Online Store Regulations

specifying, among other things, rules for concluding sales agreements through the Store, containing the most important information about the Seller, the Store and the rights of the Consumer

The provisions regarding the Privileged Entrepreneur apply to agreements concluded from January 1, 2021.

TABLE OF CONTENTS

1. Definitions
2. Contact with the Seller
3. Technical requirements
4. Purchases in the Store
5. Payments
6. Order fulfillment
7. Right to withdraw from the contract
8. Exceptions to the right to withdraw from the contract
9. Complaints
10. Personal data
11. Reservations

Appendix No. 1: Sample withdrawal form

• Working days – days from Monday to Friday, excluding public holidays.
• Consumer – a consumer within the meaning of the provisions of the Civil Code.
• Account – a free function of the Store (a service provided electronically) regulated by separate regulations, thanks to which the Buyer can set up their individual account in the Store.
• Buyer – any entity purchasing in the Store.
• Privileged Buyer – Consumer or Privileged Entrepreneur.
• Privileged Entrepreneur – a natural person concluding an agreement with the Seller directly related to their business activity, but not of a professional nature (the definition applies to agreements concluded from January 1, 2021).
• Regulations – these regulations.
• Store - online store www.motionwall.store run by the Seller at ul. Nowa 35, 97-200 Tomaszów Mazowiecki
  
• Seller:
  EMOTIONART ARCHITECTURE@DESIGN
  NIP 7732345245
  REGON 363378332

Postal address: EMOTIONART ARCHITECTURE @ DESIGN, ul. Nowa 35, 97-200 Tomaszów Mazowiecki
E-mail address: office@motionwall.pl
Phone: +48 508 213 858

For the Store to function properly, you need:

• a device with Internet access
• a web browser that supports JavaScript and cookies.

To place an order in the Store, in addition to the requirements specified in sec. 1, an active e-mail account is required.

• The prices of goods visible in the Store are the total prices for the goods.
• The Seller points out that the total price of the order consists of the following indicated in the Store: the price for the goods and, if applicable in a given case, the costs of delivery of the goods.
• The goods selected for purchase should be added to the basket in the Store.
• The Buyer then selects from those available in the Store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the placed order.
• The order is placed at the moment of confirmation of its content and acceptance of the Regulations by the Buyer.
• Placing an order is identical to concluding a sales agreement between the Buyer and the Seller.
• Seller will provide the privileged Buyer with confirmation of the conclusion of the sales agreement on a durable medium at the latest upon delivery of the goods.
• In order to make purchases in the Store, you must register in the Store, i.e. create an Account there.

You can pay for the placed order, depending on the Buyer's choice:

1. by payment card: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro
2. via the payment platform: Przelewy24
3. by making a transfer to the account number:
   Account owner: EMOTIONART ARCHITECTURE & DESIGN
   Account number: 39 1240 1718 1111 0010 8494 9416
   Bank: PEKAO S.A.

If the Buyer chooses to pay in advance, the order must be paid for within 1 Business Day of placing the order.

The Seller informs that in the case of some payment methods, due to their specificity, payment for the order using this method is only possible immediately after placing the order.

By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.

1. The Seller is obliged to deliver the goods without defects.
2. The order completion date is indicated in the Store.
3. If the Buyer has chosen to pay in advance for the order, the Seller will start to fulfill the order after it has been paid for.
4. If the Buyer has purchased goods with different completion dates within one order, the order will be completed within the time appropriate for the goods with the longest completion date.
5. The goods are delivered only within the territory of the Republic of Poland.
6. Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer.

1. The privileged Buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
2. The deadline for withdrawal from the contract expires after 14 days from the date:

• on which the privileged Buyer came into possession of the goods or on which a third party other than the carrier and indicated by the privileged Buyer came into possession of the goods;
• on which the privileged Buyer came into possession of the last item or on which a third party, other than the carrier and indicated by the privileged Buyer, came into possession of the last item in the case of a contract requiring the transfer of ownership of many items that are delivered separately;
• conclusion of the contract - in the case of a contract for the delivery of digital content.

1. In order for the privileged Buyer to exercise the right to withdraw from the contract, they must inform the Seller, using the data provided in § 2 of the Regulations, of their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or information sent by e-mail).
2. The privileged Buyer may use the model withdrawal form provided at the end of the Regulations, but this is not obligatory.
3. In order to meet the deadline for withdrawal from the contract, it is sufficient for the privileged Buyer to send information regarding the exercise of their right to withdraw from the contract before the deadline for withdrawal from the contract expires.

EFFECTS OF WITHDRAWAL FROM THE CONTRACT

1. In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from them, including the costs of delivering the goods (with the exception of additional costs resulting from the privileged Buyer's choice of method of delivery other than the cheapest standard method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the decision of the privileged Buyer to exercise the right to withdraw from the contract.
2. The Seller will refund the payment using the same payment methods that were used by the privileged Buyer in the original transaction, unless the privileged Buyer agrees to a different solution; in each case, the privileged Buyer will not incur any fees in connection with this refund.
3. The Seller may withhold the refund until the goods are received or until proof of their return is provided to him, depending on which event occurs first.
4. The Seller requests that the goods be returned to the address that will be provided in the e-mail immediately, and in any case no later than 14 days from the day on which the privileged Buyer informed the Seller of the withdrawal from the sales contract. The deadline is met if the privileged Buyer returns the goods before the 14-day period expires.
5. The privileged Buyer bears the direct costs of returning the goods.
6. The privileged Buyer is only liable for a decrease in the value of the goods resulting from using them in a manner other than necessary to determine the nature, characteristics and functioning of the goods.
7. If the goods cannot be returned by regular mail due to their nature, the privileged Buyer will also have to bear the direct costs of returning the goods. The Seller will inform the privileged Buyer about the estimated amount of these costs in the description of the goods in the Store or when placing the order.
8. In the event of the need to return funds for a transaction made by the privileged Buyer with a payment card, the Seller will make a refund to the bank account assigned to that payment card.

The right to withdraw from a contract concluded at a distance, referred to in § 7 of the Regulations, does not apply in relation to a contract:

• in which the subject of the service is a non-prefabricated item, manufactured according to the specifications of the privileged Buyer or intended to meet their individual needs;
• in which the subject of the service is an item that spoils quickly or has a short shelf life;
• in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
• in which the subject of the service are items that, due to their nature, are inseparably connected with other things;
• where the subject of the service is audio or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery;
• for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
• where the price or remuneration depends on fluctuations in the financial market over which the Seller exercises no control and which may occur before the deadline for withdrawal from the contract expires;
• for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the privileged Buyer before the deadline for withdrawal from the contract expires and after the Seller informed him of the loss of the right to withdraw from the contract.

In the event of a defect in the goods, the Consumer has the possibility to complain about the defective goods on the basis regulated in the Civil Code warranty or guarantee, if the guarantee has been granted.

Using the warranty, the Consumer may, under the terms and within the deadlines specified in the Civil Code:

• submit a declaration of price reduction,
• in the case of a significant defect - submit a declaration of withdrawal from the contract,
• demand the exchange of the item for a defect-free one,
• demand the removal of the defect.

The Seller requests that complaints based on the warranty be submitted to the postal or electronic address indicated in § 2 of the Regulations.

If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller, the Consumer is obliged to deliver this goods at the Seller's expense to the address Vdrevne Sp z o.o., ul. Zakładowa 5c, 62-510 Konin.

If an additional guarantee has been granted for the product, information about it, as well as its terms, is available in the product description in the Store.

Complaints regarding the operation of the Store should be sent to the following e-mail address: office@motionwall.pl

The complaint will be considered by the Seller within 14 days.

OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND FINDING CLAIMS

If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others: from:

• mediation conducted by the relevant Voivodship Inspectorate of Trade Inspection, to which you should apply for mediation. 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;
• the assistance of the competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be filed. 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;
• free assistance from the municipal or district consumer ombudsman;
• online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and bases of data processing, as well as recipients of data - can be found in the Privacy Policy available in the Store - due to the principle of transparency, included in the general regulation of the European Parliament and of the Council (EU) on data protection - "GDPR". The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for the processing of personal data in this case is:

• sales agreement or actions taken at the request of the Buyer, aimed at its conclusion (Article 6, paragraph 1, letter b of the GDPR),
• legal obligation of the Seller related to accounting (Article 6, paragraph 1, letter c) and the legitimate interest of the Seller, consisting in the processing of data for the purpose of determining, pursuing or defending possible claims (Article 6, paragraph 1, letter f of the GDPR).

Providing data by the Buyer is voluntary, but at the same time necessary to conclude the sales agreement. Failure to provide data will prevent the conclusion of a sales contract in the Store.

The Buyer's data provided in connection with purchases in the Store will be processed until:

• the sales contract concluded between the Buyer and the Seller ceases to apply;
• the Seller ceases to be under a legal obligation to process the Buyer's data;
• the possibility of pursuing claims by the Buyer or the Seller related to the sales contract concluded by the Store ceases;
• the Buyer's objection to the processing of his personal data is accepted - in the event that the basis for data processing was the Seller's legitimate interest - depending on what is applicable in a given case and what will happen at the latest.

The Buyer has the right to request:

• access to their personal data,
• their rectification,
• deletion,
• restriction of processing,
• transfer of data to another administrator as well as the right to: object at any time to the processing of data for reasons related to the Buyer's special situation - to the processing of personal data concerning them, based on art. 6 sec. 1 lit. f GDPR (i.e. on legally justified interests pursued by the administrator).

In order to exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.

If the Buyer considers that their data is being processed unlawfully, the Buyer may file a complaint with the President of the Office for Personal Data Protection.

The Buyer is prohibited from providing content of an unlawful nature.

Each order placed in the Store constitutes a separate sales agreement and requires separate acceptance of the Regulations. The agreement is concluded for the time and for the purpose of fulfilling the order.

Agreements concluded on the basis of the Regulations are concluded in Polish.

In the event of a potential dispute with a Buyer who is not a privileged Buyer, the competent court will be the court with jurisdiction over the Seller's registered office.

The provisions regarding goods and the sales agreement shall apply accordingly to digital content and the agreement for the supply of digital content, unless the Regulations specify these issues separately.

Any liability of the Seller towards a Buyer who is not a privileged Buyer, to the extent permitted by law, is excluded.

Liability under the warranty towards a privileged Entrepreneur is excluded.

The provisions regarding the Privileged Entrepreneur apply to agreements concluded from January 1, 2021.

TABLE OF CONTENTS

• § 1 Definitions
• § 2 Newsletter
• § 3 Complaints
• § 4 Personal data
• § 5 Final provisions

• Consumer - a consumer within the meaning of the provisions of the Civil Code.
• Newsletter - a free service provided electronically, thanks to which the Service Recipient may receive previously ordered messages from the Service Provider electronically regarding Store, including information about offers, promotions and new products in the Store.
• Privileged Entrepreneur - a natural person concluding an agreement with the Service Provider directly related to their business activity, but not having a professional character for them (the definition applies to agreements concluded from January 1, 2021).
• Store - online store www.motionwall.store run by the Service Provider at Emotionart Architecture&Design, ul. Nowa 35, 97-200 Tomaszów Mazowiecki
• Service Recipient - any entity using the Newsletter service.
• Privileged Service Recipient - Consumer or Privileged Entrepreneur.
• Service Provider - Emotionart Architecture&Design

The Service Recipient may voluntarily use the Newsletter service.

To use the Newsletter service, a device with the latest version of a web browser that supports JavaScript and cookies, with access to the Internet and an active e-mail account is required.

E-mails sent as part of this service will be sent to the e-mail address provided by the Service Recipient when signing up for the Newsletter.

In order to conclude an agreement and sign up for the Newsletter service, the Service Recipient first provides their e-mail address in the designated place in the Store, to which they wish to receive messages sent as part of the Newsletter. At the time of signing up for the Newsletter, an agreement for the provision of the service is concluded, and the Service Provider will begin providing it to the Service Recipient - subject to paragraph 5.

In order to properly implement the Newsletter service, the Service Recipient is obliged to provide their correct e-mail address.

The messages sent as part of the Newsletter will contain information on the possibility of unsubscribing from it, as well as a link to unsubscribe.

The Service Recipient may unsubscribe from the Newsletter, without giving a reason and incurring any costs, at any time, using the option referred to in paragraph. 6 or by sending a message to the Service Provider's e-mail address: m.smus@vdrevne.pl

Using the link to unsubscribe from the Newsletter or sending a message requesting unsubscription from the Newsletter will result in immediate termination of the agreement regarding the provision of this service.

Complaints regarding the Newsletter should be reported to the Service Provider at the e-mail address: office@motionwall.pl

The Service Provider will respond to the complaint within 14 days of receiving the complaint.

OUT-OF-COURT METHODS OF RESOLVING COMPLAINTS AND INVESTIGATION CLAIMS

If the complaint procedure does not bring the result expected by the Service Recipient who is a Consumer, the Consumer may use, among others:

• mediation conducted by the 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;
• 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;
• free assistance from the municipal or district consumer ombudsman;
• online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

The administrator of personal data provided by the Service Recipient in connection with the subscription to the Newsletter is the Service Provider. Detailed information on the processing of personal data by the Service Provider - including other purposes and grounds for data processing, as well as recipients of data, can be found in the Privacy Policy available in the Store - due to the principle of transparency, included in the general regulation of the European Parliament and of the Council (EU) on data protection - "GDPR".

The purpose of processing the Service Recipient's data is to send the Newsletter. The basis for the processing of personal data in this case is the service agreement or actions taken at the request of the Service Recipient, aimed at its conclusion (Article 6, paragraph 1, letter b of the GDPR), as well as the legitimate interest of the Service Provider, consisting in the processing of data in order to determine, pursue or defend potential claims (Article 6, paragraph 1, letter f of the GDPR).

Providing data by the Service Recipient is voluntary, but at the same time necessary for the provision of the Newsletter service. Failure to provide data means that the Service Provider will not be able to provide this service.

The Service Recipient's data will be processed until:

• The Service Recipient unsubscribes from the Newsletter;
• The possibility of pursuing claims by the Service Recipient or the Service Provider related to the Newsletter ceases;
• The Service Recipient's objection to the processing of their personal data is accepted - in the event that the basis for data processing was the Service Provider's legitimate interest - depending on what applies in a given case and what will happen at the latest.

The Service Recipient has the right to request:

• access to their personal data,
• their rectification,
• deletion,
• restriction processing,
• transferring data to another administrator

as well as the right to:

• object at any time to the processing of data for reasons related to the specific situation of the Service Recipient - to the processing of personal data concerning him, based on art. 6 sec. 1 letter f of the GDPR (i.e. on legally justified interests pursued by the administrator).

In order to exercise his rights, the Service Recipient should contact the Service Provider.

If the Service Recipient considers that his data is being processed unlawfully, the Service Recipient may file a complaint with the President of the Personal Data Protection Office.

The Service Provider reserves the right to change these regulations only for important reasons. An important reason is understood as the need to change the regulations due to the modernization of the Newsletter service or a change in legal regulations that affects the provision of the service by the Service Provider.

Information about the planned change in the regulations will be sent to the e-mail address of the Service Recipient provided at the time of signing up for the Newsletter at least 7 days before the changes come into effect.

If the Service Recipient does not object to the planned changes until they come into effect, it is assumed that they accept them.

In the event of lack of acceptance for the planned changes, the Service Recipient should send information about this to the Service Provider's e-mail address: office@motionwall.pl, which will result in the termination of the service agreement when the planned changes come into effect.

The Service Recipient is prohibited from providing content of a unlawful.

The Newsletter service agreement is concluded in Polish.

In the case of a Service Recipient who is not a privileged Service Recipient, the competent court will be the court with jurisdiction over the registered office of the Service Provider.