Terms and conditions of the Otwarty Warsztat online shop

determining, among other things, the rules of concluding sales agreements through the Shop, containing the most important information about the Seller, the Shop and the Consumer’s rights

The provisions concerning the Preferred Entrepreneur apply to contracts concluded as of 1 January 2021.

CONTENTS

§ 1 Definitions

§ 2 Contacting the Seller

§ 3 Technical requirements

§ 4 Shopping in the Store

§ 5 Payments

§ 6 Completing the order

§ 7 Right of withdrawal

§ 8 Exceptions to the right of withdrawal

§ 9 Complaints

§ 10 Personal data

§ 11 Objections

Annex 1: Model withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday except for public holidays.

Consumer – a consumer within the meaning of the Civil Code.

Account – a free-of-charge function of the Store (service provided electronically) regulated by separate regulations, thanks to which the Buyer may create his/her individual account in the Store.

Buyer – any entity purchasing from the Store.

Privileged Buyer – a Consumer or Privileged Entrepreneur.

Privileged Entrepreneur – a natural person concluding a contract with the Seller directly related to his/her business activity, but not of a professional nature for him/her (the definition is valid for contracts concluded from 1 January 2021 onwards).

Terms and Conditions – these terms and conditions.

Shop – the Otwarty Warsztat (Open Workshop) Internet shop operated by the Seller at https://otwartywarsztat.pl.

Vendor – KRYSTIAN STANISŁAW RACHWAŁ, an entrepreneur running a business under the name OTWARTY WARSZTAT KRYSTIAN RACHWAŁ, registered in the Central Register of Business Activity and Information kept by the minister responsible for economy and maintaining the Central Register of Business Activity, NIP 5512587838, REGON no. 365252345, ul. Floriańska 2, 34-108 Frydrychowice.

§ 2 CONTACT WITH THE SELLER

Postal address: ul. Floriańska 2, 34-108 Frydrychowice
E-mail address: tuotwartywarsztat@gmail.com
Phone: 501124463

§ 3 TECHNICAL REQUIREMENTS

In order for the Store to function properly, it requires:
- a device with access to the Internet
- a web browser supporting JavaScript and cookies.
For placing an order in the Shop, apart from the requirements specified in paragraph 1, an active e-mail account is necessary.

§ 4 SHOPPING IN THE STORE

The prices of goods shown in the Shop are the total prices for the goods.
The Seller points out that the total order price consists of the price for the goods indicated in the Shop and, if applicable, the delivery costs of the goods.
The goods selected to be purchased must be added to the shopping cart in the Store.
The Buyer then chooses from the available in the Shop: the method of delivery of the goods and the method of payment for the order, as well as provides the data necessary to complete the order placed.
An order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
Placing an order is tantamount to concluding a sales agreement between the Buyer and the Seller.
The Seller shall provide the privileged Buyer with a confirmation of the conclusion of the contract of sale on a durable medium at the latest at the time of delivery of the goods.
The Buyer may register with the Shop, i.e. set up an Account therein, or make purchases without registration by providing his/her data with each possible order.
§ 5 PAYMENTS
An order placed may be paid for, depending on the Buyer’s choice:
1. by simple bank transfer to the Seller’s bank account;
2. by payment card:
  - Visa
  - Visa Electron
  - MasterCard
  - MasterCard Electronic
  - Maestro
3. via fast payment platform:
  - PayU, Klarna and Stripe
4. cash on delivery, i.e. cash on delivery of the goods to the Buyer;
5. by card or cash at the time of personal collection of the goods.
If payment is selected via the PayU payment platform, the online payment service provider is PayU S.A..
The online payment service provider for card payments is PayU S.A. Klarna Bank AB and Stripe.
If the Buyer chooses to pay in advance, the order must be paid for within 5 Working Days of placing the order.
The Seller informs that in the case of some payment methods, due to their specificity, payment of the order by this method is only possible immediately after placing the order.
By purchasing from the Shop, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.
In the case of a return from a fast transfer and/or payment card, it will be returned to the bank account linked to the aforementioned payment method.
§ 6 ORDER FULFILMENT
The seller is obliged to deliver goods without defects.
The time limit for processing an order is indicated in the Shop.
The fulfilment of an order shall be commenced upon receipt by the Online Shop of a confirmation of correct execution of payment by the Payer.
If the Purchaser purchased goods with different lead times within one order, the order shall be fulfilled within the time limit applicable to the goods with the longest lead time.
Countries on the territory of which the delivery takes place:
- Poland
- Germany
- Slovakia
- Czech Republic
- Hungary
- United Kingdom
- Ukraine
- Lithuania
- Italy
- Ireland
- France
- Belgium
Goods purchased from the Shop are delivered depending on the delivery method chosen by the Buyer:
1. Through a courier company
2. To InPost parcel machines (on the territory of Poland)
The Buyer may collect the goods in person at the company’s premises during its opening hours.
If the Buyer chooses to collect the goods in person, the goods will be ready for collection on the indicated order completion date, and if the Seller has indicated a date for dispatching the goods – on that date.
If the customer chooses to pay by bank transfer or payment card, the order completion time is calculated from the date of crediting the Seller’s bank account or settlement account.
§ 7 RIGHT OF WITHDRAWAL

A privileged buyer has the right to withdraw from a contract concluded with the Seller through the Shop, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
The period to withdraw from the contract expires after 14 days from the day:
1. on which the Priority Buyer came into possession of the goods or on which a third party other than the carrier and indicated by the Priority Buyer came into possession of the goods;
2. on which the Priority Buyer has taken possession of the last of the goods or on which a third party, other than the carrier and indicated by the Priority Buyer, has taken possession of the last of the goods in the case of a contract involving the transfer of ownership of multiple items which are delivered separately.
In order for the privileged Buyer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or information transmitted by e-mail).
A privileged buyer may use the model withdrawal form at the end of the Terms and Conditions, but this is not obligatory.
In order to comply with the withdrawal period, it is sufficient for the Priority Buyer to send information concerning the exercise of his right of withdrawal before the expiry of the withdrawal period.
EFFECTS OF WITHDRAWAL
In the event of withdrawal from the concluded contract, the Seller shall reimburse to the privileged Buyer all payments received from him, including the costs of delivery of the goods (except for the additional costs resulting from the privileged Buyer’s choice of a delivery method other than the cheapest ordinary delivery method offered by the Seller), without delay and in any event not later than 14 days from the day on which the Seller was informed of the decision of the privileged Buyer to exercise his right of withdrawal.
The Seller shall refund the payment using the same means of payment that were used by the Priority Buyer in the original transaction, unless the Priority Buyer agrees otherwise, in any case the Priority Buyer shall not incur any fees in connection with such refund.
The Seller may withhold reimbursement until it has received the goods or until it has been provided with proof of return, whichever event occurs first.
The Seller requests that goods be returned to the following address: ul. Floriańska 2, 34-108 Frydrychowice immediately, and in any case no later than 14 days from the day on which the Buyer privileged to inform the Seller about the withdrawal from the sales contract. The deadline is met if the Priority Buyer sends back the goods before the expiry of the 14-day period.
The privileged buyer shall bear the direct costs of returning the goods.
The privileged purchaser shall only be liable for any diminution in the value of the goods resulting from the use of the goods other than what was necessary to ascertain the nature, characteristics and functioning of the goods.
If the goods, due to their nature, cannot be returned by ordinary mail, the Privileged Buyer shall also have to bear the direct costs of returning the goods. The privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Shop or when placing the order.
If a refund is required for a transaction made by a privileged Buyer with a payment card, the Seller will make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Terms and Conditions, shall not apply to a contract:
1. in which the subject of the performance is a non-refabricated thing, produced according to the specifications of the privileged Buyer or serving to satisfy his individualised needs;
2. in which the object of the performance is an item that deteriorates rapidly or has a short shelf life;
3. in which the object of the performance is an item supplied in a sealed package which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
4. where the object of the performance is the provision of goods which, by their nature, are inseparable from other goods after delivery;
5. where the subject matter of the performance is sound or visual recordings or computer software supplied in sealed packaging if the packaging has been opened after delivery;
6. for the supply of newspapers, periodicals or magazines with the exception of subscription contracts;
7. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal from the contract.

§ 9 COMPLAINTS

In the event of a defect in the goods, the Buyer has the possibility to complain about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, provided that the guarantee has been granted.
Using the warranty, the Buyer may, according to the principles and within the time limits specified in the Civil Code:
1. submit a declaration to reduce the price,
2. in the case of a material defect – make a declaration on withdrawal from the contract,
3. demand that the item be replaced with a defect-free one,
4. demand removal of the defect.
The Seller asks to submit complaints on the basis of the warranty to the postal or electronic address specified in § 2 of the Terms and Conditions.
If it turns out that in order to consider a complaint it is necessary to deliver the faulty goods to the Seller, the Buyer is obliged to deliver the goods, in the case of a privileged Buyer – at the Seller’s expense, to the address ul. Floriańska 2, 34-108 Frydrychowice.
If a guarantee has been additionally granted for the goods, information about it and its conditions is available in the product description in the Shop.
Complaints regarding the operation of the Store should be sent to the e-mail address specified in § 2 of the Terms and Conditions.
Complaints shall be considered by the Seller within 14 days.
OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES
In the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may make use of, among others:
1. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
2. with the assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
3. the free assistance of the municipal or district consumer ombudsman;
4. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 10 PERSONAL DATA

The administrator of personal data provided by the Buyer while using the Shop is the Seller. Detailed information concerning the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as recipients of the data – can be found in the Privacy Policy available in the Shop – due to the principle of transparency contained in the General Regulation of the European Parliament and of the Council (EU) on data protection – “RODO“.
The purpose of the Seller’s processing of the Buyer’s data provided by the Buyer in connection with purchases in the Shop is the fulfilment of orders. The basis for the processing of personal data in this case is:
- the contract or actions taken at the request of the Buyer aimed at its conclusion (Art. 6(1)(b) RODO),
- the Seller’s legal obligation relating to accounting (Article 6(1)(c)), and
- the legitimate interest of the Seller to process the data in order to establish, assert or defend possible claims (art. 6(1)(f) RODO).
- The provision of data by the Buyer is voluntary, but at the same time necessary for the conclusion of the contract. Failure to provide data will prevent the conclusion of a contract in the Shop.
- The Buyer’s data provided in connection with purchases in the Shop will be processed until:- whichever is applicable and which occurs at the latest.
  1. the contract concluded between the Buyer and the Seller is no longer valid;
  2. the Seller ceases to be legally obliged to process the Buyer’s data;
  3. the possibility of asserting claims by the Buyer or the Seller related to the contract concluded by the Shop ceases;
  4. the Buyer’s objection to the processing of his personal data – in case the basis of data processing was the justified interest of the Seller – is accepted.
- The Buyer has the right to request:
  1. access to his personal data,
  2. their rectification,
  3. erasure,
  4. restriction of processing,
  5. to have the data transferred to another controller
  6. as well as the right to:
  7. object at any time to the processing of the data for reasons related to the Buyer’s particular situation – to the processing of personal data concerning him/her based on Article 6(1)(f) of the RODO (i.e. on the legitimate interests pursued by the controller).
- In order to exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Terms and Conditions.
- In the event that the Buyer considers that his data is being processed unlawfully, the Buyer may lodge a complaint with the President of the Personal Data Protection Authority.

§ 11 DISCLAIMERS

The provision of unlawful content by the Buyer is prohibited.
Each order placed with the Store constitutes a separate sales contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and purpose of fulfilling the order.
Contracts concluded on the basis of the Regulations shall be concluded in the Polish language.
In the case of a potential dispute with a Buyer who is not a Priority Buyer, the court having jurisdiction shall be the court having jurisdiction over the registered office of the Seller.

Attachment No. 1 to the Terms and Conditions

Below you will find a sample withdrawal form, which the Consumer or Privileged Buyer may or may not use:

MODEL WITHDRAWAL FORM

(this form should be completed and returned only if you wish to withdraw from the contract)

OTWARTY WARSZTAT KRYSTIAN RACHWAŁ

2 Floriańska Street, 34-108 Frydrychowice

e-mail address: tuotwartywarsztat@gmail.com

– I/We(*) …………………………………………………………… hereby give notice(*) of my/our withdrawal from the contract of sale of the following items(*) / for the provision of the following service(*):

…………………………………………………………………………………………………………………………………………………………

– Date of conclusion of the contract(*⁾/of receipt(^*)

…………………………………………………………………………………………………………………………………………………………

– Name of Consumer(s)/Entrepreneur(s) privileged:

…………………………………………………………………………………………………………………………………………………………

– Address of Consumer(s)/Entrepreneur(s) privileged:

Signature of Consumer(s)/Undertaker(s)

(only if the form is sent on paper)

Date ……………………………………..

(*) Delete as appropriate.

Account regulations

in the Otwarty Warsztat shop

The provisions concerning the Preferred Entrepreneur apply to contracts concluded from 1 January 2021.

CONTENTS

§ 1 Definitions

§ 2 Contacting the Seller

§ 3 Technical requirements

§ 4 Account

§ 5 Complaints

§ 6 Personal Data

§ 7 Objections

§ 1 DEFINITIONS

Consumer – a consumer within the meaning of the Civil Code.

Account – a free-of-charge function of the Store (service) regulated in these Terms and Conditions, thanks to which the Buyer may set up his individual account in the Store.

Buyer – any entity buying from the Store.

Privileged Buyer – a Consumer or Privileged Entrepreneur.

Shop – the Otwarty Warsztat (Open Workshop) Internet shop operated by the Seller at the address https://otwartywarsztat.pl.

The Seller – KRYSTIAN STANISŁAW RACHWAŁ, an entrepreneur running a business under the name OTWARTY WARSZTAT KRYSTIAN RACHWAŁ, registered in the Central Register of Business Activity and Information kept by the minister responsible for the economy and maintaining the Central Register of Business Activity, NIP 5512587838, REGON no. 365252345, ul. Floriańska 2, 34-108 Frydrychowice.

§ 2 CONTACT WITH THE SELLER

Postal address: 2 Floriańska Street, 34-108 Frydrychowice
E-mail address: tuotwartywarsztat@gmail.com
Phone: 501124463

§ 3 TECHNICAL REQUIREMENTS

In order to properly function and set up an Account, you need:
- an active e-mail account
- a device with access to the Internet
- a web browser that supports JavaScript and cookies

§ 4 ACCOUNT

The creation of an Account is entirely voluntary and depends on the will of the Buyer.
An Account gives the Buyer additional possibilities, such as: viewing the history of orders placed by the Buyer in the Shop, checking the order status or editing the Buyer’s data on his own.
In order to set up an Account, an appropriate form must be filled in the Shop.
The moment an Account is created, an agreement is concluded for an indefinite period of time between the Buyer and the Seller on the running of the Account under the rules specified in these regulations.
The buyer may without incurring any costs at any time resign from the Account.
In order to resign from the Account, one should send his/her resignation to the Seller at the e-mail address: tuotwartywarsztat@gmail.com, which will result in the immediate deletion of the Account and the termination of the contract for the Account.

§ 5 COMPLAINTS

Complaints regarding the functioning of the Account should be sent to the e-mail address tuotwartywarsztat@gmail.com.
Complaints will be considered by the Seller within 14 days.
OUT-OF-COURT COMPLAINT AND CLAIM PROCEDURE
In the event that the complaint procedure fails to bring the result expected by the Consumer, the Consumer may use, among others:
1. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
2. with the assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
3. the free assistance of the municipal or district consumer ombudsman;
4. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 6 PERSONAL DATA

The administrator of the personal data provided by the Buyer when using the Account is the Seller. Detailed information regarding the processing of personal data by the Seller – including the other purposes and grounds for data processing, as well as the recipients of the data, can be found in the Privacy Policy available in the Shop – due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection – “RODO“.
The purpose of the processing of the Buyer’s data is to maintain the Account. The basis for the processing of personal data in this case is a contract for the provision of a service or actions taken at the request of the Buyer aimed at concluding such a contract (Article 6(1)(b) RODO), as well as the legitimate interest of the Seller, consisting in the processing of data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) RODO).
The provision of data by the Buyer is voluntary, but at the same time necessary to maintain the Account. Failure to provide data means that the Seller will not be able to provide the service of maintaining the Account.
The Buyer’s data will be processed until:- whichever is applicable in the case and which occurs at the latest.
1. the Account is deleted by the buyer or the seller at the buyer’s request
2. the possibility of asserting claims by the Buyer or the Seller related to the Account ceases;
3. the Buyer’s objection to the processing of his personal data is accepted – in case the basis of data processing was the justified interest of the Seller
4. The Buyer has the right to request:
  1. access to his/her personal data,
  2. their rectification,
  3. erasure,
  4. restriction of processing,
  5. to have the data transferred to another controller
  6. as well as the right to:
  7. to object at any time to the processing of the data for reasons related to the Buyer’s particular situation – to the processing of personal data concerning him/her based on Article 6(1)(f) of the RODO (i.e. on legitimate interests pursued by the controller).
5. In order to exercise their rights, the Buyer should contact the Seller.
6. In the event that the Buyer considers that his/her data is being processed unlawfully, the Buyer may lodge a complaint with the President of the Personal Data Protection Authority.

§ 7 DISCLAIMERS

The provision of unlawful content by the Buyer is prohibited.
The Agreement regarding the Account shall be concluded in the Polish language.
In the event of the occurrence of important reasons referred to in paragraph 4, the Seller shall be entitled to amend these terms and conditions of the Account.
Valid reasons referred to in paragraph 3 are:
1. the need to adapt the Store to the provisions of law applicable to the operations of the Store
2. improvement of security of the provided service
3. change of the functionality of the Account requiring modification of the Account regulations.
The Buyer shall be informed of a planned change to the Account Rules at least 7 days prior to the change coming into effect via an e-mail sent to the address assigned to the Account.
In the event that the Buyer does not agree with the planned change, he shall inform the Seller by sending an appropriate message to the Seller’s e-mail address tuotwartywarsztat@gmail.com, which will result in termination of the agreement regarding the provision of an Account from the moment the planned change comes into effect, or earlier if the Buyer submits such a request.
If the Buyer has not objected to the planned change by the time it comes into force, he shall be deemed to have accepted it, which shall not constitute any obstacle to the termination of the agreement in the future.
In the event of a possible dispute with a Buyer who is not a Priority Buyer, the competent court shall have jurisdiction over the Seller’s registered office.