Terms and Conditions
Terms and Conditions of using ewamacheta.com
§1. GENERAL PROVISIONS:
- These Regulations are addressed to the Users of the EWA MACHETA – PRACOWNIA ARTYSTYCZNA online shop, operating on the domain ewamacheta.com, who are both consumers and entrepreneurs.
- The online shop available at the domains specified in item 1 is run by Ewa Macheta, who runs a sole proprietorship under the name “EWA MACHETA – PRACOWNIA ARTYSTYCZNA”, with registered office at ul. Gen. Mariana Kukiela 47, 31-358 Cracow, PL.
- Details of the Internet shop:
a) address for correspondence: ul. Gen. Mariana Kukiela 47, 31-358 Cracow, PL;
b) VAT-ID: PL6121749929 ;
c) e-mail address: firstname.lastname@example.org;
d) bank account number: PL24 1140 2004 0000 3902 8132 3740 mBank S.A. - BIC: BREXPLPWMBK
- In order to successfully place an order in the Online Shop, it is required to have a web browsing device with active access to the Internet, to be able to fill in online forms (e.g. laptop, smartphone), to have an e-mail box and a telephone number, as well as to provide data enabling the shipment of goods.
- Placing a binding order in the Online Shop (conclusion of a contract) requires full acceptance of the content of these Terms and Conditions.
- If not indicated otherwise in the Terms and Conditions, the following expressions shall have the following meaning:
a) Online Shop – a shop available at the addresses ewamacheta.com ;
b) Seller – Ewa Macheta, running a sole proprietorship under the business name “EWA MACHETA – PRACOWNIA ARTYSTYCZNA”, with its registered office at ul. Gen. Mariana Kukiela 47, 31-358 Cracow, PL, VAT-ID 6121749929.
c) Buyer – any natural or legal person purchasing goods in the Online Shop;
d) Consumer – a natural person making a legal transaction with an entrepreneur which is not directly connected with his/her business or professional activity;
e) Sales contract – a contract of sale of goods available in the Online Shop, concluded between the Seller and the Buyer;
f) Terms and Conditions – these Terms and Conditions of the Online Store.
§3. SUBJECT MATTER OF THE SALE
- The subject of sale in the Online Shop are paintings and posters (hereinafter: goods), made according to original design of the Seller.
For some goods, the Seller shall make available to the Buyer additional options for their personalisation.. Such goods are made to the Buyer’s special order.
- The prices of goods and their descriptions displayed on the Store’s website do not constitute an offer within the meaning of the Civil Code but constitute commercial information. They become binding after confirmation of the order by the Seller.
- The Seller reserves the right to change prices of goods, as well as their descriptions, presented on the website, to introduce promotional prices for products, as well as to conduct sales of certain products.
- The Seller shall make every effort to ensure that the inventories visible on the Store’s website are up-to-date and reliable. In case of unavailability of the ordered goods, the Seller shall immediately inform the Buyer about the impossibility of performance. The parties may then agree a substitute performance or the Buyer may withdraw from the contract.
§4. PLACING AN ORDER – CONCLUSION OF CONTRACT
- Placing an order is done through the order form (cart) available on the Store’s website and adding individual products to this form.
- Orders may be placed through an individual account for the User, registered on the website or without registration.
- The data required to complete the order are: name, surname, telephone number, e-mail address, residential/business address, shipping address.
- The Buyer makes a selection of goods which he adds to his form (basket) and then makes a choice regarding the method of delivery and payment. After choosing the option “Order with obligation to pay” and receiving by the Buyer a confirmation of placing an order, the sales agreement is concluded between the Seller and the Buyer under the condition precedent of paying the sales price within 5 working days from placing the order.
- Failure by the Buyer to pay the sale price within the aforementioned period shall result in the failure of the sale agreement to come into effect (cancellation of the order).
- After receiving the payment, the Seller shall immediately start processing the order.
§5. METHODS OF PAYMENT
- The following payment methods are available in the Online Shop:
a) fast transfer via paynow.pl ;
b) traditional transfer to a bank account: PL24 1140 2004 0000 3902 8132 3740 mBank S.A. - BIC: BREXPLPWMBK
c) cash on delivery, after agreed by the seller – subject to item 2.
- The following are not shipped COD:
a) shipments containing goods personalized at the request of the Buyer, which are prepared for his individual order;
b) shipments exceeding value of 1000 PLN;
c) foreign shipments.
- Regardless of the chosen payment method, the Buyer is obliged to make the payment within 5 working days from the day of placing the order.
- The moment of making the payment is crediting the Seller’s bank account.
- After receiving the payment, the Seller shall start processing the order.
§6. DELIVERY OF GOODS
- On the territory of Poland, the Buyer may choose the following methods of delivery of goods at the following prices:
a) courier – with prepayment;
b) courier – cash on delivery;
c) personal collection in Cracow, PL.
- The option of personal collection, as defined in item 1(c) is available after prior agreement of the parties via e-mail or telephone.
- The current prices for shipments are adjusted individually per each product, Buyer can familiarise with pricing during creating an order.
- The Seller or the courier company confirms to the buyer that the package has been transferred to the courier company via e-mail or SMS. At the Buyer’s request, the Seller shall also immediately send the Buyer a tracking number for the consignment.
- You should carefully check the condition of the parcel upon receipt. If any damage is visible, please make a complaint report in the presence of the courier and inform us by the chosen contact method.
§7. ORDER PROCESSING AND DELIVERY
- The order processing time in the Republic of Poland is from 5 to 14 working days, counted from the day of receiving the payment by the Seller.
- The Seller reserves the right to extend lead times during holidays, vacations and winter holidays. Information on the date of interruption in the processing of orders will be placed on the Store’s website in good time.
- The delivery time for ordered products depends on the chosen method of delivery and is specified when placing the order, but is approximately 2-3 working days from the time the order is sent by the Seller.
- The delivery time for foreign shipments depends on the arrangements referred to in § 6 item 3. Upon acceptance of these arrangements, the Buyer will be informed of the estimated time by the Seller immediately by e-mail.
- In the event that the Buyer fails to collect the consignment within the time limit and consequently the consignment is returned to the Seller by the courier company, the Seller shall set an appropriate time limit for the Buyer to reconfirm the order.
- In the event of non-confirmation of the order, the Seller shall be entitled to withdraw from the contract and demand from the Buyer to cover any losses he has incurred, including the costs of delivery and return of unclaimed parcels.
- In the case of re-confirmation of the order, due to the necessity of re-dispatching, the Buyer shall be obliged to:
a) pay the additional fee for the delivery of goods in accordance with §6(3) of the Terms and Conditions;
b) pay the cost of return shipment incurred by the Seller.
§8. WITHDRAWAL FROM THE CONTRACT
- The right of withdrawal shall apply to:
(a) the Buyer who is a consumer;
(b) the Buyer who is a natural person concluding a contract directly related to his/her business activity and when it results from the content of the contract that it is not of a professional nature for him/her, in particular resulting from the subject of his/her business activity made available on the basis of the provisions of the Central Register and Information on Business Activity.
In the situation where the persons referred to in item 1 have concluded a distance contract or an off-premises contract, they shall have the right to withdraw from the contract so concluded:
c) without giving any reason;
d) within 14 days from the date of delivery of the goods.
- The right to withdraw from the contract does not apply if the subject of the performance is a non-reproduced item, produced according to the consumer’s specification or serving to satisfy his individualised needs, which results from Article 38 (3) of the Consumer Rights Act of 30 May 2014, in particular, the right to withdraw from the contract will not apply in the case of ordering personalised goods, made to the special order of the Buyer (e.g. in terms of the inscription, colour or design).
- The Buyer who wishes to exercise his right should make an appropriate declaration.
- The declaration referred to in item 2 may be submitted by:
a) sending an electronic message via the message form available on the Seller’s website. The Seller shall immediately confirm receipt of the statement in a return message;
b) sending an electronic message to the e-mail address of the Seller;
c) sending a statement in writing to the postal address of the Seller.
- The statement should be addressed to the following address: Ewa Macheta, „EWA MACHETA - PRACOWNIA ARTYSTYCZNA”, ul. Gen. Mariana Kukiela 47, 31-358 Cracow, PL or by e-mail to email@example.com.
- If you send your declaration in writing to your postal address, an additional message to your e-mail address will make the withdrawal procedure more efficient.
- In order to meet the withdrawal deadline it is sufficient for the statement to be sent before the 14-day period has expired. If the right of withdrawal is exercised, the contract shall be considered not to have been concluded and the parties shall return the benefits received from the other party.
- In the case of exercising the right of withdrawal, the Buyer shall be obliged to return the goods immediately, no later than within 14 days from the date on which he made a declaration of withdrawal. The Buyer must attach the original sales document to the returned goods.
- The goods can only be returned by a courier company of the Buyer’s choice.
- The Buyer shall bear the costs of returning the goods (i.e. the direct costs of shipping, securing the goods, packaging, etc.).
- Returned goods must not bear traces of use, must be complete and should be packed in the original packaging with undamaged so-called “clamps”, which are an important part of protecting the goods from damage, and if possible using bubble wrap and stretch film, included in the order. If the clamps as well as the foil and stretch are damaged by the Buyer when opening the parcel, the Buyer is obliged to secure the lamp in an equivalent manner which protects the lamp in transit.
- In the event of receiving a declaration of withdrawal, the Seller shall immediately refund to the Buyer the payments made by him/her:
a) the price of the goods;
b) the price of delivery of the goods up to the amount of the cheapest delivery option available on the Seller’s website.
- The money paid shall be refunded to the Buyer’s bank account within 14 days of receipt of the Seller’s statement of withdrawal at the latest. However, the Seller may withhold the payment until the goods have been received or until the Seller’s address has received proof of posting.
- The Seller’s preferred deadline for returning the goods is 3 to 7 days from the date of receipt of the Seller’s notice of withdrawal. In this case, the Seller shall endeavour to return the money paid within 3 working days to the Buyer’s bank account.
- Reimbursement shall be made by the same means of payment as those used in the initial transaction, unless otherwise agreed by the Buyer. The Buyer shall not bear any additional costs related to this return.
§9. QUALITY GUARANTEE
- Buyer is obligated to keep the confirmation of purchase issued by the Seller and attach such confirmation when Buyer decides to make quality complain in accordance with guarantee issued by EWA MACHETA – PRACOWNIA ARTYSTYCZNA.
- Quality guarantee applies to goods purchased in accordance with purchase agreement between Seller and Buyer.
- EWA MACHETA – PRACOWNIA ARTYSTYCZNA gives a quality and originality guarantee to the Buyer for a products made individually by Seller, adequately to type of used materials and technique of creating the goods.
- Rights of the Buyer from the title of rendered guarantee are automatically not longer valid in case of:
a) any modifications to the goods applied by any other party than EWA MACHETA – PRACOWNIA ARTYSTYCZNA;
b) in the event of using the goods in way that is improper for certain type of product and not in accordance with suggestions of the Seller; in the event when damages or defects resulting from harmful radiation or any mechanical damage.
- Notification of a defect in the goods by the Buyer and initiation of the complaint procedure takes place upon receipt by the Seller of the Buyer's statement on the notification of the defect in the goods and receive of the defective goods.
- Reported defects will be verified by EWA MACHETA – PRACOWNIA ARTYSTYCZNA, which will decide if the defect has not resulted from Buyer’s fault, Seller will review complain during 14 business days.
- If the Goods shall require renovation the period of reviewing complain may be extended to 28 business days.
§10. COMPLAINT PROCEDURE
- The Seller is obliged to deliver goods without defects.
If the Buyer discovers physical or legal defects after the ownership of the goods has passed to the Buyer, the Buyer shall be entitled to lodge a complaint under the warranty for defects.
- The implied warranty shall not apply in case of improper maintenance of the goods in a manner inconsistent with the instructions of the Seller, or in case of mechanical damage (e.g. bruise, breakage, chipping), or in case of alterations or repairs made by the user on his/her own.
- Customers who are consumers have the right to lodge a complaint. For customers who are entrepreneurs, the implied warranty for defects is excluded.
- In the event of mechanical damage occurring during delivery or in the event of a complaint to the Seller, the Buyer shall send the relevant information by e-mail to the Seller’s address. The notification must specify the type of defect that the product has and, if possible, document it. The Seller shall respond to such notification by e-mail or telephone within 14 days.
- The claims should be addressed to the following address: Ewa Macheta, „EWA MACHETA – PRACOWNIA ARTYSTYCZNA”, ul. Gen. Mariana Kukiela 47, 31-358 Cracow, PL or by e-mail to firstname.lastname@example.org.
- You may request one of the following:
a) replacement of the item with a defect-free item;
b) price reduction;
c) withdrawal from the contract;
d) repair of the product free of charge.
- The exchange of goods for goods free from defects does only apply to the posters.
- Reduction of the price or withdrawal from the contract shall not take place if the Seller immediately and without undue inconvenience for the Buyer replaces the defective item with a defect-free one or removes the defect.
- The Buyer is obliged to deliver the claimed product via a courier company chosen by the Seller and at his expense, together with the proof of purchase. Dispatch details will be agreed by telephone or e-mail between the parties.
- If the goods are dispatched, the Buyer is obliged to protect them properly, preferably using the original packaging with undamaged so-called “clamps”, which are an important part of the Goods protection against damage, and if possible using bubble wrap and stretch film included in the order. If the clamps as well as the foil and stretch are damaged by the Buyer when opening the parcel, the Buyer is obliged to secure the goods in an equivalent manner which protects item in transit.
- Rights under the implied warranty for defects shall be exercisable within 1 year of the date on which the defect was noticed, but no longer than 2 years from the delivery of the item.
§11. AGREEMENT ON PROVISION OF SERVICES BY ELECTRONIC MEANS
- Via its website, the Seller provides free electronic services to Users, in particular the service of providing a contact form, the service of sending Newsletter messages and maintaining an individual User account.
- Each use of the contact form means concluding an agreement between the User and the Seller for a definite period of time – for the time of using the message form by the User, i.e. editing and sending the message.
- The Newsletter contract is concluded for an indefinite period of time and may be terminated at any time at the User’s request to the Seller via e-mail.
- In the event of creating an individual account by the user, the Seller and the user conclude a contract for the provision of electronic services in the form of maintaining that account on the Shop’s website, making it possible to view the Shop’s website after logging on to that account and making purchases through it.
- The contract is concluded for an indefinite period and may be terminated at any time at the request of the User who asks the Seller to delete his/her account.
In such a case, the Seller is obliged to immediately remove the account and any personal data related to it, with the exception of data necessary for the Seller due to the protection of his legitimate interest (e.g. data on orders placed in order to comply with the obligations incumbent on the Seller under the law).
- Deletion of the User’s account will take place no later than within 14 working days from the receipt of the request for deletion by the Seller.
- In the context of all electronically supplied services, the user may not provide content of an unlawful nature, and in particular may not post content that is defamatory or otherwise violates the rights of third parties.
- In the case of violation of the law or these Terms and Conditions by the User, the Seller shall call the User to desist from the violation within 7 days of receiving the call. The summons may be sent in electronic form. If the summons proves ineffective, the Seller will be entitled to withdraw from the contract for the provision of services and remove the User’s account from the service.
- The User shall have the right to lodge a complaint in the event of any comments on the provision of the services referred to in items 1 and 2 of this section. The complaint shall be considered by the Seller within 14 days and the Seller shall inform the User about the result of the investigation via e-mail.
§12. OUT-OF-COURT DISPUTE RESOLUTION
- In the case of the Shop’s Customers who are consumers, it is possible to use out-of-court dispute resolution methods between the consumer and the Seller.
- The ODR platform (Online Dispute Resolution) can be found at the following internet address https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL, which allows you to initiate an out-of-court dispute resolution between a trader and a consumer.
- In addition, the consumer has the possibility to turn to the relevant Regional Trade Inspection Inspectorate in order to initiate mediation proceedings, as well as to a permanent arbitration court operating at the relevant Trade Inspection in order to examine the case before the arbitration court.
- Free assistance with consumer disputes is provided by county or municipal consumer ombudsmen, as well as consumer organisations. More information on how to get help is available at https://www.uokik.gov.pl/sprawy_indywidualne.php.
- Other useful information on out-of-court settlement of consumer disputes can be found on the websites of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/wazne_adresy.php#faq592, https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php, http://polubowne.uokik.gov.pl/ .
§13. COPYRIGHT RESERVATION
- The Seller declares that both the Shop website and all content available on this website, including logos, descriptions, photos, graphics and other images, are works within the meaning of the Act on Copyright and Related Rights of 4 February 1994. (Journal of Laws No. 24, item 83).
- Any copying, distribution, reproduction or retransmission or any other action in relation to the site itself or the content contained therein, including reproduction on other websites or social media is prohibited without the express consent of the Seller or other authorized entity.
- It is only permitted to cite this page when indicating the source by providing a link (hyperlink) to another website that leads directly to the Seller’s website.
§14. FINAL PROVISIONS
- In the case of legal disputes with the Customer being an entrepreneur, the competent court will be the court having jurisdiction over the Seller’s registered office. In the event of litigation with the consumer, the jurisdiction will be determined by the general rules.
- In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply, including but not limited to the Civil Code and the Consumer Rights Act.