Online store regulations

§ 1
GENERAL PROVISIONS

  1. The present Regulations apply to the online store available at the Internet address: https://www.p55mirrors.com/, which is run by: Beata Ludwin, running a business under the name: P55 Mirrors Beata Ludwin with its registered office in Toruń at ul. Zygmunta Krasińskiego 21-23/53, 87-100 Toruń, NIP: 5771943311, REGON: 340825591.

  2. The online store https://www.p55mirrors.com/ conducts retail sales via the Internet, based on the Regulations.

  3. The Regulations outline the rules for using the online store https://www.p55mirrors.com/. The content of the regulations includes: placement of orders for products presented in the p55mirrors.com online store, delivery of the ordered products to the Customer, payment by the Customer, the Customer's right to cancel the order, the Customer's right to withdraw from the sales contract, and the rules for submitting and processing complaints.

§ 2
DEFINITIONS

  1. Seller - Beata Ludwin, running a business under the name: P55 Mirrors Beata Ludwin with its registered office in Toruń at ul. Zygmunta Krasińskiego 21-23/53,, 87-100 Toruń, NIP: 5771943311, REGON: 340825591.

  2. Customer - a natural person, legal person or organizational unit without legal personality, but with the capacity to perform acts of law, who places Orders in the Online Store on the terms set out in the Regulations.

  3. Consumer - a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to the former’s business or professional activity.

  4. Individual entrepreneur - refers to a natural person concluding a contract directly related to their business activity, if the content of this contract shows that it is not of a professional nature for them, resulting in particular from the subject of their business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity.

  5. Online Store - an online store run by the Seller at the Internet address https://www.p55mirrors.com/.

  6. Distance contract - a contract concluded with the Customer as part of an organized system for concluding distance contracts within the Online Store, without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication.

  7. Regulations - these regulations of the Online Store.

  8. Order - Customer's declaration of intent submitted via the Order Form and aimed at concluding a Product or Products Sales Agreement with the Seller.

  9. Account - the customer's account in the Store, where the data provided by the Customer and information about Orders placed by him in the Store are collected.

  10. Registration form - a form that allows you to create an Account.

  11. Order form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

  12. Cart - the Store tab, in which the Products selected by the Customer for purchase are visible, as well as enabling the determination and modification of the Order data, in particular the quantity of Products.

  13. Product - a movable item available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.

  14. Price - meaning the net price of the Product placed next to the information about the Product, excluding delivery costs and VAT.

  15. Lowest Price - the lowest price of the Product, which was valid in the period of 30 days before the introduction of the Product price reduction or which was valid from the day the Product was offered for sale until the date of the reduction (when a given Product is offered for sale in a period shorter than 30 days) .

  16. Sales Agreement - a Product sales agreement concluded between the Customer and the Seller via the Store.

  17. Working day - days of the week from Monday to Friday, excluding public holidays.

§ 3
PRODUCTS

  1. The products offered by the Seller in the Online Store are handmade (except for plate bases and hangers) and designed and manufactured in the Seller's workshop at the Customer's request.

  2. The products offered by the Online Store combine the features of craft production and unique elaboration. Each time they are hand-made based on the characteristics of a given series, which means that the colors, composition and decoration of the products in reality differ from the ones presented in the photos showing the prototype. Each product in the series is slightly different from each other. The size, shape, type and color of glass, type of finish and type of decor are constant. In addition, we would like to point out that differences in colors between the received goods and the photos presented in the Store may result from the parameters of the monitor settings.

  3. Information about products in the p55mirrors.com online store, such as descriptions, prices, photos, constitute an invitation to conclude a sales contract within the meaning of Art. 71 of the Civil Code and the Regulations.

  4. All photos of products in the p55mirrors.com Online Store and website are protected in accordance with the provisions of the Act of February 4, 1994 on copyright and related rights (i.e. Journal of Laws of 2022, item 2509).

§ 4
PRINCIPLES OF PROVIDING SERVICES BY ELECTRONIC MEANS

    1. The Seller pledges to provide services to the Customer to the extent and under the conditions specified in the Regulations.

    2. The Regulations are an integral part of the Sales Agreement concluded with the Customer.

    3. Placing Orders by the Customer for Products in the Store's assortment is possible:

      1. via the Online Store after completing the Registration Form and setting up an Account in accordance with the provisions of § 5 of the Regulations;

      2. by e-mail to the address [email protected] available on the Store's website - applies and is obligatory to non-standard and non-standard orders.

    4. To use the Store, including browsing the Store's assortment and placing Orders for Products, the following are necessary:

      1. a terminal device with access to the Internet;

      2. web browser, for example: Microsoft Edge, Mozilla Firefox, Google Chrome, Opera, Safari;

      3. an active e-mail account (e-mail);

      4. enabled cookies.

Orders can be placed 24 hours a day, 7 days a week via the Online Store or by e-mail.

§ 5
ESTABLISHING AN ACCOUNT IN THE STORE

  1. To set up an Account in the Store, it is obligatory to complete the Registration Form, in which the following data must be provided: name and surname, e-mail address;

  2. Setting an Account in the Store is free of charge.

  3. Logging into the Account is done by means of typing in the login and the password provided in the Registration Form.

  4. Client may introduce changes to the data, which have previously been provided in the Registration Form, which can be achieved by directing such an order to the Seller, in particular by means of e-mail or in writing to the contact address indicated in § 17.

  5. Client has the right to remove the Account at any time, without specifying the reason and without any additional expense, which can be achieved by directing such an order to the Seller, in particular by means of e-mail or in writing to the contact address indicated in § 17.

  6. The Seller reserves the right to remove or temporarily deactivate the Account in the Store if they find that the Customer has violated the provisions of the Regulations or applicable law.

§ 6
RULES FOR PLACING ORDERS

  1. To place an Orded one must:
    1. log into the Store;
    2. select the product being the subject of Order, and subsequently click the ‘add to the cart ’button (or its equivalent);
    3. select the preferred form of shipment (the way in which the product will be delivered);
    4. provide the address to which the Product is to be delivered;
    5. input the invoice data, if it differs from the data for receiving the Order
    6. choose the form of payment;
    7. click on the ‘Order ’button (or its equivalent).
  2. Products indicated in the invitation to Sales Agreement are not subject to advance booking, as they are made to Order..
  3. In their Order, the Client indicates:
    1. Product or Products together with their characteristics and quantity;
    2. correct delivery data including name and surname or company with its accurate address;
    3. active e-mail address;
    4. active telephone number;
  4. It is the Client’s solitary responsibility to provide the correct address data.
  5. By placing an Order, the Customer submits an offer to the Seller to purchase the Product covered by the Order.
  6. Filling in the Order Form, as well as clicking the ‘Order’ button (or equivalent) in the Cart section is tantamount to an invitation to conclude a Sales Agreement between the Seller and the Customer.
  7. The Online Store sends a confirmation of the invitation to conclude a sales contract to the e-mail address provided in the Order Form. This is not a confirmation of accepting the order for execution or concluding a Sales Agreement.

§ 7
PRICE

  1. The prices at the Store are given in Polish zloty (PLN) in net amount, because the Seller is subjectively exempt from VAT.
  2. The final (definitive) amount to be paid by the Customer consists of the Price for the Product, the cost of payment and the cost of delivery.
  3. The final – binding - price for the Product is the price for the Product visible in the summary, in the Cart section. The value of the purchase offer submitted by the ordering party is visible in the summary, in the Cart section.
  4. The final – binding - price, as well as the value of the purchase offer are the prices including the shipment cost within Poland.
  5. The final – binding - price, as well as the value of the purchase offer do not include shipment outside Poland.
  6. The online Store reserves the right to change product prices on the store's website, carry out promotional campaigns and sales without prior information on the store's website. Purchase offers submitted before the publication of changes as above, as well as orders in progress will be implemented on the terms before the changes were published.
  7. Sale of goods is a tool of marketing activities undertaken by the Seller. Sale consists in selling products at lower prices than previously applicable. The Seller informs about the Lowest Price of the Product, which was valid within 30 days before the introduction of the Product price reduction or which was valid from the day the Product was offered for sale until the date of introducing the reduction (when a given Product is offered for sale in a period shorter than 30 days).
  8. The Customer will be kept informed about the details of each promotion through the appropriate sales channel, through the newsletter (if subscribed to it) and/or through information on the website www.p55mirrors.com.pl and/or in social media.
  9. The Prices in the online Store are given in Polish zloty as well as Euro.

§ 8
CONCLUSION OF THE SALES AGREEMENT

  1. The content of the Store does not constitute an offer within the meaning of the Act of April 23, 1964. Civil Code (i.e. Journal of Laws of 2020, item 1740, as amended). Placing an Order by the Customer does not mean concluding a Sales Agreement with the Seller.
  2. The conclusion of the Sales Agreement by the online Store takes place after:
    1. issuing and sending by the Store, to the e-mail address from the Order Form, a document of acceptance for implementation, which will take place within 3 Working Days from the date of placing the Order.
    2. e-mail confirmation of the document by the Customer and simultaneous payment of the order to the indicated bank account within 3 Working Days from the date when the document of acceptance of the Order for execution is received. The account number data: P55Mirrors Beata Ludwin, ul. Krasińskiego 21-23/53, 87-100 Toruń account number (mBANK): 48 1140 2004 0000 3202 8029 8070.
  3. Only the confirmed and paid Orders will be realized.
  4. The online Store may not accept the purchase offer placed by the Client, and is entitled to do so without stating the reason. Nevertheless, the reason for not accepting the purchase offer may be, among others: unavailability of materials, restrictions related to shipping, the Customer’s inability to send the payment, the Customer’s failure to meet the criteria set out in the Regulations of the online Store.
  5. The Online Store is not liable to the Customer or third parties for not accepting the purchase offer.
  6. The failure to send the document of acceptance for execution to the Customer within 5 Working Days from the date of placing the Order means that the purchase offer has not been accepted by the Online Store.
  7. The Online Store reserves the right to accept only some of the products indicated in the invitation to conclude a sales contract or in the purchase offer. In such a situation, the ordering party will receive confirmation of acceptance of part of the order for execution.
  8. On the basis of the Sales Agreement, the online Store is obliged to transfer ownership of the products to the Customer and to deliver them to the Customer in accordance with the Regulations, and the Customer is obliged to pay the value of the Order and to collect it.
  9. It is possible to cancel the order by the Customer. A prerequisite is for the Customer to send a notification in this regard to the e-mail address: [email protected] no later than 5 days after issuing and sending by the online Store a document of acceptance for implementation in accordance with paragraph 2 letter a) above.

§ 9
EXECUTION AND IMPLEMENTATION OF ORDER

  1. Execution and implementation of the Order is understood as manufacturing, completing the Product, securing it and issuing the shipment.
  2. Confirmed Orders will be produced and implemented immediately after receiving confirmation of payment - posting on the bank account of the online Store.
  3. Untypical and non-standard products are made and implemented in a personalized mode in the course of individual, written - e-mail correspondence – arrangements.
  4. The Customer may use the following methods of delivery or collection of the ordered Product:
    1. Delivery of the Product via the Polish Post or by courier;
    2. Personal collection after prior arrangement
  5. Ordered Products are sent by the online Store in Poland via Poczta Polska or courier companies, on the terms and in accordance with the regulations of the organization providing the service.
  6. Ordered Products are sent by the online Store outside of Poland via Poczta Polska or courier companies, on the terms and in accordance with the regulations of the organization providing the service. Shipment of goods outside of Poland takes place on the basis of written - e-mail correspondence - separate conditions specifying costs and deadlines.
  7. The online Store pledges to send to the e-mail address information regarding the shipment - confirmation of shipment or the number of the bill of lading.
  8. The online Store pledges to properly protect the Product for shipment, including making a box in which the Product will be packed, securing the Product in the box by using materials protecting the Product, in particular its edges and front.
  9. The online Store reserves the right to deliver the Product with its own transport on terms agreed in writing - e-mail correspondence - separate conditions specifying costs and deadlines.
  10. When accepting a shipment from Poczta Polska or a courier company, the Customer is obliged to carefully check the packaging and its contents, as only a written damage report is the basis for recognizing a complaint or transport damage. In particular, pay attention to the condition of the tapes affixed to the box. If the packaging of the shipment shows signs of damage or if the tapes are broken, the shipment should not be accepted and the Seller should be contacted as soon as possible in order to clarify the matter.

§ 10
WARRANTY

  1. Products sold through the Online Store are covered by a two-year warranty. For a period of two years from the date of purchase, one can submit complaints regarding defects of the purchased goods.
  2. The warranty does not cover any mechanical damage caused by the Customer and resulting from improper use, contrary to the intended.
  3. The online Store is not responsible for and does not extend warranty to the mounting of the Product, i.e. embedding the hanger in the wall and hanging the Product.
  4. Liability within the warranty covers exclusively defects caused by reasons inherent in the subject of sale.
  5. The warranty does not cover
    1. mechanical damage caused by the Client,
    2. damage and defects resulting from the use and storage of the Product contrary to its intended,
    3. repairs undertaken by the Customer on their own.
  6. The warranty does not exclude, limit or suspend the Customer's rights under applicable law.

§ 11
COMPLAINTS

  1. In the event of a defect in the goods purchased from the Seller, the Customer has the right to file a complaint.
  2. The basis for accepting a complaint is the presentation of proof of purchase of the goods.
  3. Complaints are to be filed:
    1. in writing to the following address: P55 Mirrors Beata Ludwin, 87-100 Toruń, ul. Krasińskiego 21-23/53;
    2. by e-mail to: [email protected].
  4. It is recommended that the complaint include, among others: a concise description of the defect, circumstances (including the date) of its occurrence, details of the Customer submitting the complaint as well as the Customer's request in connection with the defect of the goods.
  5. Additionally, in the case of a transport complaint, the necessary basis for recognizing the complaint is a damage report written in the presence of the person delivering the shipment. The protocol should be written down at the time of delivery of the package and e-mailed as soon as possible to: [email protected]
  6. In the case of transport damage, the damage reported the next day after delivery is not subject to complaint.
  7. The Online Store declares that consideration of the complaint will not take longer than 14 working days, and should the complaint procedure be extended, the online Store pledges to inform in writing or by e-mail about another - longer - period at least one day before the expiry of the 14-day period of complaint consideration.
  8. If the complaint is accepted, the defective Product should be safely packed. The online Store makes a commitment to order a courier who will collect the package with the defective Product or to collect the defective Product in person.
  9. If the complaint is accepted, the online Store offers the following solutions in accordance with the wishes and arrangements with the Customer
    1. replacement of the Product with a new one, compliant with the Order - as originally purchased;
    2. repairing the Product
    3. reimbursement for the purchased Product.

§ 12
PRODUCT EXCHANGE

  1. The exchange is considered by the Seller and the decision is made whether the exchange will be possible.
  2. The individual nature of the Products offered by the online Store and their custom-make results in the fact that not every Product can be exchanged, especially those made for individual orders.
  3. Each case when the Customer wants to exchange the Product for another will be treated individually and is only the good will of the Seller, who will make an individual decision in this regard.
  4. The Customer's willingness to exchange the Product should be reported by e-mail to [email protected], no later than seven days after receiving the package, indicating in the message which other available mirror is to be replaced. It is necessary to attach the proof of purchase to the email in the form of attachment.
  5. In the event of receiving confirmation from the online Store that the exchange is possible as a result of the Seller's decision, the costs of shipping the replaced Products shall be borne by the Customer.
  6. The agreed replacement is possible only if the Product does not bear any traces of use - e.g. assembly attempts, has the original packaging and accessories and is sent back together with the proof of purchase.

§ 13
RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  1. According to the Act of 30 May 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287, as amended), the Consumer and the Individual Entrepreneur may withdraw from the Sales Agreement within 14 days without giving any reasons.
  2. According to Art. 38 sec. 1 point 3) of the Act of 30 May 2014 on consumer rights, a non-prefabricated Product, manufactured according to the Customer's specifications or serving to meet his individual needs (e.g. materials used, size, colors, etc.) is not subject to return.
  3. In order to exercise the right referred to in point 1, the Consumer or Individual Entrepreneur is obliged to provide a statement of withdrawal from the concluded sales contract. A model statement is attached to the present Regulations.
  4. A statement of withdrawal may be sent by traditional mail or electronically by sending a statement to the Seller's e-mail address in accordance with § 17.
  5. In the event of withdrawal from the contract by the Consumer or Individual Entrepreneur in the described mode, they are obliged to return the purchased product at their own expense in a non-deteriorated condition, clearly allowing to state that the product has not been used. The return must be made within 14 days from the date of withdrawal from the contract, to the following address: ul. Krasińskiego 21-23/53, 87-100 Toruń. The online Store will not accept COD shipments.
  6. When the withdrawal from the contract is effective - the online Store will return the price paid for the Product to the Consumer.
  7. Within 3 business days of receiving the shipment, the Online Store will check the condition of the delivered product.
  8. Within 7 working days of checking the goods, the online Store returns the entire amount paid to the Customer. The customer should indicate the bank account number to which the refunded amount is to be transferred.
  9. According to Art. 38 of the Act of 30 May 2014 on consumer rights, the Customer is not entitled to the right of withdrawal, among others, in the following cases:
    1. the provision of services started, with the Customer's consent, before the deadline for withdrawing from the contract (applies to cases of providing services, not the sale of goods), e.g. mirror assembly;
    2. services with properties specified by the Customer in the order placed by them or closely related to them, i.e., for example, Products in non-standard dimensions, made to the Customer's individual order;
    3. services which, due to their nature, cannot be returned or whose subject matter is susceptible to rapid deterioration.

§ 14
INTELLECTUAL PROPERTY

  1. Product designs, all names, patterns and photos presented in the online Store are subject to copyright, are the property of the online Store and the Seller, who is the only entity holding the rights to the P55 MIRRORS brand and are protected and reserved under the provisions of the Industrial Property Law or other regulations. It is forbidden to use any materials published on the Store's Website (including photos and descriptions) without the consent of the Online Store or the Seller.
  2. All copyrights and all trademarks related to the Website belong to the Seller. It is forbidden to use these intellectual property rights or the Website for purposes other than those strictly defined in the present Regulations.
  3. The customer bears full financial responsibility for the damages caused to the Seller, as a result of using any materials published on the Store's Website (including photos and descriptions), the Seller's company name or trademarks, without their consent or contrary to the Regulations

§ 15
OONLINE STORE REVIEWS

  1. The customer of the p55mirrors.com Online Store has the option of voluntarily and free of charge to issue an opinion on the purchases made in the Online Store.
  2. After making purchases in the online Store, the Seller sends an e-mail to the Customer with a request to issue an opinion and a link to the online form enabling it, and thus ensures that the opinions come from Customers who have used or purchased a given Product
  3. An opinion may be issued only by a Customer who has made purchases in the Online Store or purchased a Product via e-mail contact in the case of unusual and non-standard orders that are not covered by the Store's offer.
  4. The opinions issued by the Customer may be published by the Seller in the Online Store and the TrustMate.io business card.
  5. Issuing an opinion may not be used by the Customer for activities constituting an act of unfair competition against the Seller, actions infringing personal rights, intellectual property rights or other rights of the Seller or third parties.
  6. An opinion may be issued only for products actually purchased in the Online Store. It is forbidden to conclude fictitious sales contracts for the purpose of issuing opinions. An opinion issued may be removed by its author at any time

§ 16
PERSONAL DATA

  1. The administrator of Customers' personal data collected via the Online Store is the Seller.
  2. Personal data provided by Customers in places intended for this purpose, are processed by the Seller in accordance with applicable law and with the Store's Privacy Policy.
  3. Customers' personal data collected by the administrator via the online Store are collected in order to implement the Sales Agreement, and if the Customer agrees - also for marketing purposes.
  4. The recipients of the personal data of the online Store Customers may be:
    1. In the case of a Customer who uses the online Store with the method of delivery by courier, the Seller provides the Customer's collected personal data to the selected courier or intermediary (distributor) performing the shipment at the request of the Seller.
  5. The customer has the right to access their data and correct them.
  6. Although providing personal data is voluntary, failure to do so - indicated in the Regulations as necessary to conclude the Sales Agreement - results in the inability to conclude the Agreement.

§ 17
CONTACT DATA

  1. Correspondence address and registered office: P55 Mirrors Beata Ludwin, 87-100 Toruń, ul. Krasińskiego 21-23/53;
  2. E-mail address: [email protected]
  3. Telephone number: +48 792604403
  4. Bank account number: mBANK: 48 1140 2004 0000 3202 8029 8070

§ 18
SELLER RESPONSIBILITY

  1. The Seller does not take responsibility for the damage resulting from:
    1. mounting of the Product by the Customer or third parties;
    2. Customer's failure to comply with the technical requirements necessary to use the online Store;
    3. inability to access the online Store for reasons beyond the Seller's control;
    4. events outside the Seller’s control (Force Majeure);
    5. technical failure, reasons attributable to third parties, Internet providers, failure of the Customer's hardware or software;
    6. improper use of the online Store by the Customer;
    7. a short technical break in the functioning of the Store in the event of planned, current maintenance or updating its software.
  2. The Customer bears full responsibility for any consequences resulting from placing the Order improperly or inconsistently with the Regulations as wll as incorrect data indicated in the Registration Form or the Order.

§ 19
EXTRAJUDICIAL METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS

  1. The consumer is entitled to extrajudicial means of dealing with complaints and pursuing claims. In order to take advantage of the possibility of amicable resolution of disputes regarding online purchases, the Consumer may submit his complaint, e.g. via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
  2. Detailed information on the possibility for the Consumer to use extrajudicial methods of dealing with complaints and pursuing claims as well as the rules of access to these procedures are available at the offices and on the websites of municipal (poviat?) consumer advocates, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection as well as at the following Internet addresses of the Office of Competition and Consumer Protection:
    • http://www.uokik.gov.pl/spory_konsumenckie.php
    • http://www.uokik.gov.pl/sprawy_indywidualne.php
    • http://www.uokik.gov.pl/wazne_adresy.php
  3. The consumer has the following exemplary possibilities of using extrajudicial methods of dealing with complaints and pursuing claims:
    1. The consumer is entitled to apply to the permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
    2. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
    3. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also by using the free assistance of the municipal consumer advocate or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

§ 20
FINAL PROVISIONS

  1. The Regulations comes into force from the year ………………. .
  2. The Seller reserves the right to change the Regulations in the following cases:
    1. changes in the law affecting the content of the Regulations;
    2. the imposition of certain obligations by state authorities;
    3. improving the operation of the Store and customer service;
    4. changes in the privacy policy;
    5. technological and functional changes;
    6. changes within the provided services, including the introduction of new ones;
    7. editorial changes.
  3. This change becomes effective within the period indicated by the Seller, not shorter than 14 days from the moment of notifying the Customers of the changes and making the amended Regulations available to them, in particular by publishing it on the website https://www.p55mirrors.com/ and sending it to the e-mail address assigned to the Account of a given Customer.
  4. The customer may, within 14 days from the date of receiving the notification, refuse to accept changes to the regulations by informing the Seller about it in electronic form by sending a relevant statement to the Seller, via e-mail or in writing to the addresses provided in § 17.
  5. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply.