Store Regulations

• GENERAL PROVISIONS.
• ELECTRONIC SERVICES IN THE ONLINE STORE
• TERMS AND CONDITIONS FOR ENTERING INTO A SALES CONTRACT.
• METHODS AND TERMS OF PAYMENT FOR THE PRODUCT.
• THE COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT.
• PRODUCT COMPLAINT.
• OUT-OF-COURT WAYS OF HANDLING COMPLAINTS AND CLAIMS, AND THE RULES OF ACCESS TO THESE PROCEDURES.
• THE RIGHT TO WITHDRAW FROM THE CONTRACT.
• DATA PROTECTION.
• TERMINATION OF THE SERVICE CONTRACT AND AMENDMENT OF THE REGULATIONS.
• PROVISIONS FOR NON-CONSUMER CUSTOMERS.
• LICENSE.
• FINAL PROVISIONS.

Attachments:

1. model form for withdrawal from a contract concluded at a distance

FeelMyPaint online store cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contract provisions less favorable to the Consumer than the provisions of the Consumer Rights Act shall be null and void, and the provisions of the Consumer Rights Act shall apply instead. The provisions of these Regulations do not exclude or limit any of the rights of Consumers under the mandatory provisions of law, and any doubts should be interpreted in favor of the Consumer. In the event of any unintentional inconsistency between the provisions of these Terms and Conditions and the aforementioned regulations, these regulations shall prevail and the Seller shall apply them.

1. GENERAL PROVISIONS

   1. The online store available at the internet address https://shop.feelmypaint.com is run by FeelMyPaint sp. z o.o., address: Zagłoby 2F Kraków 31-980, address for delivery Zagłoby 2F Kraków 31-980, registration data: Commercial law company: entered in the register of entrepreneurs by the REJONOWY SĄD DLA KRAKOWA ŚRÓDMIEŚCIA W KRAKOWIE, XI WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO pod numerem KRS 0000986928. Share capital in the amount of 6000 PLN., NIP 6783199623, REGON: 522825535, e-mail address: info@feelmypaint.com.
   2. The use of the Online Store requires that the end device and data communications system used by the Customer meet the Technical Requirements.
   3. The Terms and Conditions are addressed to both Consumer and non-Consumer Customers using the Online Store, Electronic Services or entering into Sales Agreements (with the exception of point XI of the Terms and Conditions, which is addressed exclusively to non-Consumer Customers).
   4. Acceptance of the Terms and Conditions is voluntary, but necessary in order to create an Account and/or for the Customer to place an Order.
   5. Information presented in the Online Store constitutes an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code, directed by the Seller to Customers, and not an offer within the meaning of the Civil Code.
   6. Whenever the following capitalized phrases are used in the following section of the Regulations, they shall be understood in the sense given below, unless the context of their use clearly indicates otherwise:
      • PRICE – the amount of gross remuneration (including tax) due to the Seller for transferring the ownership of the Product to the Customer in accordance with the Sales Agreement, specified in Polish zlotys or in another currency. The price does not include delivery costs, unless the terms and conditions of the Promotion applied by the Online Store state otherwise.
      • WORKING DAY – one day from Monday to Friday excluding public holidays.
      • PASSWORD – a string of alphanumeric characters necessary for authorization when accessing the Account, specified by the Customer when creating the Account. The Customer is obliged to keep the Password confidential (not to disclose it to any third party). The Seller provides the Customer with multiple opportunities to change the Password.
      • CUSTOMER- (1) a natural person; or acting through an authorized person (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; having full legal capacity. If the Customer is a natural person with limited legal capacity, he/she undertakes to obtain the legally effective consent of his/her statutory representative to conclude a Service Agreement/Sales Agreement and to present such consent at any request of the Seller, while, as a rule, Sales Agreements concluded within the framework of the Online Store have the nature of agreements commonly concluded for minor day-to-day matters.
      • CIVIL CODE – the Civil Code Act of April 23, 1964. (Journal of Laws 2014, item 121 as amended).
      • CONSUMER – a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
      • ACCOUNT – Electronic Service, marked with an individual name (Login) and Password provided by the Customer, a set of resources in the Seller’s ICT system, allowing the Customer to use additional functionalities/services. The Customer accesses the Account using the Login and Password. The customer logs into his Account after registering with the Online Store. The Account allows saving and storing information about the Customer’s address data for shipment of Products, tracking the status of the Order, access to the Order history and other services provided by the Seller.
      • CART – a service made available to each Customer who uses the Online Store, consisting of enabling him/her to place an Order for one or more Products, to enter discount codes allowing reduction of the Price under the terms of separate agreements/regulations, to display a summary of the Price of individual Products and all Products together (including possible shipping costs), to display the expected delivery date of the Products. The shopping cart collects offers made by the Customer to conclude a Sales Agreement, i.e. More than one offer to conclude a Sales Agreement may be made under a single Order.
      • LOGIN – the Customer’s e-mail address provided within the Online Store when creating an Account.
      • NEWSLETTER – Electronic Service, which allows all Customers using it to receive periodic information from the Seller, in particular about Products, the Online Store, including news and promotions, to the e-mail address or telephone number provided by the Customer, with the express consent of the Customer. The rules for the provision of Newsletter services by the Seller are defined by separate regulations made available within the Online Store.
      • PRODUCT – a movable item available in the Online Store, which is the subject of a Sales Contract between the Customer and the Seller, against payment of the Price. All Products presented in the Online Store are brand new.
      • PROMOTIONS – special conditions of sale or provision of services, regulated on the terms expressed within the Online Store, offered by the Seller at a certain time, which the Customer may take advantage of under the terms specified therein, such as a reduction in price or shipping costs.
      • TERMS AND CONDITIONS/SERVICE AGREEMENT – this document defining the rules of concluding Sales Agreements and the rules of providing and using the services made available by the Seller via the Online Store to the Customers. The Regulations define the rights and obligations of the Customer and the Seller. With respect to services provided electronically, these Regulations are the regulations referred to in Art. 8 of the Law of July 18, 2002. On provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended).
      • INTERNET SHOP – a platform enabling placing of Orders by the Customer and provision of services made available by the Seller, run by the Seller, constituting a set of interconnected websites, available at the following Internet address: shop.FeelMyPaint.com
      • SELLER – FeelMyPaint sp. z o.o., address: ul. Zagłoby 2F Kraków 31-980, NIP 6783199623, REGON522825535, e-mail address: info@feelmypaint.com.
      • CONTENT/Content – textual, graphic or multimedia elements (e.g. information about Products, photos of Products, promotional videos, descriptions, comments) including works within the meaning of the Act on Copyright and Related Rights and images of natural persons, which are distributed within the scope of the Internet Store by the Seller, the Seller’s contractors, the Customer or any other person using the Internet Store, respectively.
      • CONTRACT OF SALE – a contract of sale within the meaning of the Civil Code, concerning the sale by the Seller to the Customer of a Product against payment of the Price plus any. additional fees, including shipping costs, the terms of which are specified in particular in the Regulations. The Contract of Sale is concluded between the Customer and the Seller using means of distance communication, after acceptance of the Order by the Seller under the terms of these Regulations. The Sales Contract specifies, in particular, the Product, its main features, the Price, shipping costs and other relevant terms and conditions. Each Product is subject to a separate Sales Contract.
      • ELECTRONIC SERVICE – provision of services by electronic means within the meaning of the Act of July 18, 2002. on provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended), by the Seller to the Customer via the Online Store, in accordance with the Service Agreement. To the extent that services are provided by entities cooperating with the Seller, the relevant provisions on the rules of use of these services are contained in the rules and regulations on the provision of services by these entities.
      • THE ACT ON CONSUMER RIGHTS, THE ACT – the law of May 30, 2014. On consumer rights (Journal of Laws 2014 item 827 as amended).
      • TECHNICAL REQUIREMENTS – the minimum technical requirements to be met in order to cooperate with the information and communication system used by the Seller, including the conclusion of the Service Agreement or the conclusion of the Sales Agreement, i.e.: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Microsoft Edge version […], and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: […]; (5) ability to enable cookies and Javascript in your web browser; (6) active e-mail address.
      • ORDER – a declaration of will of the Customer expressing a direct will to conclude a Distance Sales Agreement made using means of distance communication, specifying the Product as to which the Customer makes an offer to conclude a Sales Agreement and the Customer’s data necessary for the possible conclusion and execution of the Sales Agreement. The order of each Product will be treated as an independent offer by the Customer to conclude a Sales Contract. Acceptance of the Order signifies the conclusion of the Sales Agreement.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

   1. The Seller provides the following Electronic Services to Customers free of charge via the Online Store:
      • Establishing and maintaining an Account,
      • Enabling Customers to place Orders and conclude Sales Agreements, under the terms and conditions specified in the Regulations;
      • Presenting customers with advertising content tailored to their interests;
      • Enabling customers to use the services of the Shopping Cart;
      • Allowing you to browse the Content posted within the Online Store;
      • Newsletter.
   2. The Seller additionally, for the benefit of Customers who have created an Account, provides the following services free of charge via the Online Store:
      • maintaining the Customer’s session after the Customer logs into the Account
      • storing and making available to the Customer through the Account the history of Orders.
   3. The use of the Account is possible after the Client has completed the following steps together:
      • completing the registration form and accepting the provisions of the Regulations,
      • Clicking the “Register” field.
   4. The Contract for Services is concluded upon receipt by the Client of a confirmation of the conclusion of the Contract for Services sent by the Seller to the email address provided by the Client in the course of registration. The account is provided free of charge for an indefinite period of time. The Customer may at any time and without giving any reason, delete the Account by sending a request to the Seller, in particular by e-mail to: sklep@feelmypaint.com or in writing to the address: ul. Zagloby 2F Krakow 31-980. Creating an Account is not required to place an Order on the Online Store. The Seller may introduce such a restriction within the functionality of the Online Store, in particular due to the relationship of a particular Product or type of Products with the services provided within the Account.
   5. The use of the Shopping Cart begins when the Customer adds the first Product to the Cart.
   6. The shopping cart is provided free of charge and has a one-time nature and is terminated when the Order is placed through it or when the Customer discontinues placing the Order through it earlier. The shopping cart remembers information about the Products selected by the Customer also after the end of the browser session, including logging out, for a period of no more than 7 days, but it does not ensure the availability of copies of the Products selected by the Customer to enable the Order to be placed at a later date.
   7. In particular, the customer is obliged to:
      • to provide in the forms made available within the Online Store only true, current and all necessary data of the Customer;
      • Immediately update the data, including personal data, provided by the Customer to the Seller in connection with the conclusion of the Agreement for the Provision of Services or Sales Agreement, in particular to the extent that it is necessary for their proper execution; the Customer has the opportunity to change the data entered during the creation of the Account at any time using the options available within the Account;
      • use the services and functionalities provided by the Seller in a manner that does not interfere with the functioning of the Seller and the Online Store ;
      • use of services and functionalities provided by the Seller in a manner consistent with the provisions of the law, the provisions of the Rules and Regulations, as well as with the customs and rules of social coexistence accepted in this area;
      • use of services and functionalities provided by the Seller in a manner that is not onerous for other Customers and the Seller;
      • timely payment of the Price and other costs agreed upon by the Customer and the Seller in full;
      • timely pick up of Products ordered using cash on delivery and payment methods, and which are the subject of Reservations;
      • not to provide or transmit within the Internet Store Content that is forbidden by law, in particular Content that violates the property copyrights of third parties or their personal rights;
      • not taking actions such as:
        • sending or posting unsolicited commercial information on the Online Store or posting any Content that violates the law (prohibition of posting illegal Content);
        • undertaking computer or any other activity aimed at coming into possession of information not intended for the Customer, including other Customers’ data, or interfering with the principles or technical aspects of the operation of the Online Store, Application and payment processing;
        • modify in an unauthorized manner the Content provided by the Seller, in particular the Prices or Product descriptions provided within the Online Store.
   8. Complaints related to the provision of Electronic Services can be submitted, for example:
      • In writing to the address: ul. Zagloby 2F Krakow 31-980;
      • in electronic form via email to: info@feelmypaint.com.
   9. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Customer’s request; and (3) contact details of the complainant – this will facilitate and speed up the processing of the complaint by the Seller. The requirements stated in the preceding sentence are in the form of a recommendation and do not affect the effectiveness of complaints made with the omission of the recommended description of the complaint.
   10. The Seller shall respond to the complaint immediately, no later than within 30 days from the date of its submission, in accordance with Article. 7a para. 1 of the Act, unless a different deadline is provided by law or separate regulations.

3. TERMS AND CONDITIONS OF CONTRACT OF SALE

   1. The main features of the provision of services, including the subject matter of the services and the method of communication with the Customer, are specified on the Product page or in another manner appropriate to the Product, within the Online Store.
   2. The Seller allows placing Orders for Products on the Online Store;
   3. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order.
   4. The Vendor allows the Customer to place an Order via the Online Store in the following manner, consecutively:
      • The customer adds the selected Product(s) to the Cart then proceeds to the order form.
      • A customer with an Account confirms in the order form the validity of the data necessary for the conclusion and execution of the Sales Agreement. A user who does not have an Account must independently fill in the order form with his/her data necessary for the conclusion and execution of the Sales Agreement. In any case, the provision of outdated or false customer data may prevent the execution of the Agreement. In the order form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company, and if they requested a VAT invoice as part of the form, also the Tax Identification Number.
      • The customer chooses one of the delivery methods provided by the Seller.
      • The customer chooses the method of payment of the Price and any other total costs of the Sales Agreement indicated in the order form.
      • The Customer sends the Seller an Order (submits an offer) using the functionality of the Online Store provided for this purpose (“Order and pay”). In the case of a Customer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions is required.
      • During the process of placing an Order, until the moment of pressing the “Order and pay” button, the Customer has the possibility to correct the entered data himself within the “Basket” panel by adding or removing a given item from the Basket. Removal of an item may automatically remove another item from the Cart as well, due to the direct relationship between the Products.
      • Depending on the payment method selected, the customer may be redirected to the pages of a third-party payment service provider to make payment.
   5. The Seller, in response to the Order, immediately sends an automatic message to the Customer at the e-mail address provided by the Customer for this purpose with confirmation of receipt of the Order and the start of its verification.
   6. After verifying the Order, without unreasonable delay, the Seller sends a message to the Customer at the provided e mail address with:
   7. Confirmation of acceptance of one or more individual offers for the Products, made as part of the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order with respect to the Products indicated in the message); or
   8. information about the non-acceptance of all bids for the Products, submitted within the scope of the Order, in particular for the reasons indicated in point IV paragraph. 5-7 below (non-payment) or due to non-collection.
   9. The Sales Agreement is concluded upon confirmation of the offer(s), i.e. Sending to the Customer the message referred to in paragraph. 6 pts. 1 above to the extent of the Products indicated therein.
   10. The seller sends the customer a confirmation of the terms of the Agreement to the e mail address provided by the customer.
   11. If it is not possible to accept the offers made under the Order, the Seller will inform the Customer at the e-mail address indicated by the Customer. In the situation referred to above, the Sales Agreement is not concluded, and the Seller shall immediately, no later than within 14 days, return to the Customer the payments made by the Customer, to the extent that the Sales Agreement has not been concluded. The provisions of point VIII paragraph. 6 of the Regulations shall apply accordingly.
   12. The Seller may inform the Customer about the status of the Order, in particular by sending messages to the e -mail address provided by the Customer, SMS or contacting by phone.
   13. The Seller strives to ensure the availability of Products and the performance of the Sales Agreement. In the event of failure to perform and in other situations specified by law, the relevant provisions of the Civil Code, including Art. 493-495 of the Civil Code, in particular regarding the obligation to promptly return the benefit to the Consumer.
   14. The total value of the Order includes the Price, shipping costs and possible. other costs of optional paid services selected by the client. The Seller may determine the threshold of the minimum value of the Order for which the shipment of Products is free. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including charges for transportation, delivery and postal services) and other costs, and when the amount of these charges cannot be determined – about the obligation to pay them, the Customer is informed in the course of placing the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
   15. Promotions valid in the Online Store are not cumulative, unless the provisions of the Promotion expressly provide otherwise.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

   1. The Seller shall make available to the Customer, subject to the provisions of Section X, paragraph. 5, various methods of payment for the Sales Agreement.
   2. Possible current methods of payment are specified in the Online Store in the tab “Order ” and each time on the sub-page of the given Product, including at the moment when the Customer expresses his will to be bound by the Sales Agreement. The available payment methods may depend on the delivery method or Product selected by the Customer. The available payment methods may change in the case of placing several Orders at the same time, especially due to the Products covered by them.
   3. The Seller may allow the Customer to pick up the Products in person at a location designated by the Seller.
   4. Settlement of electronic payment and payment card transactions is carried out according to the customer’s choice through authorized services.
   5. In case of non-receipt by the Seller of the payment of the Customer who has chosen to pay in advance, i.e. payment by bank transfer, electronic payment or payment by credit card, the Seller may contact the Customer to remind him of the payment, including by sending an email.
   6. Non-payment:
      • in the case of electronic payment or payment card payment – within 24 hours of placing the Order;
      • in the case of payment by bank transfer – within 3 days of placing the Order, will result in non-acceptance of the offer made by the Customer within the Order. The customer may also, up to the moment of receiving the message about the shipment of the Order, cancel it without any consequences by contacting the Seller at the indicated telephone number or e-mail address, which does not affect his right to withdraw from the contract. If payment is made by wire transfer after the deadline referred to in item. 2) above, the Seller will return the payment to the bank account with which it was paid.
   7. If the customer chooses to pay cash on delivery, the customer is obliged to make payment on delivery. Refusal to take delivery of the Product, despite the setting of an additional appropriate period of time, is a condition that terminates the Sales Agreement. The customer may also cancel the Order within the indicated period without any consequences, which does not affect his right to cancel the contract.
   8. If the Customer has chosen to pay in advance and has paid it, the failure to receive the Product within the specified period of time is a condition for the termination of the Sales Agreement – in such a situation, the Seller will return the paid payment to the Customer immediately upon receipt of the Product.

5. COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT

   1. Delivery of the Product is available in the territory of the Republic of Poland.
   2. Delivery of the Product to the Customer is for a fee, unless the Sales Agreement provides otherwise. The currently available methods and costs of delivery of the Product are indicated to the Customer in the tab “Time and costs of delivery ” in the Online Store and each time on the sub-page of the given Product, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
   3. The available delivery methods may depend on the payment method or Product selected by the Customer. The available methods of delivery may change in case of placing several Orders at the same time, in particular due to the Products covered by them.
   4. The total waiting time for the Customer to receive the Product (delivery time) consists of the time for the Seller to prepare the Order for shipment and the time for the carrier to deliver the Product.
   5. The term of delivery of the Product to the Customer is up to 14 Business Days, unless a different term is specified in the description of the Product in question or in the course of placing the Order, provided that the beginning of the term is calculated from the day:
      • crediting of the Seller’s bank account or checking account – if the Customer chooses the method of payment by bank transfer, electronic payment or payment card,
      • To conclude a Sales Agreement – in case the Customer chooses cash on delivery payment method.

6. PRODUCT COMPLAINT

   1. The basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty) are set out in the provisions of the Civil Code Act, in particular Art. 556 et seq. of the Civil Code.
   2. Products presented in the Online Store may be covered by a manufacturer’s or distributor’s warranty. The detailed terms of the warranty and its duration are then stated in the warranty card issued by the guarantor and attached to the Product.
   3. The Seller is obliged to provide the Customer with a Product without defects.
   4. The complaint may be submitted by the Customer, for example, in writing to the address: ul. Zagloby 2F Krakow 31-980. If the complaint is about a Product it is usually expedient to deliver it to the Seller together with the complaint, in order to allow the Seller to examine the Product. Details of the ways made available by the Seller for the Customer to deliver the Product to him free of charge in connection with a complaint are located within the Online Store under “Returns and Complaints “.
   5. If the sold Product has a defect, the Customer may:
   6. make a statement about reducing the Price or withdrawing from the Sales Agreement, unless the Seller immediately and without undue inconvenience for the Customer will replace the defective Product with a defect-free one or will remove such defect. The reduced price should remain in such proportion to the contract price as the value of the Product with the defect remains to the value of the Product without the defect. The customer may not withdraw from the contract if the defect in the Product is insignificant;
   7. Demand replacement of the Product with a defect-free one or removal of the defect. The Seller shall replace the defective Product with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Customer;
   8. With the reservations and under the terms of the relevant provisions of the Civil Code.
   9. The Customer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Product with a defect-free one, or instead of replacing the Product demand the removal of the defect, unless bringing the Product into conformity with the agreement in the way chosen by the Customer is impossible or would require excessive costs in comparison with the way proposed by the Seller. In assessing the unreasonableness of costs, the value of the Product free of defects, the type and significance of the defect found, as well as the inconvenience to which other means of satisfaction would expose the Customer shall be taken into account.
   10. It is recommended that the customer specify in the description of the complaint:
       • information and circumstances regarding the subject of the complaint, in particular the type and date of the defect;
       • request a method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and
       • contact details of the complainant – this will facilitate and speed up the processing of the complaint by the Seller. The requirements stated in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
   11. The Seller will respond to the Customer’s complaint immediately, no later than within 14 days of receipt. If the Customer has requested replacement of the item or removal of the defect, or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days from the date of its receipt, it is considered that the Seller has recognized the request as justified.
   12. If it is necessary for the Seller to respond to the Customer’s complaint or to exercise the Customer’s rights under the warranty, it will be necessary to deliver the Product to the Seller, in accordance with Art. 5612 w zw. from Art. 354 § 2 of the Civil Code, the Customer will be obliged to deliver the Product at the Seller’s expense to the address ul. Zagloby 2F Krakow 31-980. Details of the methods made available by the Seller for the Customer to deliver the Product to the Seller free of charge can be found in the Online Store under “Returns and Complaints “. However, if due to the nature of the defect, the type of the Product or the manner of its installation, the delivery of the Product by the Customer would be impossible or excessively difficult, the Customer may be asked to make the Product available to the Seller, by appointment, at the place where the Product is located.
   13. The Seller shall be liable under the warranty if the physical defect is discovered before the expiration of two years from the date of delivery of the Product to the Customer. A claim for the removal of a defect or replacement of the Product with a defect-free one year from the date of discovery of the defect, but in the case of an Order placed by a Consumer – the course of the statute of limitations may not end before the expiration of the period referred to in the first sentence.

7. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

   1. The use of out-of-court means of handling complaints and claims is voluntary. The following provisions are for informational purposes and do not constitute an obligation on the part of the Seller to use out-of-court dispute resolution. The Seller’s statement of consent or refusal to participate in the procedure for out-of-court settlement of consumer disputes is submitted by the Seller on paper or other durable medium in the event that the dispute is not resolved following the complaint filed by the Consumer.
   2. Detailed information on the possibility for a Customer who is a Consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection:
   3. 1. http://www.uokik.gov.pl/spory_konsumenckie.php
      2. http://www.uokik.gov.pl/sprawy_indywidualne.php
      3. http://www.uokik.gov.pl/wazne_adresy.php
   4. A customer who is a Consumer has the following examples of out-of-court means of handling complaints and claims:
      • The Customer is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement.
      • The customer is entitled to apply to the provincial inspector of the Commercial Inspection, in accordance with Art. 36 of the Law of December 15, 2000. on Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings for out-of-court dispute resolution between the Customer and the Seller.
      • The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).
      • The customer can file a complaint through the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court dispute resolution that may arise between businesses and Consumers.

8. RIGHT OF WITHDRAWAL

   1. A consumer who has concluded a remote contract may withdraw from it without giving any reason and without incurring any costs other than those provided by law, within14 days from the date referred to in the following paragraph. 4 (hereinafter also “Statutory Right of Withdrawal”).
   2. To meet the deadline it is sufficient for the Consumer to submit a statement to the Seller before its expiration. The consumer may make any unambiguous statement informing of his withdrawal from the Sales Agreement. The statement of withdrawal from the Sales Agreement may be submitted, for example:
      • In writing to the address: ul. Zagloby 2F Krakow 31-980;
      • in electronic form via email to: info@feelmypaint.com;
      • using the withdrawal form, which is attached as Appendix 1 to these Regulations.
   3. The consumer can use the model withdrawal form, but it is not mandatory.
   4. The period for withdrawal from the Sales Agreement begins from the date of taking possession of the Product by the Consumer or a third party other than the carrier designated by the Consumer, and in the case of a Sales Agreement that:
      • includes multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or
      • consists in the regular delivery of Products for a fixed period of time – from taking possession of the first Product;
   5. In the case of withdrawal from a remote contract, the contract is considered not concluded.
   6. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the contract, return to the Consumer the payments made by him/her, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method available in the Online Store).
   7. If the Consumer exercises the Statutory Right of Revocation, the Seller shall refund the payments paid by the Consumer using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer. In the event that the return of payment cannot be made using the same method of payment used by the Consumer, due to the fact that the Seller no longer supports a specific method of payment, the Seller will refund using a method of payment that will correspond as closely as possible to the characteristics of the method of payment previously used by the Consumer. If the Seller has not offered to collect the Product from the Consumer itself, the Seller may withhold reimbursement of payments received from the Consumer until it receives the Product back or the Consumer provides proof of its return, whichever event occurs first. If the payment is to be returned to the Consumer’s bank account, the Seller will return the payment to the bank account indicated by the Consumer (e.g., in the withdrawal form), and if the Consumer does not indicate the bank account to which the payment is to be returned, the Seller will return the payment to the bank account with the use of which the Consumer paid the payment in connection with the Sales Agreement from which he withdraws.
   8. The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiration. The consumer may return the Product to the address: ul. Zagloby 2F Krakow 31-980. Please include, if possible, a proof of purchase of the Product or a printed electronic proof of purchase of the Product.
   9. If the Consumer exercises the Statutory Right of Revocation, the Consumer shall be liable for the diminished value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. The Consumer’s liability may include, in particular, the inability to put the Product on sale as a full-value Product, , as well as the costs of restoring the Product to a condition that makes it possible to put it back on sale at the Online Shop, including the costs of examination of the Product by a specialist and the costs of removal of defects found as a result of such examination (to the extent that these defects result from the Consumer’s use of the Product in a manner beyond the necessary to ascertain its nature, characteristics and functioning).
   10. The consumer shall bear only the direct costs of returning the Product.
   11. The right of withdrawal from a contract concluded remotely, referred to in paragraph. 1 above, shall not be entitled to the Consumer in the cases indicated in the provisions of the Civil Code, in particular with respect to contracts:
       • for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the contract;
       • in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
       • in which the object of performance is Products, which after delivery, due to their nature, become inseparable from other things.

9. .PROTECTION OF PERSONAL DATA

   1. The Customer’s personal data is processed by the Seller as the personal data controller.
   2. Providing personal data by the Customer is voluntary, but necessary in order to set up an Account, use certain Electronic Services or conclude a Sales Agreement.
   3. Detailed information on the protection of personal data is contained in the “Privacy Policy” tab available on the Online Store.

10. TERMINATION OF THE SERVICE AGREEMENT AND AMENDMENT OF THE REGULATIONS

    1. The Vendor may at any time terminate the Service Agreement concluded with the Customer with one month’s notice for valid reasons, understood as (closed catalog):
    2. change in the provisions of law governing the provision of services by electronic means by the Seller affecting the mutual rights and obligations set forth in the contract concluded between the Customer and the Seller, or a change in the interpretation of the above-mentioned provisions of law as a result of court rulings, decisions, recommendations or recommendations of the relevant authorities or bodies;
    3. change in the manner of providing services due solely to technical or technological reasons (in particular, updating the technical requirements indicated in the Regulations);
    4. change in the scope or provision of services to which the provisions of the Terms and Conditions apply, through the introduction of new, modification or withdrawal by the Seller of existing functionalities or services covered by the Terms and Conditions.
    5. Notwithstanding the contents of paragraph. 1, bearing in mind the Vendor’s special care for the protection of the Customer’s personal data and their processing for an appropriate period of time, the Vendor may terminate the Service Agreement with immediate effect if the Customer is not active in the Online Store for a continuous period of at least 3 years.
    6. The seller his statement to the extent specified in paragraph. 1 and 2 above shall be sent to the e-mail address provided by the Customer when creating an Account or placing an Order.
    7. The Vendor may terminate the Service Agreement with seven days’ notice to the Customer and/or deny the Customer the further right to use the Online Store and place Orders, as well as may restrict the Customer’s access to some or all of the Content, for valid reasons, i.e. in the case of a gross violation of these Terms and Conditions by the Customer, i.e. In situations where the Customer (closed catalog) violates the provisions of Section II, paragraph. 7 (1), 3), 4), 5) , 8), and, 9) of the Regulations.
    8. For valid reasons, i.e. in the case of a gross violation of these Regulations by the Client, in a situation where the Client in question has violated the provisions of Section II, paragraph. 7 subsections 3), 4), 5) or 8) of the Terms and Conditions (closed catalog), the Seller, in order to avoid further damage, may not accept the Customer’s offer, including certain forms of payment or delivery. This provision shall apply regardless of what data the Customer identifies himself and what data he provides when placing an Order, and in particular if the Customer simultaneously violates the provision of Section II, paragraph. 7 pp. 1 of the Regulations.
    9. In the case of placing a subsequent Order by a Customer to whom the provision of Paragraph. 5 above, the Seller will contact the Client by sending a message to the e-mail address provided by the Client in order to notify the Client of the Client’s flagrant violation of the Terms and Conditions and non-acceptance of the offer, while indicating alternative methods of concluding the Sales Agreement or methods of payment or delivery. The provisions of point IV paragraph. 5-7 of the Regulations shall apply accordingly.
    10. The customer to whom the provision of paragraph. 4 or 5 above may use the Online Store or use a particular method of payment or delivery after contacting the Seller and obtaining the Seller’s consent to further use the Online Store or use a particular method of payment or delivery.
    11. The Regulations and the appendices to the Regulations constitute a model contract within the meaning of Art. 384 § 1 of the Civil Code.
    12. The Seller may amend these Terms and Conditions (with the exception of point XI of the Terms and Conditions, which applies to Customers who are not Consumers and may be amended at any time under generally applicable laws) in the event of the occurrence of at least one of the following important reasons (closed catalog):
    13. change in the provisions of law governing the sale of Products or provision of services electronically by the Seller affecting the mutual rights and obligations set forth in the contract concluded between the Customer and the Seller, or change in the interpretation of the above-mentioned provisions of law as a result of court rulings, decisions, recommendations or recommendations of authorities or bodies competent in the field;
    14. change in the manner of providing services due solely to technical or technological reasons (in particular, updating the technical requirements indicated in these Regulations);
    15. change in the scope or manner of provision of services to which the provisions of the Terms and Conditions apply, through the introduction of new, modification or withdrawal by the Seller of existing functionalities or services covered by the Terms and Conditions.
    16. If changes are made to the Terms and Conditions, the Seller shall make the consolidated text of the Terms and Conditions available through publication in the Online Store and by means of a message, sent to the e-mail address provided by the Client at the conclusion of the Contract for the Provision of Services, which the Parties shall consider as introducing information about the change into the means of electronic communication in such a way that the Client could get acquainted with its content.
    17. The amendment to the Regulations shall become effective 14 days from the date of sending information about the amendment. In the case of Customers who have entered into a Service Agreement, i.e. who have an Account, they have the right to terminate the Service Agreement within 14 days from the date of notification to them of the change in the Terms and Conditions. Amendments to the Terms and Conditions that favorably affect the situation of the Customer who is a Consumer, in particular, grant him additional rights, come into force on the date indicated in the Terms and Conditions, and in the absence of such indication – on the date of sending by the Seller information about the change in the Terms and Conditions. The amendment of the Terms and Conditions does not affect the Sales Agreements concluded by the Customer and the Seller before the amendment of the Terms and Conditions.

11. PROVISIONS FOR NON-CONSUMER CUSTOMERS

    1. This XI point of the Regulations applies only to Customers who are not Consumers.
    2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
    3. In the case of non-consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
    4. As soon as the Seller releases the Product to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product pass to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for the delay in transportation of the shipment.
    5. According to Art. 558 § 1 of the Civil Code, the Seller’s warranty liability for the Product towards the Customer who is not a Consumer is excluded.
    6. In the case of Clients who are not Consumers, the Seller may terminate the Service Agreement concluded on the basis of the Regulations with immediate effect and without indicating the reasons by sending the Client an appropriate statement in any form.
    7. Neither the Seller nor its employees, authorized representatives and agents shall be liable to the non-Consumer Customer, its subcontractors, employees, authorized representatives and/or agents for any damages, including loss of profits, unless the damage was caused by them intentionally.
    8. Whenever the liability of the Seller, its employees, authorized representatives and/or agents is established, such liability in relation to a Customer who is not a Consumer, regardless of its legal basis, shall be limited – both as part of a single claim and for all claims in the aggregate – to the amount of the Price paid and delivery costs under the last Sales Contract, but no more than one thousand zlotys.
    9. Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.
    10. With regard to Customers who are not Consumers, the Seller may amend the Terms and Conditions at any time on the basis of generally applicable laws.
    11. This XI point of the Regulations, with the exception of XI.5, does not apply to Customers who are natural persons conducting business activity, who conclude with the Seller a Sales Contract, a Contract for the provision of Services or any license agreement concluded on the basis of the Regulations directly related to their business activity, when it follows from the content of a particular agreement that it does not have a professional character for the Customer, resulting in particular from the subject of his business activity, defined on the basis of the provisions on the Central Register and Information on Business Activity. These customers also have the right to withdraw from the contract under the terms of Section VIII of the Regulations.

12. LICENSE

    1. Exclusive rights to Content made available/placed within the Internet Store by the Seller or its contractors, in particular, copyrights, the name of the Internet Store (trademark), graphic elements included in it and rights in the field of databases are subject to legal protection and belong to the Seller or entities with which the Seller has entered into relevant agreements. The customer is entitled to use the above. Content, free of charge, as well as to use Content posted in accordance with the law and already distributed by other Customers on the Online Store, but only for their own personal use and only for the proper use of the Online Store, worldwide. The use of the Content for other purposes is permitted only on the basis of express prior consent, granted by an authorized entity, in writing under pain of invalidity.
    2. The Customer, by posting any Content within the Online Store, in particular graphics, comments, opinions or statements in the Account or elsewhere in the Online Store, hereby grants to the Seller a non-exclusive, royalty-free license to use, fix, change, delete, supplement, publicly perform, publicly display, reproduce and distribute (especially on the Internet) such Content, throughout the world. This right includes the right to grant sublicenses to the extent justified by the performance of the Sales Agreement or the Service Agreement (including the operation and development of the Online Store), as well as the authorization to exercise independently or with the help of third parties dependent rights in the development, adaptation, alteration and translation of the work within the meaning of the Law on Copyright and Related Rights of February 4, 1994. To the extent that the Customer is not authorized to grant the licenses referred to in this paragraph. 2, the Customer undertakes to obtain for the Vendor such relevant licenses.
    3. The Vendor may at any time terminate the license agreement granted under Section XII of the Terms and Conditions with the Customer upon one month’s notice for valid reasons, understood as (closed catalog) indicated in Section X, paragraph 1.

13. FINAL PROVISIONS

    1. The regulations are effective as of 26.11.2023.
    2. Contracts concluded by the Seller are concluded in the Polish language.
    3. Recording, securing and providing access to the material provisions of the concluded Agreement for the Provision of Services by Electronic Means shall be made by sending an e-mail to the e-mail address provided by the Client.
    4. Fixing, securing, making available and confirming to the Customer the important provisions of the Sales Agreement is done by sending the Customer an e-mail with the confirmation of the Order (durable medium). The content of the Sales Agreement is further recorded and secured in the computer system of the Online Store. After the conclusion of the Sales Agreement, the Seller shall make available to the Customer the proof of purchase in electronic form or with the shipment containing the Product. The shipment may also be accompanied by a specification of the Order. If the Customer requests a VAT invoice, the Customer agrees that the VAT invoice will be sent to the e-mail address provided by the Customer. The seller may introduce technical means of authenticating the customer before the customer collects the proof of purchase or VAT invoice.
    5. The Seller shall provide technical and organizational measures appropriate to the degree of security risk of the functionality or services provided under the Service Agreement. The use of Electronic Services involves the typical risks of transmitting data over the Internet, such as dissemination, loss or access by unauthorized persons.
    6. The content of the Terms and Conditions is available to the Customers free of charge at the following address https://store.feelmypaint.com from where the Customers can review it at any time, as well as make a printout.
    7. The Seller informs that the use of the Online Store via a web browser, including placing an Order, may be associated with the necessity of incurring Internet connection costs (data transfer fee), in accordance with the tariff package of the service provider used by the Customer
    8. Matters not regulated by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002. (Journal of Laws 2002 No. 144, item 1204, as amended); the provisions of the Consumer Rights Act of May 30, 2014. (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.
    9. The choice of Polish law under these Terms and Conditions does not deprive the Consumer of the protection granted to him under the provisions that cannot be excluded by contract between the Seller and the Consumer, under the law that would be applicable under the relevant regulations in the absence of choice.