information for the seller during the order
  3. The customer can use the following payment methods:
  1. Payment by bank transfer to the Seller's account
  2. PayPal electronic payments
  3. Payment by credit card via PayPal

3. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

§ 8

Execution of the sales contract

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 6 of the Regulations.
  2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of the receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
  3. If the customer chooses: 
  4. payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement - otherwise the order will be canceled.
  1. The beginning of the period of delivery of the Product to the Customer is counted as follows: If the Customer selects the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account. 
  2. Product delivery takes place only in Poland.

§ 9

The right to withdraw from the contract

  1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The running of the time limit specified in sec. 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.
  3. The consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
  4. The statement may be sent electronically by sending the statement to the Seller's e-mail address or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 3. The statement can also be submitted on the form, a model of which is attached as Annex 1 to these Regulations and Annex to the Act of May 30, 2014 on consumer rights, however, it is not obligatory.
  5. If the Consumer sends the declaration by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.
  6. Consequences of withdrawal from the Agreement:
  1. In the event of withdrawal from a Distance Agreement, the Agreement shall be considered void.
  2. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, except for additional costs resulting from the method of delivery chosen by the Consumer. other than the cheapest standard delivery method offered by the Seller.
  3. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.
  4. The Seller may withhold the reimbursement until receipt of the Product back or until proof of its return is provided to him, whichever occurs first.
  5. The consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
  6. The consumer bears the direct costs of returning the Product, including the costs of returning the Product, if, due to its nature, the Product could not be returned by regular mail.
  7. The consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.

9. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.

10. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:

  1. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,
  2. in which the item has been damaged due to the fault of the Consumer or has been used contrary to its intended use, 
  3. for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement,
  4. 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 deadline to withdraw from the Agreement,

§ 11

Complaint and warranty

  1. The Sales Agreement covers new Products.
  1. The seller is obliged to provide the customer with an item free from defects.
  2. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code. 
  3. Complaints should be reported electronically by completing the complaint form in the "Complaints and Returns" tab.
  4. It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, data of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.
  5. The Seller will respond to the complaint immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer's request was considered justified.
  6. Goods returned as part of the complaint procedure should be sent to the address provided by the Seller in response.

§ 12

Out-of-court ways of dealing with complaints and redress

  1. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Inspection Handlowa and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
  2. The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
  1. The consumer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller. 
  2. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller. 
  3. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

§ 13

Personal data in the Online Store

  1. The administrator of personal data of Customers collected via the Online Store is the Seller.
  2. Customers' personal data collected by the administrator via the Online Store is collected in order to implement the Sales Agreement, and if the Customer agrees - also for marketing purposes.
  3. The recipients of the personal data of the Customers of the Online Store may be: 
  1. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer's collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
  2. In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the Customer's collected personal data to the selected entity servicing the above payments in the Online Store. 

4. The customer has the right to access their data and correct them.

5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract. 

§ 14

Final Provisions

1. Agreements concluded through the Online Store are concluded in Polish
and English.

2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.

3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the Act on Consumer Rights, the Act on the Protection of Personal Data. 

4. The customer has the right to use extrajudicial means of dealing with complaints and redress. For this purpose, he may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.