Terms & Conditions
These Regulations define the general terms, conditions and method of sale conducted by Sebastian Kamiński żabiniec 101g/18 Kraków 31-215, NIP: 8391011703 , through the online store helenakaminska.pl (hereinafter referred to as: “Online Store”, “Seller” or “Administrator”) and define the terms and conditions of providing free services electronically.
- 1 Definitions
- Administrator – also referred to as the Seller.
- Working days – days of the week from Monday to Friday, excluding public holidays.
- Delivery – the act of delivering the goods specified in the order to the Customer by the Seller, through the Supplier.
- Supplier – an entity with which the Seller cooperates in the delivery of goods:
- 1. Inpost courier company
- 2. Polish Post
- 3. Inpost parcel locker
- 4. Orlen Package
- 5. DPD Pickup
- Customer – an entity for which services may be provided electronically or with whom a Sales Agreement may be concluded.
- Entrepreneur – a person conducting business or professional activity and performing legal acts directly related to his or her business or professional activity.
- Seller – Metropolis Helena Kamińska, 31-215 Kraków, Żabiniec 48B, NIP: 8391011703 , being at the same time the owner of the Online Store.
- Goods – a product presented by the Seller via the online store, which may be the subject of a Sales Agreement.
- Services – services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
- Agreement – a sales agreement concluded at a distance, on the terms specified in the Regulations, between the Customer and the Seller.
- Order – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.
- 2 General provisions
- All rights to the online store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the store’s website, as well as to templates, forms, logos posted on the website (except for logos and photos presented for the purpose of presenting goods, to which copyrights belong to third parties) belong to the Seller, and they may be used only in the manner specified in and in accordance with the Regulations and with the Seller’s consent expressed in writing.
- 3 Using the online store
- The Seller will make every effort to ensure that the use of the online store is possible for users using all popular web browsers, operating systems, device types and types of internet connections. The minimum technical requirements for using the Online Store Website are a web browser of at least Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 or newer, with Javascript enabled, accepting “cookies” and an internet connection with a bandwidth of at least 256 kbit/s.
- In order to place an order in the Online Store via the Store Website or via e-mail and to use the services available on the store website, the Customer must have an active e-mail account.
- The Customer is prohibited from providing content of an illegal nature and from using the store, its website or free services provided by the Seller in a manner that is contrary to the law, good customs or infringes the personal rights of third parties.
- The Seller declares that the public nature of the network and the use of services provided electronically may involve the risk of unauthorized persons obtaining and modifying Customer data, therefore Customers should use appropriate technical measures that will minimize the above-mentioned risks. This includes antivirus programs and programs protecting the identity of those using the network. The Seller never asks the Customer to provide them with their account password or other sensitive data.
- It is not permissible to use the resources and functions of the store for the purpose of conducting activities by the Customer that would violate the interests of the Seller.
- 4 Registration
- In order to create a Customer account, the Customer is obliged to complete free registration.
- Registration is not necessary to place an order in the online store.
- In order to register, the Customer should fill out the registration form provided by the Seller on the store website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During registration, the Customer sets an individual password.
- When filling out the registration form, the Customer has the opportunity to read the Regulations and accept their content by marking the appropriate field in the form.
- of registration by the Seller at the e-mail address provided in the registration form . At that moment, an agreement is concluded for the electronic provision of the “customer account management” service, and the Customer gains the ability to access the Customer’s account and make changes to the data provided during registration.
- 5 Orders
- The information contained on the store’s website does not constitute an offer from the Seller within the meaning of the Civil Code, but merely an invitation for Customers to submit offers to conclude a Sales Agreement.
- The customer can place orders in the store via its website or e-mail 7 days a week, 24 hours a day.
- A customer placing an order via the store website completes the order by selecting the Goods they are interested in. The Goods are added to the order by selecting the “ADD TO CART” command under the given Goods presented on the Store Website. After completing the entire order and indicating the method of Delivery and payment in the “CART”, the customer places the order by sending the order form to the Seller, selecting the ” Buy and pay ” button on the store website. Each time before sending the order to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as of all additional costs that they are obliged to incur in connection with the Sales Agreement.
- Placing an order constitutes the submission by the Customer to the Seller of an offer to conclude a Sales Agreement for the Goods that are the subject of the order.
- After placing the order, the Seller sends a confirmation of its placement to the e-mail address provided by the Customer.
- Then, after confirming the order, the Seller sends information about the acceptance of the order for execution to the e-mail address provided by the Customer. Information about the acceptance of the order for execution is a statement by the Seller about the acceptance of the offer referred to in §4 section 6 above and upon its receipt by the Customer, the Sales Agreement is concluded.
- After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them to the Customer’s e-mail address or in writing to the address indicated by the Customer during registration or placing an order.
- 6 Payments
- The prices on the store’s website placed next to a given Product are gross prices and do not include information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when selecting the method of Delivery and placing the order.
- When ordering home delivery, the Customer can pay for the ordered goods:
- 1. bank transfer to the Seller’s bank account (in this case, the execution of the order will begin after the Seller sends the Customer a confirmation of acceptance of the order and after the funds have been credited to the Seller’s bank account);
- 2. Paynow electronic payments
- If the Customer fails to make the payment on time, the Seller shall set an additional deadline for the Customer to make the payment and inform the Customer about it.
- If the second payment deadline expires, the Seller will send the Customer a declaration of withdrawal from the Sales Agreement pursuant to Article 491 of the Civil Code.
- 7 Delivery
- The Seller carries out Delivery within the territory of Poland and outside the territory of Poland.
- For shipping abroad, please contact us at 530530158 .
- The Seller is obliged to deliver the Goods that are the subject of the Sales Agreement free from defects.
- The delivery and order fulfillment deadline is counted in working days and is up to 14 days, about which the Customer is informed each time when placing the order.
- The delivery and order fulfillment deadline indicated on the store website is counted in business days.
- The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
- On the day the Goods are sent to the Customer, information confirming the shipment by the Seller is sent to the Customer’s e-mail address.
- The Customer is obliged to examine the delivered shipment in the time and manner accepted for shipments of this type. In the event of a loss or damage to the shipment, the Customer has the right to demand that the Supplier’s employee draw up an appropriate protocol.
- The Seller, in accordance with the Customer’s wishes, attaches a receipt or VAT invoice covering the delivered Goods to the shipment that is the subject of Delivery.
- In the event of the Customer’s absence at the address indicated by him, given when placing the order as the Delivery address, the Supplier’s employee will leave a notice or attempt to contact him by phone to establish a date when the Customer will be present. In the event of the return of the ordered Goods to the store by the Supplier, the Seller will contact the Customer by e-mail or phone, establishing with the Customer again the date and cost of the re-Delivery.
- The customer should check the condition of the package upon receipt from the courier. If the packaging has visible external damage during transport, we recommend refusing to accept the package and then contacting the indicated telephone number 530530158. However, after paying the amount due or acknowledging receipt of the package, it is also possible to open the package, but in the presence of the courier, and in the event of finding any discrepancies, the courier should be asked to draw up a damage report and at the same time be sure to keep this document for us. It is also best to contact us by phone at 530530158 .
- 8 Warranty
- The Seller ensures Delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
- If the Product is defective, the Customer may:
- 1. submit a declaration of a price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Goods with defect-free ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with defect-free ones or to remove the defects. The Customer may, instead of the removal of the defect proposed by the Seller, request the replacement of the Goods with defect-free ones or, instead of the replacement of the Goods, request the removal of the defect, unless bringing the item into conformity with the agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the Goods free from defects, the type and significance of the identified defect are taken into account, as well as the inconvenience to which the Customer would be exposed by another method of satisfaction.
- 2. demand the replacement of the defective Goods with defect-free ones or the removal of the defect. The Seller is obliged to replace the defective Goods with defect-free ones or remove the defect within a reasonable time without excessive inconvenience to the Customer. The Seller may refuse to satisfy the Customer’s request if bringing the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the second possible method of bringing them into compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.
- A customer who exercises warranty rights is obliged to deliver the defective item to the Seller’s address.
- The Seller is liable under the warranty if a physical defect is found before the expiry of two years from the date of issue of the Goods to the Customer. The claim for removal of the defect or replacement of the Goods with defect-free ones expires after one year. If the Customer requested replacement of the Goods with defect-free ones or removal of the defect, the period for withdrawal from the Sales Agreement or submission of a declaration of price reduction begins at the moment of ineffective expiry of the period for replacement of the Goods or removal of the defect.
- Any complaints related to the Goods or the performance of the Sales Agreement may be submitted by the Customer in writing to the Seller’s address or e-mail address: hellyblow@gmail.com .
- will respond to the complaint regarding the Goods or the complaint related to the performance of the Sales Agreement submitted by the Customer within 14 days from the date of the request containing the complaint.
- The Customer may file a complaint with the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be filed electronically and sent to the contact email address. In the complaint notification, the Customer should include a description of the problem. The Seller shall immediately, but no later than within 14 days, consider the complaint and provide the Customer with an answer.
- 9 Withdrawal from the Sales Agreement
- The Customer has the right to withdraw from the Sales Agreement within 14 days and without giving any reason.
- The deadline for withdrawal from the Agreement expires after 14 days from the date on which the Customer came into possession of the item.
- When withdrawing from the Agreement, you must inform the Seller by means of a letter sent by post, fax or e-mail.
- In the event of withdrawal from the Sales Agreement, it is considered not to have been concluded.
- In the event of withdrawal from the Sales Agreement, the Seller shall return to the Customer all payments received from him, including the costs of delivery of the Goods (with the exception of additional costs resulting from the Customer’s choice of a method of delivery other than the cheapest standard method of delivery offered by us), immediately, and in any case no later than 14 days from the day on which the Seller informed the Customer of the decision to withdraw from the Agreement.
- Refunds will be made using the same payment method that was used by the Customer in the initial transaction, unless the Customer expressly agrees to another solution.
- If the Customer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest standard method of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Customer.
- The Seller has the right to withhold reimbursement until receiving the goods or until proof of sending them back is provided, depending on which event occurs first.
- In the event of withdrawal, the Customer shall bear the direct costs of returning the goods, which may be returned by post in the normal manner.
- If, due to their nature, the Goods cannot be returned by regular mail, the Seller shall inform the Customer about the costs of returning the goods on the store’s website.
- The Customer is liable for any reduction in the value of the Goods resulting from their use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
- 10 Free services
- The Seller provides free services to Customers electronically: Contact form; Newsletter; Maintaining a customer account; Posting reviews.
- Free services are provided 7 days a week, 24 hours a day.
- The contact form consists of sending a message to the Seller using the form placed on the store’s website. Resignation from this service is possible at any time and consists of ceasing to send inquiries to the Seller.
- The Newsletter is a service that can be used by any Customer who enters their e-mail address, using the registration form provided by the Seller on the store’s website. After sending the completed registration form, the Customer immediately receives confirmation by the Seller via e-mail to the e-mail address provided in the registration form. At that moment, an agreement is concluded for the provision of the Newsletter service via e-mail.
- The Newsletter service consists of sending by the Seller, to the e-mail address, a message in electronic form containing information about new products or services in the Seller’s offer. The Newsletter is sent by the Seller to all Customers who have subscribed. Each Newsletter addressed to the given Customers contains, in particular: information about the sender, a completed “subject” field, specifying the content of the message and information about the possibility and method of canceling the service. The Customer may at any time cancel the receipt of the newsletter by unsubscribing via the link included in each e-mail sent as part of the service or by activating the appropriate field in their Account on the store’s website .
- Maintaining a Customer account is possible after registration and consists of providing the Customer with a dedicated panel within the store website, allowing the Customer to modify the data provided during registration, as well as track the status of orders and the history of orders already completed. A Customer who has registered may submit a request to delete their account, however, in the event of a request to delete it, it may be deleted up to 20 days from the date of the request.
- Posting opinions involves the Seller enabling Customers who have an account on the store’s website to publish individual and subjective statements of the Customer, in particular regarding the Goods.
- The Seller is entitled to block access to the Customer’s account and free services if the Customer acts to the detriment of the Seller or other Customers, the Customer violates legal regulations or provisions of the Regulations, and also when blocking access to the Customer’s account and free services is justified by security reasons – in particular: the Customer breaking the security of the store’s website or other hacking activities. Blocking access to the Customer’s account and free services for the above reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer’s Account and free services. The Seller notifies the Customer about blocking access to the Customer’s Account and free services electronically to the address provided by the Customer in the registration form.
- 11 Customer Obligations
- By posting content and making it available, the Client is voluntarily distributing it. The posted content does not express the views of the Seller and should not be identified with its activities. The Seller is not a content provider, but only an entity that provides appropriate IT resources for this purpose.
- The customer declares that:
- 1. is entitled to use the copyrights, industrial property rights and/or related rights to – respectively – the works, the subjects of industrial property rights (e.g. trademarks) and/or the subjects of related rights that make up the content;
- 2. the placement and disclosure within the services referred to in § 10 of the Regulations of personal data, image and information relating to third parties took place legally, voluntarily and with the consent of the persons concerned;
- 3. consents to access the published content by other Customers and the Seller, and authorizes the Seller to use it free of charge in accordance with the provisions of these Regulations;
- 4. consents to the adaptation of works within the meaning of the Copyright and Related Rights Act.
- The customer is not entitled to:
- 1. posting, when using the services referred to in § 10 of the Regulations, personal data of third parties and disseminating the image of third parties without the consent of the third party required by law;
- 2. advertising and/or promotional content when using the services referred to in § 10 of the Regulations.
- Customers are prohibited from posting content that could, in particular:
- 1. be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;
- 2. violate any rights of third parties, including rights relating to the protection of copyright and related rights, the protection of industrial property rights, trade secrets or relating to confidentiality obligations;
- 3. be offensive in nature or constitute a threat directed at other people, contain vocabulary that violates good manners (e.g. through the use of vulgarisms or terms generally considered offensive);
- 4. be contrary to the interests of the Seller;
- 5. otherwise violate the provisions of the Regulations, good customs, applicable laws, social or moral norms.
- In the event of receiving a notification, the Seller reserves the right to modify or remove content posted by Customers as part of their use of the services, in particular in relation to content that, based on reports from third parties or relevant authorities, has been found to constitute a violation of these Regulations or applicable laws. The Seller does not conduct ongoing control of posted content.
- The Customer consents to the Seller’s free use of the content he places on the store’s website.
- 12 Processing of personal data
- The administrator of personal data is the Seller, whose identification and contact data, which are first specified in §1 of these Regulations under the heading “Seller”.
- Personal data are processed in accordance with 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 (hereinafter referred to as GDPR) and other generally applicable provisions.
- Data obtained by the Administrator during the order placement and conclusion of the sales contract are processed in connection with:
- 1. the necessity to execute the agreements concluded by you with the Controller, as well as the actions taken before concluding the aforementioned agreements at your request (Article 6, paragraph 1, letter b) of the GDPR),
- 2. the necessity to fulfil a legal obligation incumbent on the Administrator (Article 6, paragraph 1, letter c) of the GDPR).
- In the event of initiating a newsletter subscription, personal data are processed on the basis of consent to the processing of personal data for marketing purposes in connection with sending commercial information in the form of a newsletter (Article 6, paragraph 1, letter a) of the GDPR).
- The Customer’s personal data may be processed in connection with the legitimate interest of the Administrator in order to secure and pursue claims (Article 6, paragraph 1, letter f) of the GDPR).
- Providing personal data is voluntary, but required to place an order, conclude a sales contract and its proper implementation.
- The Customer’s personal data may be transferred, depending on the selected method of order delivery and payment method, to a selected carrier or intermediary carrying out shipments on behalf of the Administrator for the purpose of delivery, as well as to an entity handling electronic payments or card payments, entities providing hosting services and entities from the IT industry maintaining an online store.
- Personal data is stored for the duration of the contract (newsletter subscription) and for the period necessary to secure or pursue any claims arising from the contract; post-sales customer service (handling complaints) or fulfilling the legal obligation imposed on the Administrator (resulting from, for example, accounting and tax regulations).
- Personal data processed for marketing purposes and purposes other than those listed above will be processed until the previously expressed consent to their processing is withdrawn.
- If the Administrator plans to further process personal data for a purpose other than the purpose for which the personal data were collected, the Administrator is obliged to inform the Client and provide all necessary information prior to such further processing.
- The Client has the right to request from the Personal Data Administrator access to their personal data, their rectification, deletion or restriction of processing, the right to object to their processing, as well as the right to transfer them. The Client also has the right to lodge a complaint with the supervisory authority.
- Information regarding the Administrator’s obligation to protect Buyers’ data collected during purchases in the Store in accordance with applicable regulations and in accordance with the highest standards of security and data protection is described in detail in the Privacy Policy (6. Personal Data Protection).
- 13 Final provisions
- The Seller is liable for non-performance or improper performance of the Sales Agreement.
- The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time by the Customer.
- In the event of a dispute arising from the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to the resolution of all disputes is Polish law.
- The Seller informs the Customer about the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to handle out-of-court disputes. These may include, in particular, consumer advocates or the Voivodeship Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php.
- The Seller informs that a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/.
- The Seller reserves the right to change these Regulations.
- All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are executed on the basis of the Regulations that were in force on the date of placing the order by the Customer. The change to the Regulations comes into force within 7 days from the date of publication on the Store’s Website. The Seller is obliged to inform the Customer 7 days before the entry into force of the new Regulations about their change by means of a message sent electronically, containing a link to the amended text.
- If the Customer does not accept the new content of the Regulations, he or she is obliged to notify the Seller of this fact and may not place new orders in the online store.
- The Regulations enter into force on the date of their publication.