The online store available at the internet address magdalenakapela.comis run by KAPELLA ART. LIMITED LIABILITY COMPANY with its registered office at 43-300 Bielsko-Biała, prof. dr Mieczysława Michałowicza 12, entered into the register of entrepreneurs of the National Court Register under number KRS: 0000830738, NIP: 5472217560, REGON: 38562239300000.
1/ Consumer - a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.2/ Seller - KAPELLA ART. LIMITED LIABILITY COMPANY with its registered office at 43-300 Bielsko-Biała, prof. dr Mieczysława Michałowicza 12, entered into the register of entrepreneurs of the National Court Register under number KRS: 0000830738, NIP: 5472217560, REGON: 38562239300000.3/ Client - any entity making purchases through the Store.4/ Entrepreneur - a natural person, legal person, and organizational unit without legal personality, to which a separate act grants legal capacity, conducting business activity on their own behalf, who uses the Store.5/ Store - the online store run by the Seller at the internet address magdalenakapela.pl6/ Distance Contract - an agreement concluded with the Client within an organized system of concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of remote communication up to and including the conclusion of the agreement.7/ Regulations - these store regulations.8/ Order - the Client's declaration of intent submitted using the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.9/ Account - the Client's account in the Store, where data provided by the Client and information about Orders placed by them in the Store are collected.10/ Registration form - a form available in the Store that allows creating an Account.11/ Order form - an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and defining the terms of the Sales Agreement, including the delivery and payment method.12/ Basket - an element of the Store's software where the selected by the Client Products for purchase are visible, and the possibility of determining and modifying the Order data, in particular, the quantity of products, is also given.13/ Product - a movable item/service available in the Store that is the subject of the Sales Agreement between the Client and the Seller.14/ Sales Agreement - a Product sales agreement concluded or entered into between the Client and the Seller via the Store.15/ Right of withdrawal - the possibility for a Client who is a Consumer to withdraw from a Distance Agreement.
1/ The Store's email address is: sklep@magdalenakapela.pl2/ The correspondence address is: KAPELLA ART. LIMITED LIABILITY COMPANY, prof. dr Mieczysława Michałowicza 12, 43-300 Bielsko-Biała.
1/ The necessary condition for using the Store is that the Client has an end device that meets the minimum technical requirements for using the Service, including: a computer, laptop, tablet, or other end device with Internet access, installed software including a web browser that allows displaying web pages.
1/ The Seller is not responsible for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the online store with the Client's technical infrastructure.2/ Browsing the Store's assortment does not require setting up an Account. Placing orders by the Client for Products in the Store's assortment is possible either after setting up an Account in accordance with the provisions of § 6 of the Regulations or by providing necessary personal and address data to enable the execution of the Order without setting up an Account.3/ The prices given in the Store are in Polish zlotys and are gross prices (including VAT).4/ The final (total) amount to be paid by the Client consists of the price for the Product and the cost of delivery (including transport, delivery, and postal fees), about which the Client is informed on the Store's pages when placing the Order, including when expressing the will to be bound by the Sales Agreement.5/ In the case of an Agreement covering a subscription or the provision of services for an indefinite period, the final (total) price is the total price including all payments for the settlement period.6/ When the nature of the object of the Agreement does not allow, reasonably assessing, for prior calculation of the final (total) price, information about the way the price will be calculated, as well as transport, delivery, postal fees, and other costs, will be provided in the Store in the Product description.
1/ To set up an Account in the Store, you need to fill out the Registration form. It is necessary to provide the following data: first name, last name, and email address.2/ Setting up an Account in the Store is free.3/ Logging into the Account is done by providing the login and password set in the Registration form.4/ The Client can delete the Account at any time without giving reasons and without incurring any charges by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.
To place an Order:a/ log in to the Store (optional);b/ select the Product being the subject of the Order, and then click the 'Add to basket' button (or equivalent);c/ log in or use the option of placing an Order without registration;d/ if the option of placing an Order without registration is chosen – fill in the Order form by entering the Order recipient's data and the address to which the Product is to be delivered, select the type of shipment (Product delivery method), enter the invoice data if different from the Order recipient's data,e/ click the button confirming the order, e.g., 'Order and pay' and confirm the order by clicking the link sent in the email,f/ choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.
1/ The Client can use the following delivery or collection methods for the ordered Product:a/ Postal shipment, postal cash on delivery,b/ Courier shipment, courier cash on delivery,c/ Personal collection available at the address: 43-300 Bielsko-Biała, prof. dr Mieczysława Michałowicza 12.2/ The Client can use the following payment methods:a/ Cash on deliveryb/ Bank transfer to the Seller's accountc/ Electronic paymentsd/ Payment by credit card.3/ Detailed information on delivery methods and acceptable payment methods are available on the Store's pages.
1/ Conclusion of the Sales Agreement between the Client and the Seller takes place after the Client places an Order using the Order form in the online Store in accordance with § 7 of the Regulations.2/ After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by sending the Client an appropriate email to the Client's email address provided during the Order submission, which contains at least the Seller's statements about receiving the Order and its acceptance for execution and confirmation of concluding the Sales Agreement. Upon receiving the above email by the Client, a Sales Agreement between the Client and the Seller is concluded.3/ In the case of the Client's choice:a/ bank transfer, electronic payments, or payment by credit card, the Client is obliged to make the payment within 1 calendar day from the day of concluding the Sales Agreement – otherwise, the order will be canceled.b/ cash on delivery upon receipt of the shipment, the Client is obliged to make the payment upon receipt of the shipment.4/ If the Client has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to section 5 of this paragraph), in the manner chosen by the Client when placing the Order.a/ In the case of ordering Products with different delivery times, the delivery time is the longest specified time.b/ In the case of ordering Products with different delivery times, the Client has the option to demand the delivery of Products in parts or the delivery of all Products after completing the entire order.5/ The start of the Product delivery period to the Client is counted in the following way:a/ In the case of the Client's choice of bank transfer, electronic payments, or credit card payment method – from the day of crediting the Seller's bank account.b/ In the case of the Client's choice of cash on delivery – from the day of concluding the Sales Agreement,6/ In the case of the Client's choice of personal collection of the Product, the Product will be ready for collection by the Client within the time specified in the Product description. The Client will be additionally informed about the Product's readiness for collection by the Seller by sending an appropriate email to the Client's email address provided during the Order submission.7/ Product delivery takes place only within Poland.8/ Product delivery to the Client is payable unless the Sales Agreement provides otherwise. The Product delivery costs (including transport, delivery, and postal fees) are indicated to the Client on the Store's pages in the 'Delivery costs' tab and during the Order submission, including when the Client expresses the will to be bound by the Sales Agreement.9/ Personal collection of the Product by the Client is free.
1/ The Consumer can withdraw from the Sales Agreement within 14 days without giving any reason.2/ The period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person indicated by them other than the carrier.3/ In the case of an Agreement that covers many Products that are delivered separately, in batches, or in parts, the period specified in paragraph 1 runs from the delivery of the last item, batch, or part.4/ In the case of an Agreement that involves the regular delivery of Products for a fixed period (subscription), the period specified in paragraph 1 runs from taking possession of the first item.5/ The Consumer can withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the declaration before the withdrawal period expires.6/ The declaration of withdrawal can be sent by traditional mail or electronically by sending the declaration to the Seller's email address. The declaration can also be submitted on the form, the template of which constitutes an appendix to the Act of 30 May 2014 on consumer rights, but it is not obligatory.7/ Consequences of withdrawing from the Agreement:a/ In the case of withdrawal from a Distance Agreement, the Agreement is considered null and void.b/ In the case of withdrawal from the Agreement, the Seller returns to the Consumer all payments received from them, including the costs of delivering the item, except for additional costs resulting from the Consumer's choice of a delivery method other than the least expensive standard delivery method offered by the Seller, immediately and in any event not later than 14 days from the day on which the Seller was informed about the Consumer's decision to exercise the right to withdraw from the Agreement.c/ The Seller will refund the payment using the same means of payment that the Consumer used for the original transaction unless the Consumer has expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of this refund.d/ The Seller may withhold the refund until the Product is received back or the Consumer has supplied evidence of having sent back the Product, whichever is the earliest.e/ The Consumer should send back the Product to the Seller's address provided in these Regulations immediately and in any event not later than 14 days from the day on which they informed the Seller about withdrawing from the Agreement. The deadline is met if the Consumer sends back the Product before the period of 14 days has expired.f/ The Consumer bears the direct costs of returning the Product, including the cost of returning the Product if, due to its nature, the Product could not have been returned by regular mail.g/ The Consumer is only liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Product. In the case of paintings, using the Product by the Consumer by opening its original packaging and exposing it to atmospheric conditions results in the acknowledgment that the Product's value has been reduced by 100%, as the Product is no longer suitable for re-exhibition in its original condition.8/ The right to withdraw from a Distance Agreement is not granted to the Consumer in respect of contracts:- in which the subject of the service is a non-prefabricated item, produced according to the Consumer's specifications or serving to satisfy their individualized needs.- in which the subject of the service is an item that deteriorates quickly or has a short period of usability.- in which the subject of the service is an item delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.- in which the subject of the service is items that after delivery, according to their nature, are inseparably connected with other items.- in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market, which are beyond the control of the Seller.- in which the Consumer has expressly requested that the Seller come to them for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer or delivers items other than replacement parts necessary for the repair or maintenance, the right of withdrawal is granted to the Consumer regarding additional services or items.- in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package if the package was opened after delivery.- for the delivery of newspapers, periodicals, or magazines, except for subscription contracts.- concluded by public auction.- for the provision of services if the Seller has fully performed the service with the Consumer's explicit consent, who was informed before the service began that after the performance by the Seller, they would lose the right to withdraw from the Agreement.- in which the subject of the service is digital content that is not recorded on a tangible medium, if the performance has begun with the Consumer's prior express consent and their acknowledgment that they thereby lose the right to withdraw from the Agreement.- for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the Consumer's prior express consent and their acknowledgment that they thereby lose the right to withdraw from the Agreement.
1/ The Seller is obliged to deliver the Product without defects.2/ If the Product has defects, the Client may file a complaint regarding the concluded Sales Agreement.3/ The complaint can be submitted in writing to the Seller's address provided in these Regulations or electronically via email to the Seller's email address provided in these Regulations.4/ The preferred method of submitting complaints by the Client to the Seller is to fill out the Complaint form, which constitutes appendix no. 2 to these Regulations.5/ In the complaint submission, the Client should provide their first name, last name, correspondence address, email address, date of concluding the Sales Agreement, type of defect of the Product, and Client's request.6/ The Seller will address the complaint promptly, no later than within 14 days from the date of its receipt. The Seller's response to the complaint will be sent to the Client's email address or in another manner indicated by the Client in the complaint submission.7/ If verifying the complaint requires additional information from the Client, the Seller may ask the Client to provide them.8/ The Client, being a Consumer, has the possibility to use out-of-court methods of dealing with complaints and pursuing claims. To amicably resolve the dispute, the Client may refer to:a/ The Permanent Consumer Arbitration Court at the Provincial Inspectorate of Trade Inspection in Bielsko-Biała,b/ The Provincial Inspector of Trade Inspection in Bielsko-Biała.9/ Information on how to access the above-mentioned modes and procedures of out-of-court dispute resolution, their seats, and territorial jurisdiction areas are made available by the above-mentioned entities.
1/ The administrator of the personal data of Clients collected through the online store is the Seller.2/ Personal data of Clients collected by the administrator through the online store is collected for the purpose of implementing the Sales Agreement, and if the Client consents to it – also for marketing purposes.3/ The administrator of the personal data of Clients collected through the online store is the Seller.4/ The administrator of the personal data of Clients collected through the online store is the Seller.5/ The administrator of the personal data of Clients collected through the online store is the Seller.6/ Detailed information on the processing of personal data of Clients by the Seller is included in the Privacy Policy posted on the online store's pages.
1/ Agreements concluded through the online store are concluded in the Polish language.2/ The Seller reserves the right to amend the Regulations for important reasons, i.e.: changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Client of each change at least 7 days in advance.3/ In matters not covered by these Regulations, the universally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Act on copyright and related rights, the Act on the provision of electronic services, the Act on consumer rights, the Act on personal data protection.4/ The Client has the right to use out-of-court methods of handling complaints and pursuing claims. To do this, they can submit a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.