English
This translation is provided for courtesy only, for all matters, the Polish language version shall be binding.
Below is the terms and conditions of the online store, containing information about the process of placing an order leading to the conclusion of a contract, details regarding the execution of the concluded contract, available delivery and payment methods in the store, the procedure for withdrawing from the contract, and the complaint procedure.
§ 1 Definitions
For the purposes of these regulations, the following meanings of the terms are accepted:
Buyer – a natural person, legal person, or a legal person with limited legal capacity, Consumer – a natural person entering into an agreement with the Seller not directly related to their business or professional activity; the Consumer is also a Buyer, POCK – a natural person entering into an agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for this person, especially arising from the subject of the business activity carried out by them, made available based on the provisions on the Central Register and Information on Economic Activity; POCK is also a Buyer, Regulations – these regulations,
Store – an online store operating at www.weavinggallery.com,
Seller – PAPO WRAPS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ Sp. z o.o. ul. TWARDA 44/123 00- 831 WARSZAWA NIP: 5272948460, KRS: 0000881023, E-mail: office@weavinggallery.com, Phone number: 663904375.
§ 2 Introductory provisions
Through the Store, the Seller conducts retail sales, simultaneously providing electronic services to Buyers. Through the Store, the Buyer can purchase goods or digital content visible on the Store's pages.
The Regulations specify the rules and conditions for using the Store, as well as the rights and obligations of the Seller and Buyers.
To use the Store, including making a purchase in the Store, it is not necessary to meet specific technical requirements for the Buyer's computer equipment or software. It is sufficient to have: access to the Internet,
a standard, up-to-date operating system,
a standard, up-to-date web browser with enabled cookie support, an active email address.
To use digital content, depending on its type, additional standard, publicly available software allowing the viewing or playback of specific types of files such as DOC, PDF, MP4, MP3, MOV, AVI, etc., may be required. If using digital content requires meeting additional technical requirements, such information is presented in the Store in a visible manner for the Buyer to make a decision regarding the purchase of digital content.
The Buyer cannot make a purchase in the Store anonymously or under a pseudonym.
It is prohibited to provide unlawful content while using the Store, especially by transmitting such content through forms available in the Store.
All product prices on the Store's pages are gross prices.
§ 3 Services provided electronically
Through the Store, the Seller provides electronic services to the Buyer. The basic service provided electronically to the Buyer by the Seller through the Store is enabling the Buyer to place an order in the Store leading to the conclusion of an agreement with the Seller. The type of agreement concluded depends on the subject of the order. In the case of ordering goods, a sales agreement is concluded. In the case of ordering digital content, an agreement for the supply of digital content is concluded.
If the Buyer creates a user account in the Store, an agreement is concluded with the Seller for the provision of a user account service, based on which the Seller provides the Buyer with an electronic service consisting of creating and maintaining an account in the Store. The account contains the Buyer's data and the history of orders
placed by them in the Store. The Buyer logs into the account using their email address and a password defined by them.
The services are provided electronically to the Buyer free of charge. However, sales agreements and agreements for the supply of digital content concluded through the Store are subject to payment.
To ensure the security of the Buyer and the transmission of data related to the use of the Store, the Seller takes technical and organizational measures appropriate to the level of security threat of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
The Seller takes actions to ensure the proper functioning of the Store. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Store.
All complaints related to the functioning of the Store can be reported by the Buyer via email to office@weavinggallery.com. In the complaint, the Buyer should specify the type and date of the irregularity related to the functioning of the Store. The Seller will consider all complaints within 14 days of receiving the complaint and will inform the Buyer about its resolution to the email address submitting the complaint.
§ 4 Placing an order
Placing an order is done by filling out the order form after adding the products or digital content of interest to the Buyer's cart. The form requires providing data necessary for order fulfillment. At the order placement stage, the Buyer also chooses the delivery method of the ordered products and the payment method for the order. The condition for placing an order is the acceptance of the Regulations, which the Buyer should familiarize themselves with beforehand. In case of any doubts regarding the Regulations, the Buyer can contact the Seller.
The order placement process is completed by clicking on the order finalization button.
If the Buyer chose online payment when placing the order, after clicking on the order finalization button, they will be redirected to the payment gateway operated by an external payment operator to make the payment for the order. If the Buyer chose payment by bank transfer, after clicking on the order finalization button, they will be
redirected to the Store's page with the order confirmation and payment instructions. Payment for the order should be made within 7 days from its placement.
In the order form, the Buyer must provide true personal data. The Buyer is responsible for providing false personal data. The Seller reserves the right to suspend the order fulfillment if the Buyer provided false data or if these data raise reasonable doubts about their correctness. In such a case, the Buyer will be informed by phone or email about the Seller's doubts. In this situation, the Buyer has the right to explain all circumstances related to the verification of the authenticity of the provided data. In case of lack of data allowing the Seller to contact the Buyer, the Seller will provide all explanations after contact is made by the Buyer.
The Buyer declares that all data provided by them in the order form is true, and the Seller is not obliged to verify their truthfulness and correctness, although it has the right according to the above paragraph.
§ 5 Delivery and payment
Available delivery methods for an order, including goods, are described on the Store's website and presented to the Buyer at the order placement stage. The cost of order delivery is borne by the Buyer unless the Seller indicates otherwise on the Store's website. The Seller has the right to decide on the division of the order into several separate shipments without incurring additional costs for the Buyer. Digital content is delivered electronically free of charge.
Available methods of payment for the order are described on the Store's website and presented to the Buyer at the order placement stage.
Electronic payments, including card payments, are processed by:
● PayPal payment system, operated by PayPal (Europe) S.à r.l. et Cie, S.C.A. based in Luxembourg
● PayPro Spółka Akcyjna z siedzibą w Poznaniu
§ 6 Order Fulfillment
Fulfillment of an order comprising goods involves assembling the ordered products, packaging them for delivery to the Buyer, and dispatching the shipment to the Buyer in accordance with the chosen delivery method in the order.
An order is considered fulfilled from the moment the shipment is dispatched to the Buyer (entrusted to a carrier engaged in transportation). The exact delivery time of the shipment is determined by the carrier. Delivery and handing over of the shipment occur based on the carrier's applied principles. The Buyer should inspect the shipment in the manner and time accepted for the respective type of shipment. In the event of shortages or damage to the goods in the shipment, the Buyer should take all necessary actions to establish the carrier's liability, such as facilitating the drafting of a damage protocol.
The order fulfillment time is always indicated for each product. Ordered products should be delivered to the Consumer within 30 days, unless a longer term is clearly specified by the Seller in the product description. In such a situation, by placing an order, the Buyer agrees to the longer order fulfillment time resulting from the product description.
If the Buyer orders products with different fulfillment times, the fulfillment time binding for the Seller for the entire order is the longest one among all the products included in the order. However, the Seller may propose dividing the order into several independent shipments to expedite the fulfillment time for certain products.
Fulfillment of an order comprising digital content occurs through sending a message to the email address provided by the Buyer in the order form, containing instructions for downloading or gaining access to the purchased digital content.
For certain digital content, especially online courses, the Buyer may have an account created within a dedicated platform for delivering digital content, and access credentials will be sent through the aforementioned email message.
For some digital content, especially online courses, access to the digital content may be temporarily restricted (e.g., access for one year), in accordance with the information provided in the description of digital content on the Store's website. In
such a situation, after the specified period, the Buyer loses access to the digital content. If the Buyer purchases digital content for which the Seller communicates lifetime access and this access is through a dedicated platform mentioned above, in the event of the closure of this platform by the Seller, the Buyer is provided the opportunity to download the digital content for continued use despite the platform's closure.
If an account is created for the Buyer within a dedicated platform for delivering digital content, the Buyer is obliged to use this platform in accordance with the law, the Regulations, and good practices, including: using the platform in a manner that does not disrupt the use of the platform by other users, does not violate any rights, goods, or interests of third parties, does not negatively affect the functioning of the platform, especially through the use of malicious software, not providing access data to their platform account to any third parties, not distributing digital content to which access is gained through the platform, or any of its parts, without the prior consent of the Seller, and in no other way violating the copyright of the Seller or other entities entitled to this digital content, not using the platform for marketing activities, not attempting to download digital content made available through the platform in a manner other than provided by the Seller, or not downloading this content at all if the Seller does not provide such an option.
In the event of the Buyer using the dedicated platform for delivering digital content in a manner contradictory to the above paragraph, the Seller has the right to block the Buyer's access to this platform.
Digital content is delivered in the version applicable at the time of concluding the agreement. The Seller is not obligated to provide updates to purchased digital content unless other statements are made in this regard, e.g., providing information to the Buyer about updates in communications regarding the offered digital content—in such a situation, updates are provided to the Buyer in accordance with the statements made by the Seller.
The Seller may make changes to digital content that is not delivered on a one-time basis only for justified reasons, such as fixing defects, improving digital content for its usefulness to the User, adapting digital content to the User's needs, modifying digital
content to adjust it to the current state of knowledge, or due to changes in the law. The change in digital content cannot involve any costs on the part of the Buyer. In the event of a change in digital content, the Seller informs the Buyer clearly and understandably. If the change significantly and negatively affects the Consumer's or Business Buyer's access to digital content or its use, the Seller informs the Consumer or Business Buyer with appropriate notice on a durable medium about the nature and timing of this change. In such a situation, the Consumer or Business Buyer may terminate the agreement without observing the notice period within 30 days of being informed of the change, unless the Seller has granted the Consumer or Business Buyer the right to retain, without additional costs, the digital content in accordance with the agreement, in an unchanged condition.
If additional services from the Seller, such as access to a dedicated Facebook group, accompany digital content, these services are provided in accordance with the information contained in the description of the digital content available on the website, which is accompanied by specific service information. The Seller may establish additional rules (e.g., support group rules) to ensure the safety and comfort of all Buyers having access to additional services. Failure to comply with these rules by the Buyer may result in the Buyer being deprived of the opportunity to use additional services (e.g., removal from the support group).
§ 7 Withdrawal from the Agreement
The Consumer and POCK, who have entered into a distance contract with the Seller, have the right to withdraw from the contract without stating a reason within 14 days from the day of taking possession of the goods or concluding the contract for the supply of digital content.
The right to withdraw from the contract does not apply to the contract:
where the subject of performance is a non-prefabricated item, manufactured according to the Consumer's or POCK's specifications, or serving to satisfy their individual needs;
where the subject of performance is goods that, after delivery, due to their nature, become inseparably mixed with other items;
for the supply of digital content not supplied on a tangible medium, for which the Consumer or POCK is obliged to pay the price if the Seller has commenced performance with the express and prior consent of the Consumer or POCK, who was informed before the performance began that, after the performance by the Seller, they would lose the right to withdraw from the contract, and they accepted it with knowledge, and the Seller provided the Consumer or POCK with confirmation of obtaining consent in accordance with art. 15 para. 2 or in accordance with art. 21 para. 1 of the Consumer Rights Act.
To withdraw from the contract, the Consumer or POCK must inform the Seller of their decision to withdraw from the contract by means of an unequivocal statement – for example, a letter sent by post, fax, or email.
The Consumer or POCK may use the withdrawal form template available at https://app.bezpieczny.biz/documents/[bezpieczny.biz]-formularz-odstapienia-od-um owy.doc, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for the Consumer or POCK to send information regarding the exercise of their right to withdraw from the contract before the withdrawal period expires.
The Consumer or POCK is obliged to return the goods to the Seller or hand them over to a person authorized by the Seller to collect them immediately, but no later than 14 days from the day they withdrew from the contract, unless the Seller has offered to collect the goods themselves. Sending the goods back before the deadline is sufficient to meet the deadline.
The Consumer or POCK bears the direct costs of returning the goods.
In the event of withdrawal from the contract, the Seller refunds to the Consumer or POCK all payments received from them, including the cheapest available cost of delivering the goods in the Store (if the cost was covered by the Consumer or
POCK) immediately, and in any case not later than 14 days from the day on which the Seller was informed about the exercise of the right to withdraw from the contract. The refund will be made using the same payment methods that were used by the Consumer or POCK in the initial transaction, unless the Consumer or POCK has expressly agreed to another solution. In any case, the Consumer or POCK will not incur any fees in connection with the reimbursement form.
If the Seller has not offered to collect the goods from the Consumer or POCK themselves, they may withhold the refund of payments received from the Consumer or POCK until the goods are returned or the Consumer or POCK provides proof of sending them back, whichever occurs first.
The Consumer or POCK is responsible for the reduction in the value of the goods resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
§ 8 Liability for Compliance with the Agreement
The warranty for defects, as referred to in the Civil Code, is excluded in relation to the Buyer other than the Consumer or POCK. In the case of the Consumer or POCK, the provisions of the Consumer Rights Act regarding liability for the conformity of goods or digital content with the contract apply.
The Seller is obliged to deliver to the Consumer or POCK goods or digital content free from defects.
The conformity of goods or digital content with the contract is assessed in accordance with the provisions of the Consumer Rights Act.
The rights of the Consumer or POCK related to the non-compliance of goods or digital content with the contract and the manner of their implementation are determined by the mandatory provisions of the Consumer Rights Act. In order to facilitate the Consumer's or POCK's exercise of rights related to the non-compliance of goods or digital content with the contract, the Seller has prepared an excerpt from these provisions, which is Annex No. 1 to the Regulations.
To simplify the Consumer's or POCK's exercise of rights related to the non-compliance of goods or digital content with the contract, the Seller has prepared a model complaint form, which the Consumer or POCK can use. The form is available at https://app.bezpieczny.biz/documents/[bezpieczny.biz]formularz-reklamacyjny.doc.
The Seller will respond to the submitted complaint within 14 days from the date of receiving it through the means of communication through which the complaint was submitted.
§ 9 Personal Data and Cookies
The rules for processing personal data and using cookies are described in the privacy policy published on the Store's website.
§ 10 Intellectual Property Rights
The Seller hereby informs the Buyer that digital content, content available on the Store's pages, and elements of goods (e.g., graphic designs) may constitute works within the meaning of the Act of February 4, 1994, on Copyright and Related Rights, for which copyright belongs to the Seller or other entitled entities.
The Seller hereby informs the Buyer that further dissemination of content covered by copyright by the Buyer without the consent of the Seller or another entitled entity, except for the use of content within the scope of permissible personal use, constitutes a violation of copyright and may result in civil or criminal liability.
If the Buyer wishes to use content covered by copyright beyond the limits of permissible personal use, the Seller may grant them a license on individually specified terms.
§ 11 Out-of-Court Complaint Handling and Claims Enforcement
The Seller agrees to submit any disputes arising in connection with concluded contracts to mediation. Details will be determined by the conflicting parties.
The Consumer has the option of using out-of-court complaint handling and claims enforcement methods. Among other things, the Consumer has the option of: submitting a request to a permanent consumer arbitration court for the settlement of a dispute arising from a concluded contract; submitting a request to the voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings for amicable resolution of a dispute between the Buyer and the Seller; using the assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
For more detailed information on out-of-court complaint handling and claims enforcement methods, the Consumer can refer to the website http://polubowne.uokik.gov.pl.
The Consumer can also use the ODR platform, available at http://ec.europa.eu/consumers/odr. The platform is used to settle disputes between consumers and entrepreneurs seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales contract or a service contract.
§ 12 Final Provisions
The Seller reserves the right to introduce and withdraw offers, promotions, and to change product prices in the Store without prejudice to the rights acquired by the Buyer, especially the terms of agreements concluded before the changes.
The Seller reserves the right to make changes to the Regulations for valid reasons such as changes in legal regulations, technological advancements, or business changes.
For sales agreements and agreements for the delivery of digital content not involving the creation of an account on the course platform for the Buyer, concluded before the change in the Regulations, the Regulations in force at the time of concluding the agreement apply.
In the case of a user account service agreement, the Buyer with a registered user account in the Store is informed of any changes to the Regulations by sending a
message to the email address assigned to the user account. In the absence of acceptance of the new Regulations, the Buyer may terminate the user account service agreement by deleting their user account.
For agreements for the delivery of digital content involving the creation of an account on the course platform for the Buyer, the Buyer with an account on the course platform is informed of any changes to the Regulations by sending a message to the email address assigned to the account. The Consumer or Business Buyer may terminate the agreement only if the change in the Regulations significantly and negatively affects the Consumer's or Business Buyer's access to digital content or its use. The termination can be made within 30 days from notifying the Consumer or Business Buyer of the change. The right to terminate the agreement does not apply to a Buyer other than a Consumer or Business Buyer. Any disputes related to agreements concluded through the Store will be considered by the Polish common court competent for the Seller's registered office or place of permanent business activity. This provision does not apply to Consumers and Business Buyers, for whom the jurisdiction of the court is considered under general principles.
This Regulations are effective from April 17, 2023. All archived versions of the Regulations are available for download in .pdf format - links are provided below the Regulations.
Attachment No. 1 - extract from the Consumer Rights Act Entitlements of the Consumer / Business Buyer in case of non-compliance of goods with the agreement
Article 43d [Repair or replacement]
If the goods do not comply with the agreement, the consumer may demand their repair or replacement. The entrepreneur may exchange the goods when the consumer requests repair, or the entrepreneur may repair the goods when the consumer requests replacement if bringing the goods into conformity with the agreement in the manner chosen by the consumer is impossible or would require excessive costs for the entrepreneur. If repair and replacement are impossible or would require excessive costs for the entrepreneur, the entrepreneur may refuse to bring the goods into conformity with the agreement. In assessing the excessive costs
for the entrepreneur, all circumstances of the case shall be taken into account, in particular, the significance of the non-compliance of the goods with the agreement, the value of the goods in conformity with the agreement, and the excessive inconvenience to the consumer caused by the change in the manner of bringing the goods into conformity with the agreement. The entrepreneur performs the repair or replacement within a reasonable time from the moment the entrepreneur was informed by the consumer about the non-compliance with the agreement, and without excessive inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer acquired them. The costs of repair or replacement, including, in particular, postage, transport, labor, and materials costs, are borne by the entrepreneur. The consumer makes the goods subject to repair or replacement available to the entrepreneur at the entrepreneur's expense. If the goods have been installed before the non-compliance with the agreement is revealed, the entrepreneur dismantles the goods and reinstalls them after the repair or replacement or orders these activities at the entrepreneur's expense. The consumer is not obliged to pay for the ordinary use of the goods that have been subsequently replaced.
Article 43e [Statement of Price Reduction or Withdrawal from the Agreement]
If the product is not in compliance with the agreement, the consumer may make a statement of price reduction or withdrawal from the agreement when: the entrepreneur refused to bring the product into compliance with the agreement according to Art. 43d para. 2; the entrepreneur did not bring the product into compliance with the agreement according to Art. 43d para. 4-6; non-compliance of the product with the agreement still exists, even though the entrepreneur tried to bring the product into compliance with the agreement; non-compliance of the product with the agreement is so significant that it justifies a price reduction or withdrawal from the agreement without prior use of the protection measures specified in Art. 43d; it is clear from the entrepreneur's statement or circumstances that he will not bring the product into compliance with the agreement within a reasonable time or without excessive inconvenience to the consumer.
The reduced price must remain in proportion to the price resulting from the agreement, in which the value of the non-compliant product remains compared to the value of the compliant product. The entrepreneur promptly refunds the amounts due to the consumer as a result of the price reduction, no later than 14 days from the date of receiving the consumer's statement of the price reduction. The consumer cannot withdraw from the agreement if the non-compliance of the product with the agreement is insignificant. It is presumed that the non-compliance of the product with the agreement is significant. If the non-compliance with the agreement concerns only some goods delivered under the agreement, the consumer may withdraw from the agreement only in relation to those goods, as well as in relation to other goods purchased by the consumer along with goods not in compliance with the agreement, if it cannot be reasonably expected that the consumer will agree to retain only goods in compliance with the agreement.
In the event of withdrawal from the agreement, the consumer promptly returns the product to the entrepreneur at the entrepreneur's expense. The entrepreneur refunds the consumer the price promptly, no later than 14 days from the date of receiving the product or proof of its return. The entrepreneur refunds the price using the same payment method that the consumer used, unless the consumer explicitly agreed to a different method of refund that does not involve any costs for them. Consumer Rights / POCK in case of non-compliance of digital content with the agreement
Article 43m [Non-compliance of the content or service with the agreement]
If digital content or a digital service is not in compliance with the agreement, the consumer may demand that they be brought into compliance with the agreement. The entrepreneur may refuse to bring digital content or a digital service into compliance with the agreement if bringing digital content or a digital service into compliance with the agreement is impossible or would require excessive costs for the entrepreneur. When assessing the excessive costs for the entrepreneur, all circumstances of the case shall be taken into account, in particular, the significance of the non-compliance of digital content or a digital service with the agreement, and the value of digital content or a digital service in compliance with the agreement. The entrepreneur brings digital content or a digital service into compliance with the
agreement within a reasonable time from the moment the entrepreneur was informed by the consumer about the non-compliance with the agreement, and without excessive inconvenience to the consumer, taking into account their nature and the purpose for which they are used. The costs of bringing digital content or a digital service into compliance with the agreement are borne by the entrepreneur.
Article 43n [Statement of Price Reduction or Withdrawal from the Agreement]
If digital content or a digital service is not in compliance with the agreement, the consumer may make a statement of price reduction or withdrawal from the agreement when:
● bringing digital content or a digital service into compliance with the agreement is impossible or would require excessive costs in accordance with Art. 43m para. 2 and 3;
● the entrepreneur did not bring digital content or a digital service into compliance with the agreement in accordance with Art. 43m para. 4; ● non-compliance of digital content or a digital service with the agreement still exists, even though the entrepreneur tried to bring digital content or a digital service into compliance with the agreement;
● non-compliance of digital content or a digital service with the agreement is so significant that it justifies a price reduction or withdrawal from the agreement without prior use of the means of protection specified in Art. 43m; it is clear from the entrepreneur's statement or circumstances that he will not bring digital content or a digital service into compliance with the agreement within a reasonable time or without excessive inconvenience to the consumer.
The reduced price must remain in proportion to the price resulting from the agreement, in which the value of digital content or a digital service not in compliance with the agreement remains to the value of digital content or a digital service in compliance with the agreement. If the agreement provides that digital content or a digital service is delivered in parts or continuously, the time during which digital content or a digital service remained not in compliance with the agreement should be taken into account when reducing the price. The consumer cannot withdraw from the agreement if digital content or a digital service is delivered in exchange for payment,
and the non-compliance of digital content or a digital service with the agreement is insignificant. It is presumed that the non-compliance of digital content or a digital service with the agreement is significant.