Terms and conditions – Ursulla Brand

Shop terms and conditions

§ 1 General provisions

The Ursulla Brand online store, operating at the internet address www.ursullabrand.com, is run by Adam PodlipskI operating under the name Ursulla Brand Adam Podlipski, registered at Powstańców Warszawy 25/5, 11-400 Kętrzyn, Poland.
The Customer may communicate with the Seller using the e-mail address ursullabrand@gmail.com.
These Regulations specify in particular:
a) the rules for registering and using the account as part of the Online Store;
b) the rules for using and placing orders;
c) the rules for concluding distance sales contracts via the Store;
d) the complaint procedure;
e) the procedure for withdrawal from the contract by the Consumer.
In terms of services provided electronically, these Regulations are the Regulations referred to in Art. 9 of the Act on the provision of electronic services of July 18, 2002 (i.e. Journal of Laws of 2021, item 344, as amended).
The condition for using the Store and concluding a Sales Agreement is the acceptance of the provisions of these Regulations. By accepting it, the customer agrees to all provisions and undertakes to comply with them. The Regulations are available on the website of the Ursulla Brand Store in the “Regulations” tab.
The sale takes place on the basis of the version of the Regulations in force at the time of placing the order.
The customer cannot make a purchase anonymously or under a pseudonym or using incorrect personal data.
The information provided on the Store’s website, including information about the presented products (in particular, their descriptions, technical and performance parameters and prices), do not constitute an offer within the meaning of the Civil Code, and are an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended).

§ 2 Definitions

Store Regulations- this set of regulations organizing the rules for using the store’s services by customers.
Consumer- a natural person for whom the conclusion of a Sales Agreement is not directly connected with his/her economic or professional activity.
Entrepreneur with the rights of a Consumer – a natural person concluding a contract related directly to his business activity, but the content of the contract shows that it does not have a professional nature for him, in accordance with art. 38 a of the Act on consumer rights and 3855, art. 5564, art. 5565 and art. 5765 of the Civil Code.
Customer or User – a natural person, including a Consumer, who is at least 13 years of age, provided that he has obtained the consent of a statutory representative, a legal person and an organizational unit that is not a legal person, whose special provisions grant legal capacity, which uses the services provided by the Store.
Order form – a service available on the website through which the Customer can make a purchase, i.e. by adding goods to the basket and defining certain terms of the sales contract, such as the method of delivery and payment.
Cart – an element of the store in which the goods selected by the customer are visible, and in which the customer has the option of determining and modifying the order data.
Delivery – the actual act of delivering to the Buyer by the Seller, via the Supplier, the Product specified in the order.
Supplier – Poczta Polska S.A. based in Warsaw or a courier company with which the Seller cooperates in the delivery of products.
Working days – days of the week from Monday to Friday, excluding public holidays.
Payment – a method of making a payment in a certain amount for the Product and Delivery, via the online payment methods available in the Store.
Store – website belonging to the Seller, available at the domain: www.ursullabrand.com, through which the Customer can purchase goods from the Seller.
Seller – Adam Podlipski running a business under the name of Ursulla Brand Adam Podlipski, registered at Powstańców Warszawy 25/5, 11-400 Kętrzyn, Poland, who, while conducting a profit-making activity, proposes to sell via his website.
Goods / product – a movable item traded between the Store and the Customer, whose terms of sale are specified in the order form. Products are sold for a fee, unless expressly stated otherwise.
Distance contract – a distance sale contract concluded between the Customer and the Seller, without the simultaneous physical presence of the Parties, via the Store via the order form, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
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.
Order – action, declaration of will of the Customer, aimed directly at concluding a Product Sales Agreement with the Seller and performance of the service for the Customer, under the conditions specified in these Regulations.
Order form – the Store’s form by means of which the Customer may place an Order and perform the Sales Agreement.
GDPR – means Regulation of the European Parliament and of the Council EU 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation ).
Consumer Rights Act – the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), hereinafter referred to as the Act.
Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
Act on the protection of personal data – the Act of 10 May 2018 on the protection of personal data (Journal of Laws 2018, item 1000, as amended).

§ 3 Technical requirements

In order to use the Store properly, including browsing the Store’s assortment and placing orders, the following minimum technical requirements are necessary:
a) terminal device with access to the Internet
b) the current version of the web browser that supports cookies, e.g. Internet Explorer, Chrome, FireFox, Opera, Safari, Android Browser;
c) an active e-mail account;
d) enabled cookies.
The store is not obliged to deliver the above devices.
The Seller takes appropriate actions to ensure the proper functioning of the Store.

§ 4 Using the Store and creating an Account

In order to place an order in the Online Store and use the Services provided electronically via the Online Store Website, it is necessary for the Buyer to have an active e-mail account.
Viewing the Store’s assortment does not require creating an Account.
Placing orders by the Customer for Products is possible either after creating an Account or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
Creating an Account is free.
To set up an Account in the Store, you must complete the Registration Form.
Logging in to the Account is done by entering the login and password set in the Registration Form.
The Customer may delete the Account at any time by sending an appropriate request to the Seller, in particular via e-mail or in writing to the Seller’s address.
The Seller uses the mechanism of “cookies”, which are saved by the Seller’s server on the hard drive of the Buyer’s end device when the Buyer uses the Online Store Website. The use of “cookies” is aimed at the correct operation of the Online Store Website on the Buyer’s end device.
The Buyer may disable the “cookies” mechanism in the web browser of his end device, but this may hinder or prevent the use of the Online Store Website. More in the “Privacy Policy” tab.
The Seller is not responsible 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.

§ 5 Placing Orders and Shipping

Orders are accepted using the order form sent on the website www.ursullabrand.com, 7 days a week, 24 hours a day.
Orders placed in the store are processed during the store’s working hours, i.e. on working days from 8:00 to 17:00.
The Customer may purchase the Product by selecting it from the appropriate subpage of the Store.
After selecting the Product, in order to make the purchase, the Customer should take the next steps in accordance with the messages displayed on the Store’s pages, i.e. first click the “Add to cart” button (the selected Product will be added to the shopping cart), and then fill in the order form and select forms of delivery and payment and clicking the purchase confirmation.
When placing the Order, until you click the “Buy and pay” button, the Customer has the option of modifying the personal data and data provided by him in the scope of the Products he has chosen, as well as in the form of payment.
By clicking the “Buy and pay” button, the customer is aware that the conclusion of the contract is related to the obligation to pay the payment due to the Seller.
Sending the Order by the Customer is a declaration of the Customer’s will to conclude a Sales Agreement with the Seller, in accordance with the content of these Regulations.
The customer makes the payment by selecting one of the payment methods, and then makes the payment.
The fact of making a purchase is confirmed by an e-mail sent to the e-mail address provided by the Customer in the Order form.
The Sales Agreement is treated as concluded when the Customer receives the e-mail referred to in paragraph 9 of this paragraph. The Sales Agreement is included in the content in accordance with the Regulations.
The Seller reserves the right not to process the Order in the event of:
a) incorrect completion of the Order form – lack of all data needed to complete the Order;
b) not receiving the payment within 3 days of placing the Order in the case of payment by bank transfer.
In the case of placing an order payable by traditional transfer, the process of order fulfillment by the Seller begins after the payment for the placed orders is credited to the Store’s bank account.
An invoice is issued for each order.
The order fulfillment period is 1-5 business days, counted from the date of conclusion of the Sales Agreement between the Seller and the Buyer.
The order is considered completed when the order is prepared for shipment. The delivery period (shipment) begins with the completion of the order.
The purchased Goods are shipped by the method of Delivery chosen by the Buyer to the address indicated by the Buyer in the order.
Upon receipt of the parcel, the Buyer should carefully check the contents of the parcel in the presence of the courier. In the event of damage to the shipment, the Buyer should prepare a damage report together with the courier, in two identical copies signed by the Buyer and the courier.

§ 6 Price and Payment

The prices of the Products posted on the Store’s website are gross prices and include all taxes required by applicable legal regulations (including VAT).
Product prices are given in Polish zlotys and in a foreign currency – Swedish crown.
The price given in the order is the total value that the customer is obliged to pay (gross price). If the Consumer is obliged to pay in excess of the agreed price, the Store will immediately inform the Consumer about this fact. The consumer will be charged with additional costs only after obtaining the express consent of the consumer.
The Seller reserves the right to:
a) changes in the prices of Products;
b) introducing new and withdrawing Products;
c) conducting promotions and discounts;
d) offering free Products.
As part of the functioning of the Store, payment is possible only by traditional electronic transfer.
The customer is obliged to pay the fee for the order placed within 3 working days from the date of placing the order. Otherwise, the Seller’s offer is not binding and the order is removed from the system.
The order number should be provided in the payment title.
It is possible to extend the payment deadline after informing the Customer Service Department of this fact.
The product will be shipped after the transfer is received and credited to the Seller’s bank account.

§ 7 Complaint

The seller is liable to the customer who is a consumer within the meaning of art. 221 of the Civil Code for non-compliance with the Sales Agreement for Products purchased by the Customer (warranty), as well as in accordance with the provisions of the Act on consumer rights and art. 556 and following of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2019, item 1145, as amended).
The Seller is obliged to deliver a Product free from defects.
The Seller is liable to the Customer under the warranty for defects to the extent specified in the Civil Code, if the Product has a physical or legal defect.
A physical defect of the goods consists in the non-compliance of the sold goods with the contract, i.e. in the following situations:
a) the goods do not have properties that should have the purpose of the contract resulting from the circumstances or destination;
b) the goods do not have properties that the Seller has provided to the Customer;
c) the goods are not suitable for the purpose of which the Customer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections as to its intended use;
d) the goods were delivered to the Customer incomplete.
A legal defect of a good occurs when it is owned by a third party or the restriction in its use results from a decision or judgment of a competent authority.
The Seller is liable under the warranty if a physical defect is found before the expiry of 2 years from the date of delivery of the item to the Customer.
If the product has a defect, the Customer may submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately replaces the defective goods with a defect-free one 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 satisfied the obligation to replace the goods with a defect-free one or to remove the defect.
If the product has a defect, the Customer may, instead of the removal of the defect proposed by the Seller, request the replacement of the product with a product free from defects, or instead of replacing the product, demand that the defect be removed, unless it is impossible to bring the goods into compliance with the contract in the manner chosen by the Consumer or would require excessive costs compared to with the method proposed by the Seller.
The customer cannot withdraw from the contract if the defect is irrelevant.
The complaint should be sent to the Seller’s e-mail address provided in the regulations: ursullabrand@gmail.com.
The customer may use the complaint form attached to these Regulations.
The complaint should include:
a) data of the person submitting the complaint, i.e. name and surname, correspondence address, e-mail address, mobile phone number;
b) the subject of the complaint, e.g. the type and date of the defect, along with an attached photo and the content of the request;
c) the order number appearing in the order confirmation;
d) optional invoice to facilitate the submission of a complaint.
In the event of an incomplete complaint, the Seller will call the Customer to complete it.
The seller will respond to the complete complaint within 14 days of receiving the complaint and inform the customer about further proceedings to the e-mail address of the person submitting the complaint.
The Seller will process the Customer’s personal data in order to consider the complaint in accordance with the privacy policy.
The Customer who exercises the rights under the warranty will deliver the defective goods at the expense of the Seller.
If the complaint is justified, the Seller undertakes to replace the defective product with one free from defects or to remove the defect within a reasonable time without undue inconvenience to the Customer.
In the event of an effective withdrawal from the contract, the seller undertakes to refund the payment within 14 days from the date of receipt of the withdrawal from the contract, with the proviso that the payment will not be refunded until the goods are returned or the customer provides proof of its return.
If the Consumer has requested replacement of the item or removal of the defect, or has submitted a price reduction statement, specifying the amount for which the rating is to be reduced, and the seller has not responded to this request within 14 days, it is considered that the request was considered justified.
The claim for the removal of the defect or replacement of the product with a product free from defects expires after one year from the date of finding the defect. In the case of a Consumer, the limitation period may not end before the expiry of 2 years.
Goods purchased in the “Second Hand” section will not be subject to a complaint due to the defect indicated in the product description or visible in the attached photos.

§ 8 Right of withdrawal

The consumer has the right to withdraw from the contract within 14 days, without giving any reason, from the date of delivery of the goods, i.e. from the date of receipt of the goods by the consumer.
In order to exercise the right to withdraw from the contract, the Consumer must inform the Seller about his decision to withdraw from the contract by means of an unequivocal statement, e.g. a letter sent by e-mail. To meet the deadline to withdraw from the contract, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
The template of the declaration is attached to these Regulations.
The Seller shall immediately confirm to the Consumer by e-mail (provided at the conclusion of the Sales Agreement and another, if provided in the submitted statement) receipt of the declaration of withdrawal from the contract.
In the event of withdrawal from the Sales Agreement, it is considered void.
The purchased Product is sent by the Consumer to the Seller’s address: ul. Powstańców Warszawy 25/5, 11-400 Kętrzyn.
The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract, return to the Consumer all payments made by him, including the cost of delivering the goods, but the payment will not be refunded until the goods are received back.
The Seller will refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
The Consumer bears only the direct costs of returning the items to the Seller.
The consumer is responsible for the decrease in the value of the Good as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
The Seller does not accept Goods returned in cash on delivery.
The Seller does not accept Goods sent back in the form of letters or registered letters via Poczta Polska. Poczta Polska parcels are accepted.
The right to withdraw from the sales contract is not available to the Consumer in relation to a contract 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.
The right to withdraw from a distance contract is not available to an entity other than the Consumer, within the meaning adopted for the purposes of these Regulations.

§ 9 Provisions regarding Entrepreneurs with Consumer Rights

An entrepreneur with the rights of a consumer is an entrepreneur who makes purchases in the Store that are related to his business activity, but do not have a professional nature for him, resulting in particular from the subject of his business activity pursuant to the provisions on the Central Registration and Information on Economic Activity, in accordance with Art. 38a of the Act on consumer rights.
The entrepreneur referred to above will be subject to the provisions of these Regulations that apply to the Consumer, i.e.:
a) withdrawal from the contract by the Consumer;
b) complaints and warranty;
to the limited extent of Art. 38 a of the Act on consumer rights and 3855, art. 5564, art. 5565 and art. 5765 of the Civil Code. In the remaining scope, the provisions of the Regulations concerning Entrepreneurs shall apply.
An entrepreneur with consumer rights should complete the complaint or withdrawal form, and in particular provide data confirming his status in accordance with art. 38a of the Act on consumer rights or provide this information in another way.
The forms constitute an attachment to the Regulations.
An entrepreneur on the rights of a consumer declares in the form sent to the Seller that the purchased Product, and thus the concluded sales contract, are directly related to his business activity, but they do not have a professional nature for him, resulting in particular from the subject of business activity on the basis of provisions on the Central Register and Information on Economic Activity, which proves that he meets the conditions for being such an entrepreneur.

§ 10 Provisions relating to Entrepreneurs

The provisions of this paragraph apply to the Store’s Customers who are Entrepreneurs.
In the case of the sale of the Product in trade between entrepreneurs pursuant to art. 558 § 1 of the Civil Code, the parties exclude the Store’s liability under the warranty for physical and legal defects.
The Seller’s total liability towards the Entrepreneur (Customer) for non-performance or improper performance of the sales contract is limited to the amount of the Product price paid and the placed Order, in the event of deliberate damage. The Seller is not responsible for the lost profits in relation to the Entrepreneur.
Settlement of any disputes between the Seller and the Customer who is not a consumer within the meaning of art. 221 of the Civil Code, is subject to the court having jurisdiction over the seat of the Seller.

§ 11 Out-of-court dispute resolution

In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may, inter alia:
a) request the Permanent Consumer Arbitration Court operating at the Provincial Inspectorate of Trade Inspection with a request to settle the dispute arising from the concluded contract;
b) apply to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
c) use the free help of the municipal or poviat consumer ombudsman (http://www.uokik.gov.pl) or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers);
d) use the online ODR platform (http://ec.europa.eu/consumers/odr).
2. The case may be considered by the arbitration court only after the complaint procedure has been completed and if both parties to the dispute agree to it. In other cases, any disputes shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.

§ 12 Newsletter

The Seller provides the Buyer with an electronic free service – a newsletter for an indefinite period.
The newsletter service consists in sending by the Seller, to the Buyer’s e-mail address, electronic messages containing commercial information, i.e. information about offers of Goods and current promotions.
The newsletter is sent by the Seller to the Buyer who made the subscription.
The use of the newsletter service depends on ordering the newsletter service on the Store’s Website and on the Buyer’s having an active e-mail account and a device with Internet access.
The Buyer may at any time, without giving a reason and without incurring costs, withdraw from the Newsletter by sending a declaration of intent to the Seller, using any means of communication, including remote communication, enabling the Seller to read the Buyer’s declaration of intent.
The Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, by sending an appropriate declaration of will to the e-mail address provided by the Buyer when ordering the newsletter service, subject to the rights acquired by the other party before the termination of the above-mentioned the contract and the provisions of the Regulations.

§ 13 Final provisions

The administrator of Personal Data collected as part of the Online Store’s operations is the Seller. Details are described on the Store’s website in the “Privacy Policy” tab.
The Seller reserves the right to amend the Regulations. The new Regulations come into force on the day of publication on the Seller’s internet platform on the “Regulations” subpage. Agreements concluded before the amendment to the Regulations shall be governed by the version of the Regulations in force on the date of the Agreement.
In matters not covered by these Regulations, the provisions of generally applicable law shall apply, in particular: the Civil Code, the Act on consumer rights, the Act on the provision of electronic services, the Act on combating unfair competition, the Act on the protection of personal data and the General Regulation on the Protection of Personal Data ( GDPR).
The Regulations do not exclude or limit any rights of the Customer who is a consumer, which he is entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law, these provisions shall prevail.
In the event that any of the provisions of these Regulations prove to be ineffective or invalid, the validity of the entire Regulations in the remainder will remain unaffected. In this case, the Parties will replace the invalid or ineffective provisions with other provisions that will reflect the intended economic purpose as accurately as possible.
Settlement of any disputes between the Seller and the Customer who is a consumer within the meaning of art. 221 of the Civil Code, is subject to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.

Attachments:

Withdrawal form

Complaint about purchased goods