Shop rules

Regulations of the online store

§ 1

Preliminary Provisions

The Avocado Pracownia Twórcza online store, available at www.avocadopt.com, is run by Martina Lewandowska, who runs a business under the name Avocado Pracownia Twórcza. , NIP: 6731794377, REGON: 365775860.
These regulations are addressed to Consumers and specify the rules and procedure for concluding a Distance Sales Agreement with the Consumer through the Store.
§ 2

definitions

Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
Seller – a natural person running a business under the name Avocado Pracownia Twórcza, entered in the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP: 6731794377, REGON: 365775860.
Customer – any entity making purchases through the Store.
Store – online store run by the Seller at the Internet address www.avocadopt.com.
Distance contract – a contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
Regulations – these Regulations of the Store.
Order – the Customer’s declaration of intent made using the Order Form and directly aimed at concluding a Product Sales Agreement or Products with the Seller.
Account – the customer’s account in the Store, it collects data provided by the Customer and information about Orders placed by him in the Store.
Registration form – a form available in the Store that allows you to create an Account.
Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Shopping Cart – an element of the Store’s software, in which the Products selected for purchase by the Customer are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
Product – a movable item / service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
Sales Agreement – a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store. The Sale Agreement also means – applying to the features of the Product – a contract for the provision of services and a contract for specific work.
§ 3

Contact with the Store

Seller’s address: ul. Siennicka 25, Gdańsk 78-400
Seller’s e-mail address: info@avocadopt.com
Seller’s phone number: +48 694874767
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
The Customer may contact the Seller by phone between 12:00 and 18:00 on business days.

§ 4

Technical requirements

To use the Store, including viewing the Store’s assortment and placing orders for Products, you need:

end device with access to the Internet and a web browser
active e-mail account
cookies enabled
§ 5

General information

The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the operation of the Store due to factors beyond its control, unauthorized actions of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be carried out without creating an Account.
The prices given in the Store are given in Polish zlotys and are gross prices (including VAT).
The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), about which the Customer is informed on the Store’s pages when placing the Order, including when expressing the will to be bound by a Sales Agreement.
If the nature of the subject of the Agreement does not allow for earlier calculation of the amount of the final (final) price, information on the manner in which the price will be calculated, as well as about the fees for transport, delivery, postal services and other costs will be given in the Store in the product description.

§ 6

Creating an Account in the Store

To set up an Account in the Store, please complete the Registration Form. It is necessary to provide the following data: name, surname, e-mail address
Creating an Account in the Store is free.
Logging in to the Account is done by entering the login and password established
in the Registration Form.
The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending a relevant request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

§ 7

products

All Products available in the Store are protected by copyright and their reproduction and copying is punishable by law.
All content on the site is also subject to copyright and copying without the consent of the authors is prohibited.
Photos of Products presented on the site are illustrative photos. Colors may vary due to the type of device on which the Product is displayed. The coloration, wood arrangement and characteristics of recovered wood frames are characterized by craftsmanship and unique character, therefore there may be slight differences.

§ 8

Free services

1. The Seller provides electronically free services to customers:
a) Contact form;
b) Newsletter;
c) Keeping a Customer Account;
d) Posting opinions.
2. Services specified in §10 para. 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected listed services, about which he will inform the Customers in a manner appropriate to amend the Regulations.
4. The Contact Form service consists in sending a message to the Seller using the form located on the Store’s Website.
5. Resignation from the free service The contact form is possible at any time and consists in ceasing to send inquiries to the Seller.
6. The Newsletter service may be used by any Customer who enters his e-mail address using the registration form provided by the Seller on the Store’s Website. As soon as the customer sends an email address, a contract for the electronic provision of the Newsletter service is concluded.

The Customer may additionally, during Registration, check the appropriate box in the registration form to subscribe to the Newsletter service.
7. The Newsletter service consists in the Seller sending an electronic message to the e-mail address containing information about new products or services in the Seller’s offer. The Newsletter is sent by the Seller to all Customers who have subscribed.
8. Each Newsletter addressed to given Customers includes, in particular: information about the sender, the completed ‘subject’ field, specifying the content of the shipment, as well as information about the possibility and method of unsubscribing from the free Newsletter service.
9. The Customer may at any time opt out of receiving the Newsletter by unsubscribing from the subscription via the link provided in each electronic message sent as part of the Newsletter service or by deactivating the appropriate field in the Customer Account.
10. The Customer Account Maintenance service is available after Registration on the terms described in the Regulations and consists in providing the Customer with a dedicated panel within the Store Website, enabling the Customer to modify the data he provided during Registration, as well as tracking the status of orders and the history of orders already completed .
11. The Customer who has registered may submit a request to delete the Seller’s Customer Account, however, if the Seller requests to delete the Customer Account, it may be deleted up to 14 days from the request.
12. The Posting Service consists in enabling the Seller, Customers who have a Customer Account, to publish on the Store’s Website individual and subjective statements of the Customer regarding in particular Goods.
13. Resignation from the service Posting opinions is possible at any time and consists in the Customer ceasing to post content on the Store’s Website.

14.

Online Store or other hacker activities. Blocking access to the Customer Account and free services for these reasons lasts for the period necessary to resolve the issue that is the basis for blocking access to the Customer Account and free services. The Seller notifies the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
§ 9

Customer responsibility regarding the content posted by him

1. By posting content and sharing it, the Customer makes a voluntary distribution of content. The posted content does not express the views of the Seller and should not be equated with his activities. The seller is not a content provider, but only an entity that provides adequate ICT resources for this purpose.
2. The Customer declares that:
a) is entitled to use property copyrights, industrial property rights and / or related rights to works, items of industrial property rights (e.g. trademarks) and / or related rights items that make up the content, respectively;
b) placing and sharing as part of the services referred to in §8 of the Regulations, personal data, image and information about third parties took place in a legal, voluntary manner and with the consent of the persons concerned;
c) agrees to access the published content by other Customers and the Seller, and authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations;
d) consents to the development of works within the meaning of the Copyright and Related Rights Act.
3. The customer is not entitled to:
a) posting, as part of using the services referred to in §8 of the Regulations, personal data of third parties and disseminating the image of third parties without the permission or consent of a third party required by law;
b) posting advertising and / or promotional content as part of using the services referred to in §8 of the Regulations.
4. It is forbidden for Customers to post, as part of using the services referred to in §8 of the Regulations, content that could, in particular:
a) be posted in bad faith, e.g. with the intention of infringing personal rights of third parties;
b) violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secrets or relating to confidentiality obligations;
c) be offensive or threaten other people, contain vocabulary that violates good manners (e.g. by using profanity or terms commonly considered offensive);
d) conflict with the interests of the Seller;
e) otherwise violate the provisions of the Regulations, decency, applicable law, social or moral norms.
5. In the event of receiving a notification, the Seller reserves the right to modify or delete content posted by Customers as part of their use of the services referred to in §8 of the Regulations, in particular in relation to content on which, based on reports of persons third or relevant authorities, it has been found that they may constitute a violation of these Regulations or applicable law. The seller does not carry out ongoing monitoring of posted content.
6. The Customer agrees to the free use by the Seller of the content posted by him within the Store Website.

§ 10

Order placement rules for registered users

In order to place an Order:

log into the Store;
select the Product being the subject of the Order, and then click the “Add to Cart” button
click “I order and pay” / click “I order and pay” and confirm the order by clicking on the link sent in the email,
choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3.

§ 11

Order placement rules for unregistered users

In order to place an Order:

select the Product being the subject of the Order, and then click the “Add to Cart” button
complete the Order Form by entering the recipient’s details and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data, if different from the recipient’s data,
click “I order and pay” / click “I order and pay” and confirm the order by clicking on the link sent in the email,
choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period.

§ 12

Offered delivery and payment methods

The Customer may use the following methods of delivery or receipt of the ordered Product:

Courier delivery
Parcel post
Personal pickup available at: ul. Siennicka 25, 80-758 Gdańsk
The customer can use the following payment methods:

Payment by bank transfer to the Seller’s account
Electronic payments
Payment by payment card.
Payment in cash on personal pickup
Detailed information on delivery methods and accepted payment methods can be found on the Store’s website.

§ 13

Performance of the sales contract

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store:
After placing the Order, the Seller immediately confirms its receipt, and then accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for execution occurs by sending the Customer an appropriate e-mail to the e-mail address provided by the Seller. Upon receipt of the above message by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
If selected by the Customer:
payment by bank transfer The customer is obliged to make the payment within 3 calendar days from the date of the Sale Agreement – otherwise the order will be canceled.
cash payments on personal pickup only apply to standard products (without personalization). In another situation, prepayment is required to the company’s account.
If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
When ordering Products with different delivery dates, the delivery date is the longest given date.
The beginning of the delivery period of the Product to the Customer counts as follows:
If the Customer chooses the method of payment by bank transfer, electronic payment or by payment card – from the day the payment is credited to the Seller’s account.

If the Customer chooses to collect the Product personally, the Product will be ready for collection by the Customer within the time limit indicated in the Product description.
The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the e-mail address provided by the Customer when placing the Order.
Product delivery takes place within the European Union and outside it.
Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store’s website in the “Delivery costs” tab and when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.
Personal collection of the Product by the Customer is free.

§ 14

The right to withdraw from the contract

The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The time limit specified in para. 1 begins with the delivery of the Product to the Consumer.
The consumer may withdraw from the Contract by submitting a declaration of withdrawal from the Contract to the Seller. To meet the deadline for withdrawing from the Contract, it is sufficient for the Consumer to send a statement before this deadline.
The statement may be sent via e-mail by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in § 3.
In the event of sending a statement by the Consumer electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.
Effects of withdrawal from the Agreement:
In the event of withdrawal from a Distance Contract, the Contract is considered null and void.
In the event of withdrawal from the Contract, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Contract, the equivalent of the order (if it applies to standard products).
The seller will refund the payment using electronic payments
The Seller refrains from returning the payment until receiving the Product
The Consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
The consumer is responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Contract:
in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy his individual needs,
for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the Contract,
in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.

§ 15

Complaint and warranty

The Sale Agreement covers new Products.

Goods returned under the complaint procedure should be sent to the address given in § 3 of these Regulations.

The basis for a positive consideration of a complaint if you receive a mechanically damaged product from the courier is to draw up a damage report in the presence and with the carrier’s signature. Information about damage to the Product during transport should be sent to the Administrator as soon as possible by e-mail with a photo or scan of the report.

If a warranty has been granted on the Product, information about it, as well as its content, will be included in the description of the Product in the Store.

 

§ 16

Out-of-court complaint consideration and redress methods

Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Provincial Inspectorates of Inspection Handlowa and 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/spprawy_ind Individualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
The consumer has the following examples of options for using out-of-court complaint handling and redress:
The consumer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on 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.
The consumer is entitled to turn to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on 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.
The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

§ 17

Personal data in the Online Store

The administrator of personal data of Customers collected through the Online Store is the Seller.
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.
The recipients of personal data of Online Store customers may be:
In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
In the case of a Customer who uses the Online Store with an electronic payment method or payment card, the Administrator provides the Customer’s collected personal data to the selected entity operating the above payments in the Online Store.
The customer has the right to access their data and correct them.
Providing personal data is voluntary, but not indicated
in the Regulations of personal data necessary to conclude a Sales Agreement results in the inability to conclude this contract.

§ 18

Final Provisions

Agreements concluded through the Online Store are concluded in Polish and English.
The Seller reserves the right to amend the Regulations for important reasons, i.e. changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about any change at least 7 days in advance.
In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
The Regulations enter into force on 1.06.2019