TERMS AND CONDITIONS OF THE SCHIELE ONLINE SHOP

Defines, m.in, the rules for concluding sales contracts through the store, containing the most important information about the Seller, the store and the rights of the Consumer.

CONTENTS § 1 Definitions§

2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Shop
§ 5 Payments
§ 6 Order processing
§ 7 Right of withdrawal

8 Exceptions to the right of withdrawal

§ 9 Complaints

§ 10 Personal data

§ 11 Reservations

§ 12 Provisions concerning Buyers who are not Consumers

Appendix 1: Model withdrawal form

§ 1 DEFINITIONS

Business days – days from Monday to Friday, except for public holidays.
Account – a free function of the Shop  (a service provided electronically) regulated by separate regulations, thanks to which the Buyer can set up his/her individual Account in the Shop.
Consumer  – Consumer within the meaning of the provisions of the Civil Code.
Buyer  – any entity Buyer in the Store.Terms
and Conditions – these Terms and Conditions.
Shop – SCHIELE online store run by the Seller at https://schiele.pl.
Seller – MAGDALENA MAŁGORZATA SCHIELE,  entrepreneur conducting business activity under the name SCHIELE, MAGDALENA SCHIELE, entered into the Central Registration and Information on Economic Activity kept by the Minister of Development and Finance, NIP 8321884455, REGON 731621779, 3A/9 Miedziana Street, 00-814 Warsaw.

• § 2 CONTACT WITH THE SELLER

1. Postal address: 3A/9 Miedziana Street, 00-814 Warsaw
2. E-mail address: biuro@schiele.pl
3. Phone: +48 530 886 666

• § 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store, you need:
   • A device with internet access
   • A web browser that supports JavaScript and cookies.
2. In order to place an order in the Store, in addition to the requirements set out in paragraph 1, an active e-mail account is required.

• § 4 PURCHASES IN THE STORE

1. The prices of the goods shown in the Store are the total prices for the goods, including VAT.
2. The Seller points out that the total price of the order consists of the price for the goods and, if applicable, the delivery costs of the goods indicated in the Store.
3. The selected product must be added to the shopping cart in the Store.
4. Next, the Buyer chooses from the methods of delivery of the goods and the method of payment for the order from those available in the Store, as well as provides the data necessary to complete the order.
5. An order is placed at the moment of confirmation of its content and acceptance of the Terms and Conditions by the Buyer.
6. Placing an order is tantamount to concluding a sales contract between the Buyer and the Seller.
7. The Seller shall provide the Consumer with a confirmation of the conclusion of the sales contract on a durable medium at the latest at the time of delivery of the goods.
8. The Buyer may register in the Store, i.e. create an Account there, or make purchases without registration by providing their data with each possible order.

• § 5 PAYMENTS

1. You can pay for your order, depending on the Buyer’s choice:
   1. By a simple transfer to the Seller’s bank account.
   2. The entity providing online payment services in the field of card payments is Autopay S.A.
      1. Available payment methods:
         1. Credit cards:
            • • Visa
              • Visa Electron
              • Mastercard
              • MasterCard Electronic
              • Maestro
   3. Through the payment platform:
      • Shoper Payments
      • DotPay
   4. Cash on delivery, i.e. by card or cash at the time of delivery of the goods to the Buyer.
   5. In cash at the time of personal collection of the goods.
2. If you choose to pay via the Shoper Payments payment platform, Blue Media S.A. is the entity providing online payment processing.
3. If the Buyer chooses to pay in advance, the order must be paid within 7 Business Days of placing the order.
4. The seller informs that in the case of some payment methods, due to their specificity, it is only possible to pay for the order using this method directly after placing the order.

• § 6 EXECUTION OF THE ORDER

1. The seller is obliged to deliver the goods without defects.
2. The deadline for completing the order is indicated in the Store.
3. In the event that the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order once it has been paid.
4. In a situation where the Buyer has purchased goods with different lead times within one order, the order will be executed within the time appropriate for the goods with the longest lead time.
5. Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:
   1. Via courier service
   2. Via Polish Post
   3. To InPost parcel lockers
6. The buyer can pick up the goods in person at the company’s headquarters during its opening hours.
7. If the Buyer chooses to collect the goods in person, the goods will be ready for collection on the indicated date of order processing, and if the Seller has indicated the date of sending the goods – within this period.

• § 7 RIGHT OF WITHDRAWAL

1. The Consumer has the right to withdraw from the agreement concluded with the Seller through the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason, if the product is not personalized.
2. The deadline for withdrawal from the agreement expires after 14 days from the date of:
   1. In which the Consumer came into possession of the goods or in which a third party other than the carrier and indicated by the Consumer took possession of the goods.
   2. In which the Consumer has taken possession of the last item or in which a third party, other than the carrier and indicated by the Consumer, has taken possession of the last item in the case of a contract obliging the transfer of ownership of many items that are delivered separately.
3. In order for the Consumer to exercise the right to withdraw from the contract, he/she must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of his/her decision to withdraw from the agreement by means of an unambiguous statement (e.g. a letter sent by post or information provided by e-mail).
4. The consumer may use the model withdrawal form at the end of the Terms and Conditions, but it is not mandatory.
5. In order to comply with the deadline for withdrawal from the agreement, it is sufficient for the Consumer to send information on the exercise of his right to withdraw from the agreement before the expiry of the withdrawal period.CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT
6. In the event of withdrawal from the concluded agreement, the Seller shall reimburse the Consumer for all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the Consumer’s decision to exercise the right to withdraw from the contract.
7. The Seller will refund the payment using the same payment methods used by the Consumer in the original transaction, unless the Consumer agrees otherwise, in which case the Consumer will not incur any fees in connection with this refund.
8. The seller may withhold payment until the goods are received or until proof of return is provided to the seller, whichever occurs first.
9. The Seller asks you to return the goods to the following address: Miedziana 3A/9, 00-814 Warsaw immediately, and in any case no later than 14 days from the date on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.
10. The consumer bears the direct costs of returning the goods.
11. The consumer is liable only for any reduction in the value of the goods resulting from the use of the goods in a manner other than that necessary to ascertain the nature, characteristics and functioning of the goods.
12. If, due to their nature, the goods cannot be sent back in the usual way by post, the consumer will also have to bear the direct costs of returning the goods. The Consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.
13. The consumer cannot return or exchange custom-made goods (all personalised products)

• § 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The Consumer does not have the right to withdraw from a distance contract in relation to the contract:
   1. In which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to meet his individualized needs.
   2. In which the subject of the service is an item that is perishable quickly or has a short shelf life.
   3. 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 has been opened after delivery.
   4. In which the object of the service is things which, after delivery, by their nature, are inseparably connected with other things.
   5. In which 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.
   6. To provide newspapers, periodicals or periodicals, except for a subscription contract.
   7. In which the price or remuneration depends on fluctuations in the financial market over which the trader has no control and which may occur before the expiry of the withdrawal period.
   8. For the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right to withdraw from the contract.

• § 9 COMPLAINTS

1. In the event of a defect in the goods, the Buyer has the right to complain about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, if the guarantee has been granted.
2. By using the warranty, the Buyer may, on the terms and within the time limits specified in the Civil Code:
   1. Make a price reduction statement
   2. In the case of a material defect – submit a statement of withdrawal from the contract
   3. Demand that the item be replaced with a defect-free one
   4. Request removal of the defect
3. The Seller asks for a complaint on the basis of the warranty to the postal or electronic address indicated in § 2 of the Terms and Conditions.
4. If it turns out that in order to consider the complaint it is necessary to deliver the complained goods to the Seller, the Buyer is obliged to deliver the goods, in the case of the Consumer at the Seller’s expense, to the address Miedziana 3A/9, 00-814 Warsaw.
5. If an additional warranty has been granted for the goods, information about it, as well as its conditions, is available in the product description in the Store.
6. Complaints regarding the operation of the Shop should be sent to the e-mail address indicated in § 2 of the Terms and Conditions.
7. The complaint will be considered by the Seller within 14 days.OUT-OF-COURT COMPLAINT HANDLING AND REDRESS PROCEDURES
8. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, m.in. the following:
   1. Mediation conducted by the Provincial Inspectorate of Trade Inspection with jurisdiction, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
   2. 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 procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
   3. Free assistance from the municipal or district consumer ombudsman.
   4. The ODR online platform available at: http://ec.europa.eu/consumers/odr/.

• § 10 PERSONAL DATA

1. The Seller is the administrator of the personal data provided by the Buyer when using the Store.
2. The Buyer’s personal data is processed on the basis of a contract and for the purpose of its performance, in accordance with the principles set out in the General Data Protection Regulation (GDPR) of the European Parliament and of the Council (EU). Detailed information on the processing of data by the Seller is contained in the privacy policy posted in the Store.

• § 11 RESERVATIONS

1. It is forbidden for the Buyer to provide illegal content.
2. Each order placed in the Store constitutes a separate sales contract and requires a separate acceptance of the terms and conditions. The contract is concluded on time and in order to fulfill the order.
3. Agreements concluded on the basis of these regulations are concluded in the Polish language.
4. None of the provisions of these Terms and Conditions excludes or in any way limits the Consumer’s rights under the law.

• § 12 PROVISIONS FOR BUYERS WHO ARE NOT CONSUMERS

1. The right to withdraw from a distance contract is not vested in an entity other than the Consumer.
2. Any liability of the Seller to the Buyer who is not a Consumer is limited to the amount of the order placed by the Buyer.
3. The Seller’s liability under the warranty towards the Buyer who is not a Buyer is limited to one year from the delivery of the goods to the Buyer.
4. In the event of a possible dispute with a Buyer who is not a Consumer, the competent court shall be the court competent for the Seller’s registered office.

Appendix no. 1 to the Terms and Conditions
Below is a model withdrawal form that the Consumer may or may not use:

MODEL WITHDRAWAL FORM
(THIS FORM SHOULD BE COMPLETED AND RETURNED ONLY IF YOU WISH TO WITHDRAW FROM THE CONTRACT)

SCHIELE, MAGDALENA SCHIELEul. Miedziana 3A/9,00-814 Warsawe-mail address: biuro@schiele.pl

–I………………………………………………………………. I hereby give notice of my withdrawal from the contract of sale of the following items:

…………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………

– Date of receipt ………………………………………….

– Name and surname of the Consumer(s) ………………………………………………………..

– Address of the consumer(s) ………………………………………….

…………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………. Consumer’s signature
(only if the form is sent in paper form)

Date……………………………………..

(*) Delete as appropriate.