§ 1 Definitions

§ 2 Contact with the Seller

§ 3 Technical requirements

§ 4 Shopping in the Store

§ 5 Payments

§ 6 Order execution

§ 7 Right to withdraw from the contract

§ 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

Working days - days from Monday to Friday, excluding public holidays.

Account - a free function of the Store (service provided electronically) regulated by separate regulations, thanks to which the Buyer can set up his individual Account in the Store.

Consumer - a Consumer within the meaning of the Civil Code.

Buyer - any entity purchasing from the Store.

Regulations - these Regulations.

Store - SCHIELE online store operated by the Seller at the following address https://schiele.pl.

Seller - entrepreneur conducting business activity under the name SCHIELE, MAGDALENA MAŁGORZATA SCHIELE, registered in the Central Register and Information on Business Activity conducted by the Minister of Development and Finance, NIP 8321884455, REGON 731621779, Miedziana 3A/9 Street, 00-814 Warsaw.

§ 2 CONTACTING THE SELLER

Postal address: 3A/9 Miedziana St., 00-814 Warsaw

Email address: biuro@schiele.pl

Phone: +48 530 886 666

§ 3 TECHNICAL REQUIREMENTS

For the proper functioning of the Store you need:

• Device with internet access
• Web browser that supports JavaScript and cookies

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

§ 4 SHOPPING IN THE STORE

The prices of goods shown in the Store are the total prices for the goods, including VAT.

The Seller indicates that the total price of the order consists of the price for the goods and, where applicable, the delivery costs of the goods indicated in the Store.

The selected product should be added to the shopping cart in the Store.

The buyer then chooses from the methods of delivery of goods available in the Store and the method of payment for the order, as well as provides the data necessary to complete the order.

The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.

Placing an order is tantamount to the conclusion of a sales contract between the Buyer and the Seller.

The Seller shall provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium no later than at the time of delivery of the goods.

Buyers can register with the Store, i.e. create an Account, or make purchases without registration, providing their data for each possible order.

§ 5 PAYMENTS

The order can be paid for, depending on the Buyer's choice:

• By wire transfer directly to the Seller's bank account.
• The online payment service provider for card payments is Autopay S.A.
  

  • Available forms of payment:

    • Payment cards:

      • Visa
      • Visa Electron
      • Mastercard
      • MasterCard Electronic
      • Maestro
• Through a payment platform:
  • Shoper Payments
  • DotPay
• Cash on delivery, i.e. by card or cash at the time of delivery of goods to the Buyer.
• Cash on personal receipt of goods.

If you choose to pay via the Shoper Payments platform, the online payment service provider is Blue Media S.A.

If the buyer chooses to pay in advance, the order must be paid within 7 business days of placing the order.

The seller informs that in the case of some payment methods, due to their specificity, it is possible to pay for the order only directly after placing it.

§ 6 ORDER EXECUTION

The seller is obliged to deliver goods without defects.

The lead time of the order is indicated in the Store.

If the Buyer has chosen to pay in advance for the order, the Seller shall proceed to process the order after payment.

In a situation where the Buyer has purchased goods with different lead times within one order, the order will be fulfilled within the timeframe appropriate for the goods with the longest lead time.

Goods purchased from the Store are delivered depending on the delivery method selected by the Buyer:

• By courier service
• Through the Polish Postal Service
• To InPost parcel machines

The buyer can pick up the goods in person at the company's headquarters during opening hours.

If the Buyer chooses to pick up the goods in person, the goods will be ready for pickup on the indicated order completion date, and if the Seller has indicated a shipping date for the goods - within this period.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

The consumer has the right to withdraw from the contract concluded with the Seller by the Store, subject to § 8 of the Regulations, within 14 days without giving any reason, if the product is not personalized.

The withdrawal period expires after 14 days from the date:

• In which the Consumer took possession of the goods or in which a third party other than the carrier and designated by the Consumer took possession of the goods.
• In which the Consumer took possession of the last item or in which a third party other than the carrier and indicated by the Consumer took possession of the last item in the case of a contract obliging the transfer of ownership of multiple items that are delivered separately.

To exercise the right of withdrawal, the Consumer must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by mail, information provided by e-mail).

The consumer may use the model withdrawal form at the end of the Terms and Conditions, but it is not mandatory.

In order to comply with the deadline for withdrawal, it is sufficient for the Consumer to send information on the exercise of his right of withdrawal before the expiry of the deadline for withdrawal.

CONSEQUENCES OF WITHDRAWAL

In the case of withdrawal from the concluded contract, the Seller shall return to the Consumer all payments received from him, including the cost of delivery of goods (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method 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.

The Seller shall refund the payment using the same means of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution; in any case, the Consumer shall not pay any fees in connection with this refund.

The Seller may withhold reimbursement until it receives the goods back or the Consumer provides proof of their return, whichever event occurs first.

The Seller asks you to return the goods to the address: Miedziana 3A/9 Street, 00-814 Warsaw immediately, and in any case no later than 14 days from the day on which the Consumer informed the Seller about withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.

The consumer shall bear the direct costs of returning the goods.

The consumer is liable only for any diminution in the value of the goods resulting from the use of the goods other than what would be necessary to ascertain the nature, characteristics and functioning of the goods.

If, due to its nature, the goods cannot be sent back in the usual way by mail, the Consumer will also have to bear the direct costs of returning the goods. The Consumer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.

Consumers cannot return or exchange custom-made goods (all personalized products).

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The consumer does not have the right to withdraw from a contract concluded at a distance with respect to the contract:

• In which the subject of performance is a non-refabricated item, manufactured to the Consumer's specifications or serving to meet his individualized needs.
• In which the object of performance is an item that is perishable or has a short shelf life.
• In which the object of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery.
• In which the object of performance is things that, after delivery, by their nature, become inseparably connected with other things.
• In which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery.
• For the delivery of daily newspapers, periodicals or magazines, except for a subscription contract.
• In 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.
• For the delivery of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal and after the trader has informed the consumer of the loss of the right to withdraw from the contract.

§ 9 COMPLAINTS

In the event of a defect in the goods, the Buyer has the right to make a complaint about the defective goods on the basis of the warranty or guarantee provided for in the Civil Code, if the guarantee was granted.

Using the warranty, the Buyer may, under the conditions and within the time limits specified in the Civil Code:

• Make a statement on price reduction
• In the case of a material defect - make a declaration of withdrawal from the contract
• Demand that the item be replaced with a defect-free one
• Demand removal of the defect

The Seller requests that complaints on the basis of 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 advertised goods to the Seller, the Buyer is obliged to deliver these goods, in the case of a Consumer at the expense of the Seller, to the address Miedziana 3A/9 Street, 00-814 Warsaw.

If an additional warranty is provided for the goods, the information about it, as well as its terms, can be found in the description of the product in the Store.

Complaints about the functioning of the Store should be addressed to the e-mail address indicated in § 2 of the Regulations.

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

OUT-OF-COURT COMPLAINT PROCEDURE AND AVENUES OF APPEAL

In the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things:

• Mediation conducted by the relevant Provincial Trade Inspectorate, to which a request for mediation should be submitted. This procedure is generally free of charge. A list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
• The assistance of the competent permanent amicable consumer court operating at the Provincial Trade Inspectorate, to which a request for consideration of the case before the amicable court should be submitted. This procedure is generally free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
• Free assistance from the city or county consumer ombudsman.
• ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

The Seller is the administrator of the personal data provided by the Buyer when using the Store.

The Buyer's personal data is processed on the basis of the contract and for the purpose of its execution, in accordance with the principles set forth in the General Data Protection Regulation (GDPR) of the European Parliament and the Council (EU). Detailed information on data processing by the Seller is contained in the privacy policy posted on the Store.

§ 11 RESERVATIONS

The buyer is prohibited from providing illegal content.

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

Contracts concluded on the basis of these Regulations shall be concluded in the Polish language.

Nothing in these Terms and Conditions excludes or in any way limits the rights of the Consumer under the law.

§ 12 PROVISIONS FOR BUYERS WHO ARE NOT CONSUMERS

The right to withdraw from a contract concluded at a distance does not apply to an entity other than the Consumer.

The Seller's liability to the Buyer, who is not a Consumer, is limited to the amount of the price of the order placed by the Buyer and paid to the Seller.

The Seller's liability under the warranty to the Buyer, who is not a Consumer, is limited to one year from the date of delivery of the goods to the Buyer.

In case of a possible dispute with a Buyer who is not a Consumer, the competent court will have jurisdiction over the registered office of the Seller.

Appendix 1 to the Regulations

Below is a sample withdrawal form, which the Consumer may or may not use:

MODEL WITHDRAWAL FORM

(This form must be completed and returned only if you wish to cancel the contract)

SCHIELE, MAGDALENA SCHIELE 3A/9 Miedziana St., 00-814 Warsaw e-mail address: biuro@schiele.pl

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

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

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

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

- Date received .................................................

- Name of consumer(s) .................................................................

- Address of consumer(s) .................................................

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

................................................................................................................. Signature of consumer(s)

(only if the form is sent in paper form)

Date ............................................

(*) Delete as necessary.