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Statute


AND GENERAL PROVISIONS


1.1. The Changes online store operating at www.vintage-candle.pl (hereinafter: the Store) is run by: CHANGES EWA POPOWSKA based in ElblÄ…g (seat address: ul. Browarna 31b, 82-300 ElblÄ…g, entered into the Register of Entrepreneurs of the National Court Register by the District Court in ElblÄ…g NIP: 5783052730; REGON: 387324725, hereinafter referred to as Vintage Candle.


Warehouse, shipment of goods as well as accepting returns and complaints are carried out by Vintage Candle from the address Szujskiego 9/5, 31-123 Krakow.


1.2. These regulations define the rules of using the Store, the conditions for placing orders for products available in the Store, the time and rules of order fulfillment, terms and forms of payment, the Customer's rights to cancel the order and withdraw from the contract, as well as the rules for submitting and considering complaints.
1.3. The store conducts retail sales via the website using means of distance communication. In order to use the Store, it is necessary to be 18 years old and:
having access to the Internet;
having an e-mail address;
installing the latest version of the web browser;
javascript enabled;
installing Flash Player plugin;
accepting cookies.
1.4. The customer is entitled and obliged to use the Store in accordance with its purpose and the principles of social coexistence and morality.
1.5. The Customer is obliged to refrain from any activity that could affect the proper functioning of the Store, including in particular any interference with the Store's content or its technical elements, and from providing illegal content. It is forbidden to use for purposes other than its intended use, including, in particular, sending spam, conducting any commercial, advertising, promotional, political activity, etc. on the Store's websites.
1.6. The Store, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions, in operation caused by force majeure, unlawful actions of third parties or the Store's incompatibility with the Customer's technical infrastructure.
1.7. Browsing the Store's assortment does not require registration and the Customer does not need to register for products in the Store's assortment.
 
1.8. The buyer, at the latest at the time of placing the order, is obliged to read the Regulations and by placing the order confirms that he has read them.


II. CONDITIONS AND TIME OF ORDER COMPLETION


2.1. All announcements, advertisements, price lists and other information posted on the Store's website do not constitute an offer within the meaning of the Civil Code, but an invitation to conclude a contract (Article 71 of the Act of February 17, 2016 Civil Code (Journal of Laws of 2016, item 380, as amended)
2.2. The customer places an order, indicating the products he is interested in, by selecting the "Add to cart" command on the product page, and then indicating the method of receipt and payment in the cart and order confirmation.
2.3. In the cart, the customer has the option to:
adding and removing products and their quantity;
indication of the address to which the subject of the order is to be delivered and the data necessary to issue an invoice;
choice of delivery method (InPost parcel lockers, courier);
choice of payment method (online transfer, payment by Visa, Visa Electron, MasterCard MasterCard Electronic, Maestro);
adding a discount code.
2.4. In the event of a justified suspicion that the Customer has provided false data, the Store has the right to withdraw from the order by notifying the Customer about it.
2.5. The shipment of the purchased physical goods is carried out within 3 business days, and this period is counted from the moment of confirming the payment on the Store's account.

2.6 The purchased physical goods are shipped in cardboard boxes that do not have any markings that might suggest the contents of the shipment and are sent by a neutral sender whose name is not related to the industry.
2.7. Electronic orders can be placed 24 hours a day throughout the year. Orders placed on Saturdays, Sundays and public holidays will be considered only on the next business day.
2.8. The store reserves the right to temporarily suspend its activities for the purpose of carrying out maintenance, development and modernization works.
2.9. If the Customer chooses the payment method in the form of intermediaries in the transaction (PayU service), failure to pay within 5 days of placing the order will result in the cancellation of the order. In such a situation, the customer can place the order again. The implementation of the order payable by bank transfer or credit card begins with the receipt of the payment for the goods.
2.10. In the event that the implementation of part of the order is not possible, the Store may propose to the Customer:
2.10.1. cancellation of the entire order (if the Customer selects this option, the Store will be released from the obligation to complete the order);
2.10.2. cancellation of the order in the part where the implementation is not possible within the prescribed period (if the Customer selects this option, the order will be completed in part, the Store will be released from the obligation to perform it in the remaining scope);
 
2.10.3. implementation of a replacement service, which will be confirmed with the Customer. An order based on a replacement service, after approval by the Customer, will be treated as final; 
2.10.4. division of the order and setting a new deadline for this part of the order, the implementation of which is not possible within the originally set deadline (if the customer chooses this option, the products will be sent in several separate shipments, and the customer will incur additional costs related to splitting the order into several shipments).
2.11. In the absence of the ordered product in the Store or the inability to fulfill the Customer's order for other reasons, the Store will inform the Customer about it by sending information to the e-mail address provided during registration within 7 (seven) days from the date of conclusion of the contract.
2.12. If the payment for the subject of the order, which could not be completed in full or in part, has been made in advance, the Store will refund the Customer the amount paid (or the difference) within 14 (fourteen) days from the date of sending the information, on the terms detailed in point IV of this Of the Regulations.
2.14. If the Customer provides incorrect or inaccurate data, including in particular an incorrect or inaccurate address, the Store shall not be liable for failure to deliver or delay in delivering the subject of the order to the fullest extent permitted by law.
2.15. The Store may publish information on the number of working days on the Store's website presenting a given product, i.e. days of the week from Monday to Friday, excluding public holidays, during which the shipment with the subject of the order will be dispatched. Above information is an approximate time counted from the moment the order is accepted for execution until the subject of the order is shipped to the customer, in the manner chosen by him. The order fulfillment time is given taking into account the date of completion of all ordered products.
2.16. Individual orders (on request) can be placed via the e-mail address of the Store, by phone or in the "On request" tab. In this case, the Store will make an approximate valuation and send it to the e-mail address provided by the customer.
 
2.17. The time of completing an individual order (on request) is 4 days, and in the case of materials that are difficult to access, it may be extended to the time necessary for the proper performance of the order.
2.18. The store serves customers in Europe.

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III PRODUCT PRICES AND SHIPPING COSTS


3.1. The prices posted next to the product offered by the Store do not include VAT and are given in the Polish currency.
3.2. The price given next to the product does not include shipping costs.
3.3. The Store reserves the right to change the prices of goods in the Store, introduce new goods for sale, carry out and cancel promotional campaigns, or introduce changes to them in accordance with the standards of the Civil Code and other laws, and such changes do not violate the rights of persons who concluded contracts. sale of goods offered by the Store before the above-mentioned changes or rights of persons entitled to use a given promotion, in accordance with its rules and during its duration.
3.4. Shipping costs are added to the sum of the ordered products and are borne by the customer.
3.5. If the Customer chooses the delivery option by "Paczkomaty InPost", the delivery of the Goods under this service will be performed by InPost Sp. z oo after the Customer accepts the regulations of "Paczkomaty 24/7" prepared and delivered by the service provider "Paczkomaty InPost", i.e. the company InPost Sp. z o. the process of approving the Customer's choice of the method of delivery of the Goods.
3.6. When collecting the parcel delivered by the courier, it is recommended that the customer checks the condition of the outer packaging of the parcel in his presence. In the event of damage to the package, the Customer is recommended that the Customer, together with the courier, draw up a damage report in two identical copies signed by the customer and the courier. Failure to follow the recommendations does not affect the possibility of submitting a complaint in the Store.
3.7. When collecting the parcel, the Customer should check the condition of the parcel and, in the event of any objections, select the option regarding the complaint and follow the instructions displayed. Failure to follow the recommendations does not affect the possibility of submitting a complaint in the Store.


IV ACCEPTABLE FORMS OF PAYMENT


4.1. Payment for the goods to be delivered can be made:
4.1.1. online with SumUp payment;
 
4.1.2. by transfer to the specified Store account.
4.2. The refund is made in the same form in which the payment was made by the customer, unless the customer has expressly agreed to a different method of return, which does not involve any costs for him.


V COMPLAINTS AND RETURNS


5.1 The customer has the right to withdraw from the concluded contract without giving any reason and incurring costs. The contract that has been withdrawn is considered void.
5.2 In the event of the intention to withdraw from the contract, the Customer shall submit a written statement of withdrawal from the contract and send it to the Store within 14 days from the date of delivery of the goods, and if the goods are delivered in parts, from the delivery of the last part. To meet the deadline, it is enough to send a statement before its expiry to the address of the Store or a scan of the signed statement to the e-mail address of the store ewa@changes.pl
5.3. In the case referred to in paragraph. 1, the customer is obliged to return the purchased goods immediately, not later than within 14 days from the date of withdrawal from the contract. To meet the deadline, it is sufficient to send the goods before its expiry. The costs of returning the goods are borne by the customer.
5.4. In the case referred to in paragraph. 2, the Store is obliged to provide the Customer with the amount paid for the goods covered by the return and the shipping costs paid, within no more than 14 days from the date of submitting the declaration of will to withdraw. However, if the Customer has chosen a method of delivering the goods to the order other than the cheapest method offered by the Store for a given order, the Store is not obliged to refund the additional costs incurred by the Customer.
5.5. The store will refund the payment using the same method as used by the customer, unless the customer agrees with the store on a different method of return that does not involve any costs for him. The store withholds the reimbursement of payments received from the customer until the goods are returned or the customer provides proof of its return, whichever comes first. The store will also correct the previously provided proofs of purchase (VAT correcting invoice or corrective specification).
5.6 If the Customer sent a declaration of withdrawal from the contract before receiving the confirmation of the order, the order is canceled.
5.7. The customer is responsible for the decrease in the value of the goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and properties of the goods.
5.8. The above provisions do not apply to individual orders (on request) described in § 2 sec. 16, and to the products indicated in Annex 1 to these Regulations (list of non-returnable products), which pursuant to Art. 38 of the Act on consumer rights are not refundable -
  The right to withdraw from a contract concluded outside the business premises or at a distance is not available to the consumer in relation to contracts:
in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs,
in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery.
5.9. The customer has the right to make a complaint in the event of non-compliance of the goods with the contract. The customer submits a complaint in this respect in writing or by e-mail within 2 years from the date of delivery of the goods to him. The correspondence address and e-mail address are specified in § 1 para. 1 and § 5 sec. 2. The complaint may include one of the following demands: price reduction, defect removal, replacement of the product with a product free from defects or a declaration of withdrawal from the contract.
5.10. The store may request supplementing the complaint by sending a copy or scan of the proof of purchase (e.g. VAT invoice or specification) to the address indicated in the request to supplement the complaint, the packaging of the parcel in which the advertised goods have arrived or the goods which are the subject of the complaint. The complaint will be considered within 14 days from the date of its submission, if it is complete, or supplemented, if required. The goods are delivered to the Seller under the conditions set out in this paragraph at the expense of the Store.
5.11. If the complaint is considered justified, the Store immediately informs the Customer about it and, depending on the request, reduce the price or
  sends the customer a full-fledged product, and in the absence of such a possibility, returns the amount due to the customer by postal order to the address provided or by transfer to the account. The Store issues the Customer with an appropriate correction of the proof of purchase (VAT correcting invoice or corrective specification).
5.12. The use of a specific method of out-of-court dispute resolution is possible only with the mutual consent of the Customer and the Store. Detailed procedures for out-of-court dispute resolution between the Customer and the Store are available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl, on the websites of Provincial Inspectorates of Trade Inspection, as well as at district (municipal) consumer ombudsmen.
5.13. To the extent not regulated in these Regulations, the provisions of the Civil Code, in particular the provisions on warranty on sale, shall apply to the rights and obligations of the Customer and the Store in the event of a defect in the goods.


VI "COOKIES"


6.1. The store does not automatically collect any information, except for information contained in cookies.
6.2. Cookie files (so-called "cookies") are IT data, small pieces of information sent by the website and stored on the Customer's end device (computer, laptop, smartphone) necessary for the proper functioning of the website or functionalities that the Customer wants to use. These files contain various information necessary for the proper functioning of the website, usually the name of the website, their personalization and login information.
6.3. The Store uses cookies to adapt the content of the Store's websites to the Customer's preferences and to optimize the use of websites. They make it possible to recognize the Customer's device and display a website tailored to his individual preferences, as well as to create statistics that will help understand how the Customer uses the Store and thus improve the structure and content of the Store.
6.4. The store divides the stored cookies according to the time they are stored in the customer's end device and distinguishes between:
1. Temporary cookies (session cookies) - used only during the current client's session and deleted after its closing.
2. Persistent cookies - they are not deleted after closing the current session and are stored on the client's computer for a specified period of time or without the validity period, depending on the individual settings of the website owner.
6.5. The customer may at any time delete cookies on his computer. The Store informs that the removal, exclusion or limitation may affect the proper functioning of the Store or some of its components.
6.6. The store also distinguishes cookies as follows:
1. Functional - enabling proper use of the Store,
2. Serving safety - enabling safe use of the Store's functionalities,
3. Authentication - enabling the maintenance of the so-called Customer login session,
4. Advertising - enabling the display of personalized advertisements,
5. Configuration - enabling the configuration of the Store's function and service settings.
6.7. Detailed information on the possibilities and methods of handling cookies is available in the software (web browser) settings
6.8. Cookies placed on the end device of the Store's Customer may also be used by advertisers and partners cooperating with the Store's operator.

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VII. RETURNS OF RECEIVABLES


7.1. The store will refund the payment within 14 calendar days using the same payment methods that were used by the customer in the original transaction, in the case of:
7.1.1. cancellation of the order or part of the order (in which case the appropriate part of the price will be refunded) paid in advance before its implementation;
 
7.1.2. return of the product (withdrawal from the contract) from the order, which was delivered via Poczta Polska or a courier company; 
7.1.3. accepting the complaint and inability to repair the damaged product or replace it with a new one; 
7.1.4. recognition of the right to demand a reduction in the price of the product.
7.2. The store will refund the money to the Customer's bank account (including that associated with the Customer's credit or payment card) or by postal order (the customer bears the cost of the transfer) - if the order was paid:
7.2.1. in advance by bank transfer or credit card;
 
7.2.2. upon collection at the courier, in a parcel locker or at the post office.


VIII NEWSLETTER


8.1. The customer may consent to receive commercial information, including commercial information, by electronic means by selecting the appropriate option in the registration form or via the website. If such consent is given, the Customer will receive the Store's newsletter (Newsletter) to the e-mail address provided by him.
8.2. The customer may unsubscribe from the newsletter at any time by himself by submitting a request to the data administrator or by clicking on the deactivation link included in each newsletter message.


IX. FINAL PROVISIONS


9.1. The owner informs and the customer acknowledges that the use of the Internet may be associated with the risk of damage that the customer may suffer as a result of threats on the Internet, in particular hacking into the customer's IT system, taking over passwords by third parties, infection the Customer's IT system with viruses.


9.2. To the fullest extent permitted by law, the Store is not responsible for blocking by mail server administrators sending messages to the e-mail address provided by the Customer and for removing and blocking e-mail by software installed on the computer used by the Customer.


9.3. Differences between the visualization of the product resulting from the individual settings of the Customer's computer (color, proportions, etc.) and the actual appearance of the product cannot be the basis for the complaint. In such a case, the customer has the right to withdraw from the contract in accordance with the provisions of point V of these Regulations.


9.4. The owner informs that all trademarks (logos, logos, brand names, etc.) posted on the Store's website, graphic materials, photos are subject to legal protection and are used by the Store only for information purposes.


9.5. All names of products offered for sale by the Store are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law Act.


9.6. The owner points out that the Store contains content protected by intellectual property law, in particular works protected by copyright (content posted in the Store, layout, graphics, photos, etc.). Customers and visitors to the Store undertake to comply with intellectual property rights (including proprietary copyrights and industrial property rights, such as rights resulting from the registration of trademarks) of the Owner and third parties. The Store's customer or the person visiting the Store's website is solely responsible for non-compliance with the provisions of this point.


9.7. Customers may not post content that is inconsistent with applicable law, immoral and violating the good of third parties, as well as customers are prohibited from publishing links to pornographic, obscene or insulting the dignity of other people.


9.8. The Store undertakes to inform the registered users of the Store about each change in the regulations by sending them an e-mail to the e-mail addresses provided during registration, and the Customer, after receiving such information, will be able to delete his account at any time.


9.9. In matters not covered by the Regulations, the applicable provisions of Polish law shall apply, including in particular the Civil Code, the Act on special conditions of consumer sale and amendment of the Civil Code, as well as the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product.


9.10. These Regulations are valid from: October 13, 2020

Communication on out-of-court dispute resolution

Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on ODR in consumer disputes), Fundacja Rozwoju PrzedsiÄ™biorczoÅ›ci "Twój Startup" based in Warsaw hereby provides an electronic link to the online dispute resolution platform: https://webgate.ec.europa.eu/odr. The ODR platform enables out-of-court settlement of disputes between entrepreneurs and consumers. Settlement of disputes by this method is voluntary.

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