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Store regulations

ONLINE STORE REGULATIONS
www.sharpieshop.eu

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§1. GENERAL PROVISIONS
  1. The online store available at www.sharpieshop.eu is run byGrupa Sterion Sp. z o.o. with its registered office at: al. Niepodległości 58, 02-626 Warsaw, Poland, share capital: PLN 60 thousand, NIP [tax identification number] 5213705170, REGON [company identification number]: 362419879, KRS: 0000573731, email: shop@sharpieshop.eu, Tel.: +48 22 100 67 63. (cost per minute according to the operator's rates);
  2. These regulations apply to agreements concluded via www.sharpieshop.eu website
  3. Definitions:
    1. Online Store - the Vendor's online Store available at www.sharpieshop.eu,
    2. Regulations - these regulations of the Online Store, referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 no. 144, item 1204 as amended),
    3. Seller - Grupa Sterion Sp. z o.o. with its registered office at al. Niepodległości 58, 02-626 Warsaw, Poland NIP [tax identification number: 521-370-51-70, REGON [company identification number]: 362419879, KRS [company registration number]: 0000573731, email: shop@sharpieshop.eu, Tel.: +48 22 100 67 63,
    4. Buyer - a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity, a natural person conducting a business activity, a legal person or an organizational unit without legal personality, which uses services provided electronically by the Seller,
    5. Consumer - a consumer within the meaning of Article 221 of the Act of 23 April 1964 - Civil Code (Journal of Laws of 2014, item 121 as amended, hereinafter: the Civil Code), i.e. a natural person making a legal transaction with the entrepreneur not directly related to its business or professional activity.
    6. Entrepreneur - an entrepreneur within the meaning of Article 431 of the Civil Code, i.e. a natural person, legal person or organizational unit referred to in Article 331 of the Civil Code, conducting business or professional activities in its own name.
    7. Entrepreneur - Consumer - a natural person running a one-person business, entered in the Central Business Register and Information on Business Activity, concluding an agreement directly related to his/her business activity, but not of a professional nature, resulting from the subject of his/her business activity, verified under the provisions of the Central Business Register and Information on Business Activity
    8. Order Form - a form available in the Online Store that allows the Buyer to place an Order and its implementation,
    9. Order - the Buyer's declaration of will, constituting an offer to conclude a Product sales agreement with the Seller,
    10. Sales Agreement - a product sales agreement within the meaning of the provisions of the Act of 23 April 1964 - Civil Code (Journal of Laws of 2014, item 121, as amended), concluded via the Online Store in English,
    11. Product - a movable item available in the Online Store, being the subject-matter of a sales agreement between the Buyer and the Seller,
    12. Special Product - a movable item available in the Online Store, which is the subject-matter of a sales agreement between the Buyer and the Seller, which, due to its individual properties (e.g. availability only for an individual order) is subject to special sales rules,
    13. Cart - a virtual tool that enables the Buyer to aggregate selected Products before buying them and calculating their value. When choosing Products, the Buyer may freely manage the contents of the Cart by adding additional Products to it or removing them from the Cart,
    14. Promotion - a time-limited discount on selected Products being the subject-matter of a sales agreement between the Buyer and the Seller,
    15. Proof of purchase - a fiscal receipt or a VAT invoice sent electronically to the e-mail address provided by the Customer or other confirmation of payment for the Product. On special request, the document is sent in paper form.
    16. Newsletter - a service provided electronically by the Seller, consisting in enabling interested Buyers to automatically receive the most important information related to the Online Store to the email address provided,
    17. Appendix No. 1 - a document enabling withdrawal from the agreement referred to in §7, attached to the Regulations
    18. Appendix No. 2 - a document enabling filing complaints referred to in §5, attached to the Regulations.
  4. The services provided electronically by the Seller consist of:
    1. enabling the conclusion of the sales agreement by completing the Order Form,
    2. running a newsletter.
  5. Before approving the completed Order Form, the Buyer is asked to read the Regulations and accept them.
  6. In the Online Store, Promotions for selected Products from the store's offer may be organized. The Seller decides about the rules regarding the promotion, making them public on the Online Store website.
  7. Announcements, advertisements of the Seller, price lists and other information about the Products, provided on the website of the Online Store, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to enter into a agreement within the meaning of Article 71 of the Act of 23 April 1964 - Civil Code (Journal of Laws of 2014, item 121 as amended).
  8. To use the Online Store www.sharpieshop.eu, a computer with a processor of min. 800MHz, 1GB RAM and a web browser (Internet Explorer (version> = 9.0), Mozilla Firefox, Opera, Google Chrome, Safari), as well as a keyboard or other pointing device that allows to fill in the electronic forms correctly, are needed.
  9. The provisions of these Regulations are not intended to exclude or limit any rights of the Buyer who is also a Consumer, which it is entitled to under the mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, priority is given to the above provisions.
§2. CONDITIONS FOR PLACING THE ORDER
  1. The Buyer shall be obliged to use the Online Store in a manner consistent with applicable law, principles of social coexistence and good manners, bearing in mind the respect of personal rights and intellectual property rights of third parties.
  2. The Online Store sells on the territory of the European Union with the exception of: islands belonging to Greece, islands belonging to Spain, islands belonging to Portugal, Malta and Cyprus
  3. The Buyer may choose one of the following ways of placing the Orders:
    1. placing the Orders by filling out the Order Form available on the Store's website,
    2. placing the Orders by email,
    3. placing the Orders by phone,
    4. placing the Orders by fax.
  4. All Products available in the Online Store are original, brand new (free from defects) and comply with applicable standards and requirements.
  5. Orders referred to in point 3 a), b) and d) of this paragraph can be placed 7 days a week, 24 hours a day (except for maintenance breaks, about which the Seller informs on the website of the Online Store).
  6. The Orders referred to in paragraph 3 c) of this Clause may be placed from Monday to Friday from9 am to 6 pm.
  7. In order to effectively place and implement the Order referred to in paragraph 3 a) of this Clause, the Buyer is asked to add the Product to the Cart, fill in the Order Form available on the Store's website and send it to the Online Store.
  8. For an effective placement and completion of the Order referred to in paragraph 3 b) of this Clause, the Buyer is asked to send to the address: shop@sharpieshop.eu an email about its intent to place the Order.
  9. For an effective placement and completion of the Order referred to in paragraph 3 c) of this Clause, the Buyer is requested to contact the Seller by phone at telephone number: +48 22 100 67 63.
  10. In order to effectively place and implement the Order referred to in paragraph 3 d) of this Clause, the Buyer is asked to send to the fax number +48 (22) 203 58 73 information about its intent to place the Order.
  11. The Orders placed on weekdays after 6 pm ,on Saturdays and Sundays, as well as, on public holidays, shall be considered on the next working day.
  12. In the case of Special Products, the Buyer shall be obliged to pay 100% of the value of the ordered Product before implementing the Order by the Seller.
  13. Confirmation of placement and acceptance of the Order for the implementationshall be sent to the Buyer by the Seller in the form of an email.
  14. The sale agreement is treated as concluded at the moment when the Seller confirms the placement and acceptance of the Order by an email, in the manner referred to in paragraph 13 of this Clause.
  15. Orders placed for implementation may be canceled by the Buyer who is also a Consumer until the Product is shipped. This shall not apply to the Orders for Special Products which the Seller started to implement prior to the cancellation of the Order.
  16. The Order implementation time (completing the Order and preparing it for shipment) isone working day (applies to theOrders paid for or cash on delivery Orders and only to the Products available in stock). In the case of Special Products made to order, the individual time of the Order implementation shall always be agreed with the Buyer, but usually it shall not exceed three working days.
  17. The time of implementation of the Order in pre-Christmas periods may be slightly extended, and the Seller shall each time inform the Buyer thereof. However, the time of the Order implementation in this period shall not exceed three business days, with the reservation that it applies to the Orders paid for or cash on delivery Orders and only to the Products available in stock.
  18. Special Products are made by the Seller based on the visualization made by the Seller or the Buyer. The Seller shall start the implementation of the Order after approval by the Buyer of the design prepared by means of a visualization and after the payment is received. Approval of the design occurs when the Buyer presses the "approve" button on the self-made design or when the visualization prepared by the Seller is accepted.
  19. The Buyer is informed about the unavailability of the Products, and therefore may agree to extend the time of implementation of the Order or cancel the ordered Product or the entire Order. If the Products are not available, the estimated time of implementation of the Order is determined individually with the Buyer.
  20. The Seller reserves the right to cancel the Order, if the Buyer, despite a call, did not complete within 7 days the deficiencies required for the effective implementation of the Order.
  21. In case of appearing on the Online Store website, before the Buyer completes the Purchase Form, information about Product unavailability, the Buyer can subscribe to receive a notification of Product availability at the place marked on the Online Store website with the Product presentation. The notification will be sent to the email address indicated by the Buyer in the enrollment for notification of availability. Signing up for an availability notification or receiving an availability notification does not imply Product reservation. The method of processing personal data in this regard is specified in the Privacy Policy published on the website of the Store.
§3. PAYMENTS
  1. The prices quoted in the Online Store are expressed in Euro or British Pounds and are gross prices, including all components, including VAT and customs duties. However, the prices, do not include any delivery costs which are indicated when placing the Order.
  2. The Buyer shall be informed of the total amount of the Order each time before placing the Order.
  3. Each Order is accompanied by a Proof of Purchase, which is sent in electronic form to the e-mail address provided by the Customer. On the special request of the Customer the document is sent in a paper form.
  4. The Buyer who is not a Consumer shall authorize the Seller to issue a VAT invoice without the recipient's signature, in order to implement the Order.
  5. The Buyer can choose one of the following payment methods for the ordered Products:
    1. payment by credit card - Visa, Mastercard, Maestro, American Express (only when picking up personally or via PayPal or PayU),
    2. online payment - PayPal or PayU,
  6. The choice of payment method shall be made by the Buyer when placing the Order.
  7. In case of choosing the method of payment referred to in paragraph 5 of this Clause, the Products shall be sent after obtaining a positive 100% authorization of the value of Order .
  8. If the method of payment referred to in paragraph 5 of this Clause is chosen, the Products shall be sent immediately, no later than 24 hours after placing the Order by the Buyer (applies to situations where the Product is available in stock and shall not apply to the Orders placed on Fridays, Saturdays, Sundays and public holidays).
  9. Online payments via the Online Store are operated via the PayPal and PayU platforms available at: https://www.paypal.com and https://www.payu.pl/en/commercial-offer PayU is a separate administrator of the personal data provided by the Customer in order to process the payment.
§4. DELIVERY
  1. The Buyer may choose the following methods of receipt of the ordered Products:
    1. delivery of the Products by the courier GLS company, to the address of the Buyer provided when placing the Order,
    2. delivery of the Products to the address of the Buyer provided when placing the Order by Post
  2. The choice of the delivery method shall be made by the Buyer when placing the Order.
  3. The delivery costs shall be borne by the Buyer.
  4. Delivery costs are calculated according to the current delivery price list and depend on the weight and size of the shipment. The Buyer will be informed about delivery costs when placing an Order. In the case of delivery outside the country, delivery costs are determined individually based on the estimated weight of the package and the country of destination.
  5. The Seller agrees to provide the Buyer with Products free from defects.
  6. The Buyer undertakes to collect the ordered Product.
§5. COMPLAINT
  1. The Seller recommends checking the shipment in the presence of a courier or an employee of the Post Office. Failure to check the shipment shall not stop any complaint procedure, however, if such verification is made, the complaint procedure shall be significantly improved.
  2. The above shall not apply to an entrepreneur within the meaning of Article 43 (1) of the Act of 23 April 1964 - Civil Code (Journal of Laws of 2014, paragraph 121, as amended), which shall be obliged to check the shipment in the presence of a courier or an employee of Poczta Polska.
  3. If it is found that the Product has a defect, the Buyer shall be obliged to inform the Seller thereof.
  4. The complaint should contain the Buyer's data, a description of the Product defect, the date of its emergence and the Buyer's request. In order to facilitate the complaint procedure, the Seller makes it available on the Online Store website.
  5. The complained Product must be accompanied by a Proof of Purchase or a copy thereof.
  6. The Buyer shall be obliged to return the complained Product.
  7. The complaints should be delivered to the following address:
    Grupa Sterion Sp. z o.o.
    al. Niepodległości 58v 02-626 Warsaw, Poland
    or by email to: shop@sharpieshop.eu
  8. If the data or information provided in the complaint needs to be supplemented the Seller, before dealing with the complaint, shall ask the person lodging the complaint to supplement it within the indicated scope.
  9. The Seller agrees to respond within 14 days to the complaint placed by the Buyer. No response from the Seller after the expiry of the term indicated in the previous sentence shall result in the complaint being considered justified. The 14-day period shall be calculated in accordance with Article 111 of the Act of 23 April 1964 - Civil Code (Journal of Laws of 2014, item 121 as amended).
  10. The Seller shall be liable under the warranty if the defect was found before the expiry of 2 years from the delivery of the Product to the Buyer. It does not apply to Entrepreneurs - Consumers, to whom the Seller is liable under the same rules as for consumers.
  11. The Seller's liability under the warranty, towards the Buyers being entrepreneurs within the meaning of Article 43 (1)of of the Act of 23 April 1964 - Civil Code (Journal of Laws of 2014, item 121 as amended). - shall be completely excluded.
  12. Slight differences in appearance resulting from the individual computer settings of the Buyer - especially the monitor -may not constitute sufficient grounds for a complaint regarding the purchased Product, in particular a Special Product, made on the basis of a visualization approved by the Buyer.
§6. GUARANTEE
  1. The Products offered in the Online Store shall be covered by the guarantee provided by the Manufacturer.
  2. The period of the guarantee granted for each Product sold shall be 24 months.
  3. The guarantee shall not exclude, limit or suspend the Buyer's rights under the Seller's responsibility for physical and legal defects of the Product to the extent specified by the Act of 23 April 1964 - Civil Code (Journal of Laws of 2014, item 121 as amended).
§7. WITHDRAWAL FROM THE AGREEMENT
  1. Buyer who is a Consumer or Entrepreneur - Consumer, has the right to withdraw from the remote contract, without giving any reason within 14 days (as specified in Article 33, Article 34 of the Consumer Law).
  2. The right to withdraw from the contract does not apply to the Buyer who is a Consumer or Entrepreneur - Consumer in the following cases:
  3. The Buyer, who is a Consumer, shall have the right to withdraw from the agreement concluded remotely, without giving a reason, within 14 days from the date of receipt of the Product.
  4. The above-mentioned right shall be not vested in the Buyer in the following cases:
    1. provision of services, if the Seller has fully provided the service with the express consent of the Buyer, who was informed before the service commencement, that after fulfilling the service by the Seller, it will lose the right to withdraw from the agreement,
    2. agreements for services for which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the agreement,
    3. agreements whose subject-matter is a non-prefabricated item, manufactured according to the Buyer's specification or serving to satisfy its individual needs (including, in particular, the Special Product),
    4. agreements whose subject of performance is an item which is subject to rapid deterioration or has a short shelf-life,
    5. agreements whose subject-matter is an item delivered in a sealed packaging, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if after delivery the packaging was opened by the Buyer,
    6. special agreements whose subject-matter includes items which after their delivery, due to their nature, are inseparably connected with other things,
    7. agreements whose subject-matter includes alcoholic beverages for which the price was agreed upon the conclusion of the sale agreement and delivery may take place only after 30 days, and their value depends on fluctuations in the market over which the Seller has no control,
    8. agreements where the Buyer expressly demanded that the Seller should come thereto for an urgent repair or maintenance. If the Seller provides additional services other than those whose performance was demanded by the Buyer, or supplies things other than spare parts necessary to perform the repair or maintenance - the right to withdraw from the agreement shall be vested in the Buyer with respect to additional services or items,
    9. agreements whose subject-matter includes the provision of sound or visual recordings or computer software delivered in a sealed package, if after its delivery the packaging was opened by the Buyer,
    10. delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
    11. agreements concluded through a public auction,
    12. agreements for the provision of accommodation services, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the date of the agreement is marked with the day or period of the service provision,
    13. agreements for the supply of digital content, not recorded on a tangible medium, if the performance began with the express consent of the Buyer before the deadline to withdraw from the agreement and after informing the Seller about the loss of the right to withdraw from the agreement.
  5. For effective withdrawal from the contract referred to in point 1 of this paragraph, it is sufficient to submit a written statement by the Buyer by e-mail or post to the address indicated in the Regulations, within the statutory time limit of 14 days from receipt of delivery. Specimen statement is attached as Attachment No. 1.
  6. The costs of shipping the returned Product shall be borne by the Buyer.
  7. The Buyer shall be liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
  8. The Seller indicates that the use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product is in particular the purchase of a fountain pen with a cartridge or ink, which is not possible to be performed in a stationary store.
  9. Seller guarantees the return of the Product price and shipping costs of the Product to the Buyer immediately, no later than within 14 days of receipt of notice of withdrawal from the contract.
  10. The Seller shall refund the payment using the same method of payment as used by the Buyer, unless the Buyer expressly agreed to a different method of refund, which does not entail additional costs therefore.
  11. In the event that the Buyer choses other than the cheapest ordinary way of delivery of the shipment offered by the Seller, the Seller shall not be obliged to refund the additional costs incurred by the Buyer.
  12. Returns of the Products upon withdrawal from the agreement, sent at the Seller's cost or cash on delivery, shall not be accepted.
  13. The provisions of this paragraph do not apply to Buyers who are not Consumers or Entrepreneurs - Consumers.
§8. PERSONAL DATA PROTECTION
  1. The Buyer, when completing the Order Form or Registration Form and creating an Account, is asked to consent to the processing of personal data by the Seller, in accordance with the Act of 29 August 1997 on the protection of personal data (Journal of Laws of 1997, No. 133, item 883).
  2. Personal data is processed by the Seller only for the purpose of providing the services referred to in §1 paragraph 4 of these Regulations.
  3. The Buyer's personal data will not be disclosed to other persons or institutions for marketing purposes, without obtaining its explicit consent.
  4. The Buyer shall have the opportunity to access personal data relating thereto in order to verify, modify or remove it from the Seller's database.
  5. Detailed information on the protection of the Buyer's personal data can be found in the Online Store Privacy Policy www.sharpieshop.eu.
§9. PROTECTION OF COPYRIGHT
  1. All photos of the Products and other materials (including texts, graphics, logos) placed on the Online Store website www.sharpieshop.eu are owned by the Seller or have been used thereby with the consent of third parties who have copyrights thereto.
  2. It is forbidden to copy pictures and other graphic materials as well as to use of reprinting of the texts posted on the Online Store website www.sharpieshop.eu, including their sharing on the Internet without a written consent of the Seller or other third party possessing copyright thereto.
  3. External entities are also not allowed to download photos from the Online Store website. Sharpieshop.eu and use them for marketing and commercial purposes.
  4. The use of the above-mentioned materials without the written consent of the Seller or other third party who is entitled to copyrights is unlawful and may constitute a basis for initiating civil and criminal proceedings against the perpetrators of this practice.
§10. FINAL PROVISIONS
  1. The Seller reserves the right to introduce restrictions on the use of the Online Store caused by its technical service, maintenance work or work on improving its functionality. At the same time, the Seller agrees to make every effort to ensure that those breaks are held during the night hours and last as short as possible.
  2. The Seller reserves the right to amend the Regulations. The amendments shall enter into force at the moment expressly indicated by the Seller, but not earlier than after 7 days from their publication. Orders placed before the entry into force of the amendments referred to in the previous sentence shall be performed in accordance with the rules in force at the time of their placement.
  3. Any disputes between the Parties shall be resolved first amicably or in the presence of an independent and impartial mediator. The Consumer may also use the out-of-court ways of dealing with complaints and claims. Wishing to use the possibility of amicable resolution of disputes relating to online shopping, the Consumer may also submit their complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
  5. In the absence of an amicable settlement of the dispute, including mediation, the jurisdiction of the Court shall be determined in accordance with the provisions generally applicable in the Republic of Poland.
  6. In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, in particular the Act of 23 April 1964 - the Civil Code (Journal of Laws of 2014, item 121, as amended) and the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014 item 827) and other applicable regulations.
  7. The regulations shall be valid from 25.05.2018.
§11. VerpackG
  1. Our Registration number in LUCID is: DE1447494982014-V
APPENDICES
  1. Appendix No. 1 - a document enabling withdrawal from the agreement referred to in §7
  2. Appendix No. 2 - a document enabling filing complaints referred to in §5
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