TERMS AND CONDITIONS OF THE ONLINE STORE
BLANKET STORY
CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS AND CONDITIONS OF CONCLUDING A SALES CONTRACT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. THE COST, METHODS AND TIMING OF DELIVERY AND COLLECTION OF THE PRODUCT
6. PRODUCT COMPLAINT
7. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. PRODUCT REVIEWS
11. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS
12. FINAL PROVISIONS
13. SAMPLE WITHDRAWAL FORM
1. GENERAL PROVISIONS
1.1 The Internet Shop available at the Internet address www.blanketstory.com is run by Arco Factory Sp z o.o. with its registered office in Piastów (address of the registered office: 21A Bohaterów Wolności Street, 05-820 Piastów); entered in the Register of Entrepreneurs of the National Court Register under the KRS number 00000578955; register court where the company's documentation is kept: District Court for the Capital City of Warsaw in Warsaw, XIV Economic Department of the National Court Register; NIP: 5223039993; REGON: 362667100; e-mail address: info@blanketstory.com, contact phone number: +48602528674
1.2 These Regulations are addressed both to consumers and businesses using the Online Store, unless a particular provision of the Regulations provides otherwise.
1.3 The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy contains, first of all, the principles concerning the Administrator's processing of personal data in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4 Definitions:
1.4.1. BUSINESS DAY - one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Store that allows creating an Account.
1.4.3. ORDER FORM - Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to an electronic shopping cart and determining the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 no. 16, item 93 as amended).
1.4.6. ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about Orders placed by him/her in the Online Shop are collected.
1.4.7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the cyclical content of successive editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.4.8. PRODUCT - a movable item available at the Online Store, which is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS - these regulations of the Online Store.
1.4.10. INTERNET SHOP - the Service Provider's online store available at the following Internet address: www.blanketstory.com.
1.4.11. SELLER, SERVICE PROVIDER - Arco Factory Sp z o.o. with its registered office in Piastów (registered office address: 21A Bohaterów Wolności Street, 05-820 Piastów); entered in the Register of Entrepreneurs of the National Court Register under KRS number 00000578955; the register court where the company's documentation is kept: District Court for the Capital City of Warsaw in Warsaw, XIV Economic Department of the National Court Register; NIP: 5223039993; REGON: 362667100; e-mail address: info@blanketstory.com, contact phone number: +48602528674
1.4.12. CONTRACT OF SALE - a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.
1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Store.
1.4.14. SERVICE PROVIDER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by the law - using or intending to use the Electronic Service.
1.4.15. CONSUMER RIGHTS ACT - Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
1.4.16. ORDER - the Customer's statement of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
1.4.17. DIGITAL SERVICES ACT, ACT - Regulation of the European Parliament and of the Council (EU) 2022/2065 of October 19, 2022 on the Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1-102).
1.4.18. ILLEGAL CONTENT - information that, in itself or by reference to an action, including the sale of Products or the provision of Electronic Services, does not comply with the law of the European Union or with the law of any Member State that complies with the law of the European Union, regardless of the specific subject matter or nature of such law.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1 The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.
2.1.1. Account - the use of the Account is possible after the Service Recipient performs a total of two consecutive steps - (1) completing the Registration Form, (2) clicking the "Save" field. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: name and surname, e-mail address and password.
2.1.1.1 The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: info@blanketstory.com or in writing to the address: 21A Bohaterów Wolności Street, 05-820 Piastów.
2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the " Confirm Purchase" box on the Online Store page after completing the Order Form. - up to this point, there is a possibility to modify the entered data on your own (for this purpose, you should be guided by the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house number/apartment, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number.
2.1.2.1 The Electronic Order Form Service is provided free of charge and has a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.
2.1.3 Newsletter - using the Newsletter is possible after providing in the "Newsletter" tab visible on the site of the Online Store the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the "Subscribe" field. It is also possible to subscribe to the Newsletter by checking the appropriate checkbox when creating an Account - as soon as the Account is created, the Customer is subscribed to the Newsletter.
2.1.3.1 The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to: info@blanketstory.com or in writing to the address: 21A Bohaterów Wolności Street, 05-820 Piastów.
2.2 Technical requirements necessary for cooperation with the tele-information system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enable cookies and Javascript in your web browser.
2.3 The Customer is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.
2.4 The mode of complaint procedure regarding Electronic Services is indicated in Section. 6 of the Regulations.
3. TERMS AND CONDITIONS OF CONCLUDING A SALES CONTRACT
3.1 The conclusion of a Sales Contract between the Customer and the Seller shall take place after the Customer places an Order using the Order Form on the Online Store in accordance with item. 2.1.2 of the Terms and Conditions.
3.2 The Product price shown on the Online Store website is given in Polish Zloty and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as the costs of delivery (including transport, delivery and postal services fees) and other costs, and when the amount of these fees cannot be determined - the obligation to pay them, the Client is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.
3.3 Procedure for concluding a Sales Agreement on the Online Store using the Order Form
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order on the Online Store in accordance with item 2.1.2 of the Terms and Conditions. 2.1.2 of the Terms and Conditions.
3.3.2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order, which shall contain at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4 Recording, securing and making available to the Customer the content of the concluded Sales Agreement shall take place by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in item 3.3.2 of the Terms and Conditions. 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:
4.1.1 Payment by payment card upon personal collection.
4.1.2 Payment by bank transfer to the Seller's bank account.
4.1.3. electronic and credit card payments via PayU, Przelewy24 or PayPal - possible current payment methods are specified on https://poland.payu.com/, https://www.przelewy24.pl and https://www.paypal.com/pl/home.
4.1.3.1 Settlement of electronic payment and payment card transactions is carried out according to the Customer's choice through PayU and Przelewy24.pl service. Processing of electronic payments and payment cards is carried out by:
4.1.3.1.1. PayU.pl - a company PayU S.A. seated in Poznań (registered office address: 182 Grunwaldzka Street, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under the number 0000274399, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań; share capital of PLN 4,944,000.00 fully paid up; NIP: 7792308495.
4.1.3.1.2. Przelewy24.pl - the company PayPro S.A. with its registered office in Poznań (registered office address: ul. Kanclerska 15, 60-327 Poznań), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the number KRS 0000347935, share capital: PLN 5,476,300.00 fully paid up, NIP 7792369887, REGON 301345068.
4.1.3.1.3. PayPal.com - the company PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.
4.2 Payment Term:
4.2.1 If the Customer selects payment by bank transfer, electronic payment or payment by credit card, the Customer shall be obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2 If the Customer chooses payment by payment card upon personal collection, the Customer shall be obliged to make payment upon collection of the consignment.
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1 Delivery of the Product is available in the territory of the Republic of Poland.
5.2. The delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the Online Store website during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.3 Personal collection of the Product by the Customer is free of charge.
5.4 The Seller shall make available to the Customer the following methods of delivery or collection of the Product:
5.4.1 Courier delivery.
5.4.2. Parcel delivery with pick-up at a parcel machine.
5.4.3. personal collection available at the address: 21A Bohaterów Wolności Street, 05-820 Piastów - by prior arrangement with the Seller for personal collection.
5.5 The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter deadline is specified in the description of the Product or during the Order placement process. In the case of Products with different delivery terms, the delivery term is the longest term specified, which, however, cannot exceed 7 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
5.5.1. if the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.6 Deadline for readiness of the Product for collection by the Customer - if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 3 Business Days, unless a shorter deadline is specified in the description of the Product in question or in the course of placing the Order. In the case of Products with different dates of readiness for pick-up, the date of readiness for pick-up shall be the longest date specified, which, however, shall not exceed 3 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the term of readiness of the Product for collection by the Customer is calculated as follows:
5.6.1. if the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.6.2. If the Customer chooses the method of payment by payment card upon personal collection - from the date of conclusion of the Sales Agreement.
6. PROCEDURE FOR HANDLING COMPLAINTS
6.1 This Section 6 of the Terms and Conditions defines the procedure for processing complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2 The basis and scope of liability are defined by generally applicable laws, in particular the Civil Code, the Law on Consumer Rights and the Law on Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204 as amended).
6.2.1 The detailed provisions concerning the complaint of a Product - a movable item - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller until December 31, 2022, are defined by the provisions of the Civil Code in the wording in force until December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions determine, in particular, the basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to provide the Customer with a Product without defects. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product purchased in accordance with the preceding sentence against the Customer who is not a consumer is excluded.
6.2.2 Detailed provisions concerning the complaint of a Product - a movable item (including a movable item with digital elements), excluding, however, a movable item that serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of January 1, 2023 are set forth in the provisions of the Consumer Rights Act in the wording in force as of January 1, 2023, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability to the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.2.3 Detailed provisions regarding complaints about a Product - digital content or service or a movable thing that serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of January 1, 2023 or before that date, if the delivery of such a Product was to take place or took place after that date, are defined by the provisions of the Consumer Rights Act in the wording in force as of January 1, 2023, in particular Articles 43h - 43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability to the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.3 A complaint may be filed, for example:
6.3.1. in writing to the address: 21A Bohaterów Wolności Street, 05-820 Piastów;
6.3.2. in electronic form via e-mail to: info@blanketstory.com.
6.4. sending or returning the Product within the scope of a complaint may be made to the address: 21A Bohaterów Wolności Street, 05-820 Piastów.
6.5 It is recommended to provide in the description of the complaint: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of irregularities or lack of conformity with the contract; (2) the demand for a method of bringing it into conformity with the contract or a statement of price reduction or withdrawal from the contract or any other claim; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.6 If the contact information provided by the complainant changes during the processing of the complaint, the complainant is obliged to notify the Seller.
6.7 The complainant may attach to the complaint evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and accelerate the processing of the complaint by the Seller.
6.8 The Seller shall respond to the complaint immediately, but no later than within 14 calendar days of receipt.
7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND THE RULES OF ACCESS TO THESE PROCEDURES
7.1 Detailed information on the possibility for a Customer who is a consumer to use out-of-court ways of handling complaints and pursuing claims, and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2 There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters relating to out-of-court resolution of consumer disputes.
7.3 The consumer has the following examples of out-of-court methods of dealing with complaints and claims: (1) an application for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the Seller's place of business); and (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline open on Business Days, 8:00-18:00, call charge according to the operator's tariff).
7.4 At http://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales contract or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection's website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL
8.1 A consumer who has entered into a remote contract may, within 14 calendar days, withdraw from the contract without giving any reason and without incurring costs, except for the costs specified in sec. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal from the contract may be made, for example:
8.1.1. in writing to the address: 21A Bohaterów Wolności Street, 05-820 Piastów;
8.1.2. in electronic form via e-mail to: info@blanketstory.com.
8.2. return of the Product - movables (including movables with digital elements) within the framework of withdrawal from the contract may be made to the address: 21A Bohaterów Wolności Street, 05-820 Piastów.
8.3 A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in sec. 13 of the Regulations. The consumer may use the sample form, but it is not mandatory.
8.4 The period for withdrawal from the contract shall begin:
8.4.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership - from the taking of possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract which: (1) involves multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from taking possession of the first Product;
8.4.2. for other contracts - from the date of conclusion of the contract.
8.5 In the case of withdrawal from a contract concluded at a distance, the contract shall be considered not concluded.
8.6. products - movable things, including movable things with digital elements:
8.6.1 The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product - movable item, including movable item with digital elements (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer itself, it may withhold the refund of the payment received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
8.6.2 In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration.
8.6.3 The Consumer shall be liable for any diminution in the value of the Product - a movable item (including a movable item with digital elements) - resulting from its use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.7 Products - digital content or digital services:
8.7.1 In the case of withdrawal from the contract for the provision of a Product - digital content or digital service - the Seller, from the date of receipt of the consumer's statement of withdrawal from the contract, may not use content other than personal data provided or created by the consumer during the use of the Product - digital content or digital service - provided by the Seller, except for content that: (1) are useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate exclusively to the consumer's activity during the use of the digital content or digital service provided by the Seller; (3) have been combined by the trader with other data and cannot be separated from them or can be separated only with disproportionate effort; (4) have been produced by the consumer jointly with other consumers who can still use them. Except for the cases referred to in (1)-(3,) above, the Seller shall, at the request of the consumer, make available to the consumer content other than personal data that was provided or created by the consumer in the course of using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user account, which shall not affect the consumer's rights referred to in the preceding sentence. The consumer shall have the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.
8.7.2 In the event of withdrawal from the contract for the provision of a Product - digital content or digital service, the consumer shall be obliged to stop using such digital content or digital service and making it available to third parties.
8.8 Possible costs associated with the withdrawal of the consumer from the contract, which the consumer is obliged to bear:
8.8.1 In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.
8.8.2 The consumer shall bear the direct costs of returning the Product. In the case of Products that cannot be sent back by mail in the usual way (e.g. bulky shipments), the consumer may incur higher costs for their return, according to the following sample price list of one of the carriers: https://inpost.pl/cenniki
8.8.3 In the case of a Product - service, the performance of which - at the express request of the consumer - began before the expiration of the deadline for withdrawal, the consumer who exercises the right of withdrawal after making such a request, is obliged to pay for the services performed until the withdrawal. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performance provided.
8.9 The right of withdrawal from a contract concluded at a distance shall not be granted to the consumer with respect to contracts:
8.9.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who was informed before the start of the service that after the performance by the Seller he will lose the right to withdraw from the contract, and has accepted it; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a Product - a movable thing (including a movable thing with digital elements) - non-refabricated, manufactured to the consumer's specifications or serving to meet his individualized needs; (4) in which the subject of performance is a Product - a movable thing (including a movable thing with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the performance is a Product - a movable thing (including a movable thing with digital elements) - delivered in sealed packaging which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of performance are Products - movables (including movables with digital elements) - which after delivery, due to their nature, are inseparably combined with other movables, including movables with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides in addition other services than those requested by the consumer, or provides Products - movable items (including movable items with digital elements) -,other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has begun performance with the express and prior consent of the consumer, who has been informed before the start of the performance that after the performance by the Seller he will lose the right of withdrawal from the contract, and has accepted it, and the Seller has provided the consumer with the confirmation referred to in Art. 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.10. The provisions contained in this Section 8. of the Terms and Conditions regarding the consumer shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or the Customer who is a natural person concluding a contract directly related to his/her business activity, when it follows from the content of the contract that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9. PROVISIONS ON ENTREPRENEURS
9.1 This Section 9 of the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on a Customer or Customer who is not a consumer, and from January 1, 2021 and for contracts concluded from that date, who is not also a natural person entering into a contract directly related to his/her business activity, when it follows from the content of that contract that it does not have a professional character for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9.2 The Seller shall have the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3 The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part and regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
9.4. the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Customer a relevant statement.
9.5 The Service Provider/Seller's liability to the Customer/Client, regardless of its legal basis, shall be limited - both under a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the absence of a Sales Agreement or unrelated to a Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in transportation of the shipment.
9.6 Any disputes arising between the Seller/Service Provider and the Customer/Customer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
9.7 The Seller's liability under warranty for the Product or for the Product's non-compliance with the Sales Agreement is excluded.
9.8 The Seller shall respond to the complaint within 30 calendar days from the date of its receipt.
10. PRODUCT OPINIONS
10.1 The Seller shall allow its Customers to issue and access opinions about the Products and the Online Store under the terms and conditions indicated in this section of the Terms and Conditions.
10.2 Issuing an opinion by the Customer is possible after using a form that allows adding an opinion about the Product or the Online Store. This form can be made available directly on the website of the Online Store (including by means of an external widget) or can be made available by means of an individual link received by the Customer after the purchase to the e-mail address provided by the Customer. When adding an opinion, the Customer may also add a graphic rating or a picture of the Product - if such an option is available in the opinion form.
10.3 An opinion about a Product can be issued only to the actually purchased Products in the Seller's Online Store and by the Customer who purchased the Product under review. It is forbidden to conclude fictitious or sham Sales Agreements in order to issue an opinion about the Product. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store.
10.4 Adding opinions by Customers may not be used for illegal activities, in particular, for activities constituting an act of unfair competition, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties. The Client, when adding an opinion, is obliged to act in accordance with the law, these Regulations and good morals.
10.5 Opinions may be made available directly on the website of the Online Store (e.g. next to a given Product) or in an external service collecting opinions, with which the Seller cooperates and to which it is linked on the website of the Online Store (including by means of an external widget placed on the website of the Online Store).
10.6 The Seller shall ensure that the published opinions about the Products come from its Customers who have purchased the Product. To this end, the Seller shall take the following steps to verify that the opinions come from its Customers:
10.6.1. publication of an opinion issued using a form available directly on the website of the Online Store requires prior verification by the Service Provider. Verification consists in checking the compliance of the opinion with the Terms and Conditions, in particular checking whether the person giving an opinion is a Customer of the Online Store - in this case, the Provider checks whether the person has made a purchase in the Online Store, and in the case of an opinion on a Product, it additionally checks whether the person has purchased the Product under review. Verification takes place without undue delay.
10.6.2 The Seller sends its Customers (including by means of an external opinion-gathering service with which it cooperates) an individual link to the e-mail address provided by the Customer at the time of purchase - in this way, access to the feedback form is granted only to the Customer who purchased the Product from the Online Store.
10.6.3 In case of doubts of the Seller or objections directed to the Seller by other Customers or third parties, whether a given opinion comes from a Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is in fact a Customer of the Online Store or has purchased the reviewed Product.
10.7 Any comments, appeals against the verification of opinions, or objections as to whether a given opinion comes from the Customer or whether a given Customer bought a given Product may be submitted in a manner analogous to the complaint procedure indicated in Section 6 of the Terms and Conditions.
10.8 The Seller does not post or have another person post false opinions or recommendations of the Customers and does not distort the opinions or recommendations of the Customers in order to promote their Products. Seller provides both positive and negative opinions. The Seller does not provide sponsored opinions.
11. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE TERMS AND CONDITIONS
11.1 This section of the Terms and Conditions contains provisions under the Digital Services Act as it relates to the Online Store and the Service Provider. The Service Recipient, as a rule, is not obliged to provide content when using the Online Store, unless the Regulations require certain data (e.g., data for placing an Order). The Client may be able to add opinions or comments in the Online Store using tools provided by the Service Provider for this purpose. In any case of providing content by the Service Recipient is obliged to comply with the rules contained in the Regulations.
11.2 CONTACT POINT - The Service Provider designates the email address info@blanketstory.com as a single point of contact. The Point of Contact shall enable direct communication of the Service Provider with the authorities of the Member States, the European Commission and the Digital Services Council, and at the same time shall enable the recipients of the service (including the Service Recipients) to communicate directly, quickly and in a friendly manner with the Service Provider electronically, for the purpose of applying the Digital Services Act. The Service Provider shall indicate the Polish language and the English language for communication with its point of contact.
11.3 Procedure for reporting Illegal Content and acting in accordance with Article 16 of the Digital Services Act:
11.3.1 At the email address info@blanketstory.com, any person or any entity may report to the Service Provider the presence of certain information that the person or entity considers to be Illegal Content.
11.3.2 The notification shall be sufficiently precise and adequately justified. To this end, Service Provider shall allow and facilitate submissions to the email address provided above that contain all of the following: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except for a report concerning information deemed to be related to one of the offences referred to in Art. 3-7 of Directive 2011/93/EU; and (4) a statement confirming the reporting person's or entity's good faith belief that the information and allegations contained therein are correct and complete.
11.3.3 The notification referred to above shall be deemed to give rise to actual knowledge or knowledge for purposes of Article 6 of the Digital Services Act with respect to the information to which it relates if it enables the Service Provider acting with due diligence to determine, without detailed legal analysis, the illegal nature of the activity or information in question.
11.3.4 If the notification contains electronic contact details of the person or entity that made the notification, the Service Provider shall without undue delay send such person or entity an acknowledgement of receipt of the notification. The Service Provider shall also, without undue delay, notify such person or such entity of its decision with respect to the information to which the notification relates, providing information on how to appeal the decision.
11.3.5 The Service Provider shall consider all notifications it receives under the mechanism referred to above and shall make decisions with respect to the information to which the notifications relate in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purpose of such processing or decision-making, it shall include information on this in the notification referred to in the preceding paragraph.
11.4 Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, with respect to the information provided by Service Recipients:
11.4.1 The Service Recipient shall be bound by the following rules when providing any content on the Online Store:
11.4.1.1. the obligation to use the Online Store, including to post content (e.g. as part of opinions or comments), in accordance with its purpose, these Regulations and in a manner consistent with the law and good morals, with due regard to respect for the personal rights and copyrights and intellectual property rights of the Service Provider and third parties;
11.4.1.2. the obligation to enter content in accordance with the facts and in a manner that is not misleading;
11.4.1.3. the prohibition of providing content of an unlawful nature, including the prohibition of providing Illegal Content;
11.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Store;
11.4.1.5. prohibition of providing content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;
11.4.1.6. the obligation to have, if necessary, all required rights and permissions to provide such content on the pages of the Online Store, in particular copyright or required licenses, permissions and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute in the Online Store and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.
11.4.1.7. the obligation to use the Online Store in a manner that does not pose a security risk to the Service Provider's ICT system, the Online Store or third parties.
11.4.2 The Service Provider reserves the right to moderate the content provided by the Service Recipients to the Web Store. Moderation shall be carried out in good faith and with due diligence and on the Service Provider's own initiative or upon notification received in order to detect, identify and remove Illegal Content or other content that does not comply with the Terms and Conditions or to prevent access to it or to take the necessary measures to comply with the requirements of European Union law and national law compatible with European Union law, including the requirements set forth in the Digital Services Act, or the requirements contained in the Terms and Conditions.
11.4.3 The moderation process may be performed manually by a human being or may rely on automated or semi-automated tools to facilitate the Service Provider's identification of Illegal Content or other content that does not comply with the Terms of Service. Once such content has been identified, the Service Provider shall make a decision as to whether to remove or disable access to the content or otherwise limit its visibility or take such other action as it deems necessary (e.g., contacting the Client to clarify objections and amend the content). The Service Provider shall clearly and easily understandably inform the Service Recipient who provided the content (if it has his contact information) of its decision, the reasons for its decision and the options available to appeal the decision.
11.4.4 In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due diligence, in an objective and proportionate manner, and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
11.5 Any comments, complaints, complaints, appeals or objections regarding decisions or other actions or lack of action taken by the Service Provider on the basis of a notification received or a decision of the Service Provider taken in accordance with the provisions of these Regulations may be submitted in a procedure analogous to the complaint procedure indicated in Section 6 of the Regulations. The use of this procedure is free of charge and allows the submission of complaints electronically to the e-mail address provided. The use of the procedure for filing and processing complaints is without prejudice to the right of the person or entity in question to initiate proceedings before a court of law and does not affect his other rights.
11.6 The Service Provider shall consider all comments, complaints, complaints, appeals or objections to decisions or other actions or inaction taken by the Service Provider on the basis of a notification received or decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other notification contains sufficient reasons for the Service Provider to believe that its decision not to take action in response to the notification is unjustified or that the information complained of is not illegal and in violation of the Rules, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, rescind or modify its decision as to whether to remove or prevent access to the content or otherwise limit its visibility, or take such other action as it deems necessary.
11.7 Service Recipients, persons or entities who have reported Illegal Content to whom the Service Provider's decisions regarding Illegal Content or content that does not comply with the Terms and Conditions are addressed, shall have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the Member State to resolve disputes regarding such decisions, including with respect to complaints that have not been resolved through the Service Provider's internal complaint handling system.
12. FINAL PROVISIONS
12.1 Contracts concluded through the Online Store shall be concluded in the Polish language.
12.2 Change of Terms and Conditions:
12.2.1 The Service Provider reserves the right to amend the Terms and Conditions for important reasons, that is: changes in laws; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
12.2.2 In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Terms and Conditions shall be binding upon the Customer if the requirements set forth in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Customer has been properly notified of the changes and has not terminated the agreement within 15 calendar days from the date of notification. If the amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the Service Recipient has the right to withdraw from the contract.
12.2.3 In the case of conclusion of agreements on the basis of these Terms and Conditions other than continuous contracts (e.g. Sales Agreement), the amendments to the Terms and Conditions shall in no way affect the rights acquired by the Service Recipients/Customers prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions shall not affect the Orders already placed or placed and the Sales Agreements concluded, executed or performed.
12.3 Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Consumer Rights; and other relevant provisions of commonly applicable law.
13. MODEL WITHDRAWAL FORM
(APPENDIX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
- Addressee:
Arco Factory Sp z o.o.
21A Bohaterów Wolności Street, 05-820 Piastów
blanketstory.com
info@blanketstory.com
- I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following goods(*) the contract for delivery of the following goods(*) the contract for work consisting in the performance of the following goods(*)/the provision of the following service(*)
- Date of conclusion of the contract(*)/receipt(*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if the form is sent on paper)
- Date
(*) Delete unnecessary.