&1 Preliminary Provisions
- The online store AZworkshop, available at the website azworkshop.eu, is operated by Graf-Art Sławomir Kulbida, based in Bolesławiec, with VAT ID PL6121710614 and REGON 380701030.
- These Regulations are addressed to Consumers and Entrepreneurs using the Store and define the rules for using the online store as well as the principles and procedure for concluding Distance Sales Contracts with the Customer.
&2 Definitions
- Consumer - a natural person concluding a contract with the Seller within the framework of the Store, whose subject matter is not directly related to their business or professional activities.
- Seller – Graf-Art Sławomir Kulbida based at B.Chrobrego 38/5 Street, 59-700 – Bolesławiec, VAT ID: PL6121710614, REGON: 380701030
- Customer - any entity making purchases through the Store.
- Entrepreneur - a natural person, legal person and organizational unit not being a legal person, to which separate laws grant legal capacity, carrying out in its own name business activity that uses the Store.
- Store - online store operated by the Seller at the web address azwarsztat.pl
- Distance Contract - a contract concluded with the Customer within the framework of an organized system for distance contracting (within the Store), without simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the conclusion of the contract.
- Regulations - these regulations of the Store.
- Order - a voluntary declaration of intent by the Customer, made through the Order Form, aimed at concluding a Sales Agreement for a product or products with the seller.
- Account - customer account in the Store, where data provided by the Customer and detailed information about their Orders in the Store are collected.
- Registration Form - a form available in the Store, enabling the creation of an Account.
- Order Form - an interactive form available in the Store allowing the placement of an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including delivery and payment methods.
- Cart - a software element of the Store, in which the Products selected by the Customer for purchase are visible, and there is also the possibility to determine and modify the Order data, particularly including the number of products and their type.
- 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 sales agreement for the Product concluded or to be concluded between the Customer and the Seller via the online store. The Sales Agreement also refers to - depending on the characteristics of the Product - a service agreement.
&3 Contact with the Store
- Seller's address: Graf-Art Sławomir Kulbida, ul.Wolności 103, 42-674 Zbrosławice
- Seller's email address: shop@azwarsztat.eu
- Seller's phone number: +48 534 920 100
- The Customer may communicate with the Seller using the phone number and email address provided in this paragraph.
- The Customer may contact the Seller by phone on weekdays between the hours of 08:00 – 16:00.
&4 General Information
- The Seller to the fullest extent permitted by law is not liable for disruptions including interruptions in the functioning of the Store caused by force majeure, unlawful interference by third parties or incompatibility of the Online Store with the Client's technical infrastructure.
- Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the assortment of the Store is possible either 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 execution of the Order without creating an Account.
- Prices given to customers are in Polish zloty and are gross prices - they include VAT.
- The final (total) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transportation, delivery, and postal services fees), which the Customer is informed about on the Store's pages during the ordering process, including at the moment of expressing the intention to be bound by the Sales Agreement.
- When the nature of the subject of the Agreement does not allow, reasonably assessing, for the calculation of the final (total) price in advance, information about how the price will be calculated, as well as charges for transport, delivery, postal services, and other costs, will be provided to the customer by email.
&5 Creating an Account in the Store
- To create an Account in the Store, you must fill out the Registration Form.
- Logging into the Account is done by providing the login and password established in the Registration Form.
- The Customer has the option at any time, without giving any reason and without incurring any fees, to delete the Account by sending an appropriate request to the Seller, in particular via email or in writing to the address specified in § 3.
&6 Order Placement Rules
To place an Order, you must:
- Log into the Store or optionally choose the "without registration" form
- Select the Product that is the subject of the Order, and then click the "Add to cart" button
- Click the "Checkout" button and confirm the order by clicking the link sent in the email,
- Choose one of the available payment methods and, depending on the payment method, pay for the order within the specified time frame, subject to § 8 item 3.
&7 Offered Delivery and Payment Methods
The Customer may use the following delivery or collection methods for the ordered Product:
- Courier shipment
The maximum delivery time in the European Union countries is 5 business days from the order. The delivery time may range from 2 to 5 business days, depending on the destination country.
The Customer may use the following payment methods (The online payment service provider for fast transfer payments is PayPro S.A.):
- Payment by the traditional bank transfer to the Seller's account, indicated in the email sent to the Customer (realization extended until receipt of transfer)
- Instant transfer
- Payment cards: Visa and MasterCard
&8 Execution of the Sales Agreement
- The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
- After placing the Order, the Seller confirms its receipt and informs the Customer of the availability period for each of the products. Confirmation of the receipt of the Order occurs through the Seller sending an appropriate email to the Customer's email address provided during the Order process, which includes the Seller's declaration of receipt of the Order and confirmation of the availability period of the specific product in the store.
- In the case of the Customer choosing:
a) payment by transfer, the Customer is obliged to make the payment within 3 calendar days from the date of concluding the Sales Agreement - otherwise, the order will be canceled. - If the Customer chose courier delivery, the Product will be shipped by the Seller within the period specified in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer during the Order process.
- In the case of ordering Products with different delivery dates, the delivery date is the longest specified term.
- The start of the delivery period of the Product to the Customer is calculated in the following way:
a) in the case of the Customer choosing the payment method of bank transfer - from the day the Seller's bank account is credited. - In the case of ordering Products with different readiness dates for collection, the readiness date is the longest specified term.
- The start of the readiness period for the Product to be collected by the Customer is calculated in the following way:
a) in the case of the Customer choosing the payment method of bank transfer - from the day the Seller's bank account is credited. - Delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. The costs of delivering the Product (including transport, delivery, and postal services fees) are indicated to the Customer on the pages of the Online Store under the "Delivery costs" tab and during the ordering process, unless the store establishes different delivery costs with the Customer in the case of collective or non-standard orders. The customer will be informed of such a fact by an email sent to their provided email address.
&9 Right to Withdraw from the Agreement
- The Consumer may withdraw from the Sales Agreement within 14 days without providing any reason.
- The period specified in sub. 1 starts from the delivery of the Product to the Consumer or to a person other than the carrier designated by them.
- In the case of an Agreement that includes multiple Products that are delivered separately, in batches, or in parts, the period specified in sub. 1 runs from the delivery of the last item, batch, or part.
- The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To observe the deadline for withdrawing from the Agreement, it is sufficient for the Consumer to send the statement before the deadline expires.
- The statement may be sent by traditional mail or electronically by sending the statement to the Seller's email address or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 3.
- If the statement is sent by the Consumer electronically, the Seller will send the Consumer confirmation of receipt of the statement of withdrawal from the Agreement to the email address provided by the Consumer.
- Effects of withdrawal from the Agreement:
a) In the case of withdrawal from a distance contract, the Agreement is considered as not concluded.
b) The Consumer should return the Product to the Seller's address specified in these Regulations immediately, no later than 14 days from the day on which they informed the Seller about the withdrawal from the Agreement. The deadline is met if the Consumer sends back the Product before the expiry of the 14 days.
c) The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if due to its nature it could not normally be returned by mail.
d) In the case that due to the nature of the Product it cannot be returned in the usual way by mail, information about this, as well as the costs of returning the Product, will be found in the Product description in the Store
e) The Seller will make the reimbursement using the same means of payment as were used by the Consumer in the original transaction unless the Consumer has expressly agreed otherwise and this will not incur any fees for them.
f) The Seller will withhold the reimbursement until the Product has been returned.
g) In the case of withdrawal from the Agreement, the Seller returns the funds to the Consumer within 14 days from the day of receiving the undamaged product back along with the Consumer's statement of withdrawal from the Agreement. - The right to withdraw from a distance contract does not apply to the Consumer in relation to an Agreement:
a) where the provision is a non-prefabricated item, made to the Consumer's specifications or serving their individualized needs,
b) where the provision is an item delivered in a sealed package which cannot be returned for health protection or hygiene reasons if the packaging has been opened after delivery,
c) where the provision is an item that would deteriorate quickly or has a short shelf life,
d) for the provision of services, if the Seller has fully performed the service with the explicit consent of the Consumer who has been informed before the start of the service that they will lose their right to withdraw from the Agreement upon the fulfillment of the service by the Seller,
e) where the price or remuneration depends on fluctuations in the financial market which the Seller does not control, and which may occur before the expiry of the withdrawal period,
f) where the provision involves items that, due to their nature, become inseparably mixed with other items after delivery
&10 Complaints and Warranty
- The Sales Agreement covers new Products.
- In case of defects in the goods purchased from the Seller, the Customer has the right to file a complaint based on the provisions of the warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.
- Complaints should be reported in writing or electronically to the Seller's email address provided in these Regulations.
- It is recommended that the complaint include a concise description of the defect, circumstances (including the date) of its occurrence, details of the complaining Customer, and the Customer's demand regarding the defective goods.
- The Seller will respond to the complaint within 14 days.
- Goods returned under the complaint procedure should be sent to the following address: Graf-Art Sławomir Kulbida, ul. Wolności 103, 42-674 Zbrosławice, tel.: +48534920100, email:shop@azworkshop.eu
- If a warranty has been granted for the Product, information about it, as well as its content, will be included in the Product description in the Store.
&11 Personal Data in the Online Store
- The administrator of personal data of Customers collected through the Online Store is the Seller.
- Personal data of Customers collected by the administrator through the Online Store is collected for the purpose of executing the Sales Agreement, and if the Customer consents, also for marketing purposes.
- Recipients of personal data of the Online Store's Customers may be:
a) In the case of a Customer who uses postal or courier delivery in the Online Store, the Administrator provides the collected personal data of the Customer to a selected carrier or intermediary executing shipments on behalf of the Administrator.
b) In the case of a Customer who uses electronic payments or payment cards in the Online Store, the Administrator provides the collected personal data of the Customer to a selected entity handling the above payments in the Online Store. - The Customer has the right to access the content of their personal data and to correct them.
- Providing personal data is voluntary, although not providing the personal data indicated in the Regulations necessary for concluding the Sales Agreement results in the inability to conclude this agreement.
&12 Final Provisions
- Agreements concluded through the Online Store are concluded in Polish.
- The Seller reserves the right to make changes to the Regulations for important reasons, i.e., changes in laws, 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 of any changes at least 7 days in advance.
- In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on electronic provision of services; the Consumer Rights Act, the Personal Data Protection Act.