Definitions:
1) Business days - days from Monday to Friday, excluding public holidays
2) Seller - Raiseberry Magdalena Jurek-Karasek with its registered office in 44-341 Gołkowice, ul. Powstańców Śląskich 2, NIP 865-250-62-96
3) Customer - a natural person, legal person or organizational unit without legal personality but with legal capacity using the Online Store, to whom, in accordance with the Terms and Conditions and the provisions of law, services may be provided electronically or with whom a Sales Agreement may be concluded
4) Consumer - a natural person performing a legal transaction with an entrepreneur not directly related to their business or professional activity
5) Supplier: means an entity with which the Seller cooperates in the scope of Delivery of Goods:
- a courier company
- Poczta Polska SA
6) Products - goods presented in the Store, the description of which is available for each of the presented products and which may be the subject of a sales agreement
7) Order - a declaration of will by the Customer, aimed directly at concluding a sales contract, specifying in particular the type of goods and their quantity
Personal data protection
- The Seller is the administrator of the Customer's Personal Data.
- The Seller processes only the personal data provided to it by the Customer.
- Customers' personal data may be processed for the following purposes:
- accepting orders and performing the sales contract,
- ongoing communication on matters related to orders placed, including their confirmation and status updates,
- handling complaints if submitted by the Customer,
- handling requests and inquiries other than complaints submitted by the Customer to the Seller,
- fulfilling the Company's legal obligations, e.g., issuing and storing invoices, as well as for tax and accounting purposes
- pursuing claims arising from the contract,
- accepting statements of withdrawal from concluded sales agreements,
- marketing of own services during the term of the contract.
- for marketing purposes, if the Customer has consented to their use for this purpose
The provision of personal data by the Customer is voluntary, but necessary for the conclusion and performance of the contract between the Seller and the Customer. If the Customer does not provide their first and last name, e-mail address, and residential address, it will be impossible for the Seller to conclude a contract with the Customer, and as a result, the Customer will not be able to use the Seller's services. If required by law, the Seller may request the Customer to provide other data necessary for accounting or tax purposes, for example. The Seller will process the Customer's personal data for the time necessary to achieve the purposes indicated in point 3 above. Depending on the legal basis for the processing of personal data, this will be, respectively:
- the duration of the contract,
- the period of performing legal obligations and the period during which the law requires personal data to be stored
- the period during which claims arising from the contract with the Customer become time-barred, not longer than 6 years from the date of termination of such contract.
The Customer has the right to access their personal data and to rectify, delete or request restriction of its processing, the right to transfer data, as well as the right to object to the processing of their personal data, on the terms and in the cases provided for in the GDPR. The Customer is entitled to lodge a complaint with the Personal Data Protection Office in connection with the processing of their personal data by the Seller. The Seller reserves the right to transfer the Customer's personal data to entities processing personal data on behalf of the Seller, e.g., entities providing payment, insurance, courier, postal, and accounting services to the Seller, related to the collection of receivables under the contract between the Seller and the Customer. The Seller will not transfer the Customer's personal data to third countries or international organizations. The Customer's personal data will not be subject to automated decisions, including profiling. For purposes related to the processing of personal data, especially in the situations specified in point 7, the Customer may contact the Seller by post at the following address: ul. Polna 5, 44-340 Godów, or by e-mail at: biuro@mkmaryla.pl
IX Final provisions
- These Terms and Conditions are part of the sales agreement concluded between the Seller and the Customer. The content of the Terms and Conditions is binding for the parties in accordance with the wording at the time the Customer places the order.
- These Terms and Conditions also apply to orders placed with the Seller outside the Online Store (orders placed in person, in writing, or by telephone). In such a case, those provisions of these Terms and Conditions that apply only to the form of placing orders specific to the Online Store are excluded.
- Any disputes arising in connection with the performance of sales contracts between the Seller and the Customer shall be resolved in the first instance through negotiations with the intention of amicably resolving the dispute. In the event of a failure to reach an agreement between the parties, any disputes arising between the parties in connection with the conclusion of a sales contract via the Online Store shall be settled by the court having jurisdiction over the Seller's registered office.
- The consumer has the option of using out-of-court methods of handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court. These may include, in particular, consumer ombudsmen or Provincial Inspectorates of Trade Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection.
Information for consumers, including information on how to obtain assistance, is also available on the website of the President of the Office of Competition and Consumer Protection (uokik.gov.pl) in the "Dispute resolution" tab.
The seller informs that at http://ec.europa.eu/consumers/odr/ the consumer has access to the EU platform for online dispute resolution between consumers and businesses at EU level (ODR platform). - In matters not covered by these Terms and Conditions, the provisions of applicable law shall apply, including the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Act on consumer rights, and other relevant provisions of Polish law.
- The Seller reserves the right to amend these Terms and Conditions. The amended Terms and Conditions will be made available on the Store's website (including for download in PDF format). The Seller shall inform about the amendment to the Terms and Conditions by means of a notice posted on the main page of the Online Store and by sending a notification of the amendment to the Terms and Conditions (together with the attached Terms and Conditions in PDF format) to registered Customers to the e-mail address assigned to their account.
The amendment to the Terms and Conditions does not apply to orders placed before such amendment, which are processed according to the existing rules.