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Terms & Conditions

Terms & Conditions of the Internet store

§1

Preliminary provisions

The Internet store Somethingwhite (name of the store), available at the web address https://somethingwhite.shoplo.com (new website: https://www.somethingwhite.pl), is managed by Anna Nowak-Krzywańska running the economic activity under the company name Somethingwhite Anna Nowak-Krzywańska, entered into the Central Registration and Information on Business kept by the Minister in charge of Economy, NIP 655-19-31-074, REGON 385896593.

§2

Definitions

Seller – a natural person running the business activity under the company name Somethingwhite Anna Nowak-Krzywańska, entered into the Central Registration and Information on Business kept by the Minister in charge of Economy, NIP 655-19-31-074, REGON 385896593.
Customer – each entity making a purchase via Store.
Store – the Internet store managed by the Seller at the web address: https://somethingwhite.shoplo.com (new website: https://www.somethingwhite.pl).
Distance contract – a contract concluded with a Customer within frameworks of an organized system of conclusion of contracts at a distance (within the Store), without a concurrent physical presence of the parties, with an exclusive use of one or more means of distance communication until and including the moment of conclusion of the contract.
Terms & Conditions – regulations of the Store.
Order – Customer’s declaration of will submitted via an Order Form and directly aimed at conclusion of the Sales Agreement of the Product or Products with the Seller.
Account – Customer’s account in the Store, data provided by the Customer and details of Orders placed in the Store, are collected and stored therein.
Registration form – a form available in the Store, enabling to create the Account.
Order form – interactive form available in the Store enabling to place an Order, in particular by putting products in the Basket and by defining the terms of the Sales Agreement, inclusive of the method of delivery and payment.
Basket – element of the Store software, where products selected for purchase by the Customer are visible, and where an option of setting and modification of the Order details, especially a quantity of products, is also ensured.
Product – movable item/service available in the Store, being the subject of the Sales Agreement between a Customer and a Seller.
Sales Agreement – sales agreement of the Product being concluded or concluded between a Customer and a Seller via the Internet Store. The Sales Agreement is also understood as – compliance with the Product features – a contract for the provision of services and a specific task contract.

§3

The Store Contact details

Seller’s e-mail address: somethingwhite5@gmail.com
Seller’s bank account no. 34109025900000000144674206
Customer can contact with the Seller by means of e-mail address given in this paragraph.

§4

Technical requirements

In order to avail oneself of the store, including browsing of the Store’s assortment and placing of orders on Products, necessary are as follows:
1. 1. user’s device with access to the Internet and the Web browser,
  2. active electronic mail account (e-mail),
  3. enabled cookie files,
  4. installed FlashPlayer program.

§5

General information

To the fullest extent permitted by the applicable law, the Seller shall not be liable for any disruptions, including interruptions in the Store’s operating activity caused by force majeure, unlawful acts by third parties or incompatibility of the Internet Store with the Customer’s technical infrastructure.
Browsing of the Store’s assortment does not require setting up of the Account. Placing orders by the Customer on Products available in the Store’s assortment is possible by providing necessary personal and address data enabling the execution of an Order without the need to establish an Account.
Prices listed in the Store are given in Polish zloty and are gross prices (include value-added tax).
The final (ultimate and total) sum to be paid by the Customer comprises the price of the Product and the delivery cost (including transport, delivery and postal service fees), of which the Customer is apprised on websites of the Store while placing an Order, and also while declaring his/her will of being bound by the Sales Agreement.
If the nature of the Agreement’s subject does not allow, by judging sensibly an earlier calculation of the final sum of the (ultimate) price, information on the method, by which the price shall be calculated, and also on transport, delivery and postal service fees and other costs, shall be provided in the Store in the Product description.

§6

Terms of placing an order

In order to place an Order, it is necessary that:
1. 1. the Product being the subject of the Order is selected, and then “Put in the basket” button is clicked;
  2. the Order Form is completed with the Order recipient’s data and e-mail address, to which the Product shall be delivered.
  3. „Order” button is clicked,
  4. one of available methods of payment is selected for an order to be paid.

§7

Offered methods of delivery and payment

Customer can use the following methods of delivery or receipt of an ordered Product : e-mail dispatch.
Customer can use the following payment methods :
1. 1. Electronic payments
  2. Payment by cash card
Entity providing payment services is Tpay (Krajowy Integrator Płatności S.A.).
Detailed information on delivery methods and acceptable payment methods are provided on the Store’s websites.

§8

Performance of the sales agreement

Conclusion of the Sales Agreement between a Customer and a Seller ensues upon prior placing of an Order by the Customer via Order Form in the Internet Store pursuant to § 6 of Terms and Conditions.
Upon receipt of information of the payment made, the Seller will send a message to an e-mail address given by the Customer during purchasing, with information confirming receipt of the amount due for ordered products and with information of products download method.
When paying by card, execution of the order follows a positive authorization.

§9

Right of withdrawal from the agreement

Considering the character of sold products (the service, which due to their nature cannot be returned), a Customer shall not have any possibility of withdrawal from the agreement or cancellation of the order upon making payment for the product.
Prior to purchase of a book in electronic version, a Customer ought to make sure whether a device by means of which he/she intends to play it, supports the format, in which it is saved.

§10

Complaint and warranty

Customer is entitled to lodge a complaint to the Seller’s e-mail address: somethingwhite5@gmail.com in the case when:
1. 1. a purchased product appears to be damaged or cannot be activated,
  2. a customer makes payment for a product, and the product is not delivered within 24 hours since correctly finalized payment.
Seller shall address a complaint within a time limit not exceeding 14 days.
A moment of receiving by the Seller of the confirmation of an order placed by a Customer shall be deemed to be a moment of concluding a sales agreement.
Considering the character of sold products (the service, which due to their nature cannot be returned), a Customer shall not be vested with right of withdrawal from the agreement within 10 days since the date of entering into the agreement pursuant to the Act of March, the 2^nd, 2000 on “protection of certain consumer rights and liability for damage caused by dangerous product”.
Refund in the case of a positive consideration of complaint by the Seller shall be made in a manner arranged with a Customer, within 7 working days from the moment of notifying a Customer of settlement of the complaint to his/her advantage.

§11

Safety and copyright protection

All products offered by the Seller are covered by protection provided for in the Act, date of 4^th February, 1994 on copyright and related rights and they may be used solely on terms laid down in these terms and conditions.
Customer is entitled to make solely personal use of the products purchased from the website https://somethingwhite.shoplo.com (new website: https://www.somethingwhite.pl), in conformity with effective legal provisions. Customer is not allowed to render products available to other parties.
Customer is not allowed and entitled to:
1. 1. 1. either distribute or place the products purchased with the Seller partially or in full on the market;
    2. use products purchased with the Seller for commercial purposes,
    3. modify the products purchased with the Seller.
Customer is obliged to ensure that no unauthorized persons use the products purchased with the Seller unlawfully and in breach of terms and regulations.
In case that unlawful use of products purchased with the Seller is disclosed, the Seller may raise a claim in this respect against the customer.
Seller shall not be held responsible for non-delivery of e-mail with information concerning execution of orders for reasons beyond the Seller’s control.

§12

Content of the license for use of e-books purchased with the Seller

E-book’s copy purchased with the Seller is intended for the personal use only within limits of the granted license. All rights are reserved unless copyright owner grants an express license. Except for cases admissible by law or the event of obtaining a consent from a copyright holder, any acts of distribution, modification, screening, renting, public display or other forms of diffusion of contents of this copy or its fragments or parts is strictly prohibited. The purchased copy cannot be an object of re-sale or distribution and commercial sale.

§13

Personal data in the Web Store

Administrator of Customers’ personal data collected via the Internet Store is the Seller.
Customers’ personal data collected by the administrator via the Internet Store are collected for the purpose of performance of the Sales Agreement, and also for marketing purposes.
Recipients of the personal data of the Web Store’s Customers may be as follows:
1. In case of the Customer, who uses electronic methods of payment or payment by bank card, the Administrator shall provide a given entity handling aforesaid payments in the Web Store with an access to stored personal data of the Customer.
Customer has the right of access to contents of his/her data and their revision.
Provision of personal data is voluntary, yet failing to provide personal data indicated in the Terms and Regulations and necessary for conclusion of the Sales Agreement shall result in lack of possibility of entering into this agreement.

§14

Final provisions

Agreements entered into via the Web Store are concluded in the Polish language.
Seller reserves the right to modify the Terms and Conditions for legitimate reasons, that is: revision to rules of law, change to methods of payment and delivery – to the extent to which these changes affect fulfillment of provisions laid down in these Terms and Regulations. Seller shall notify a Customer of each amendment by giving him/her at least 7 days’ prior notice.
In cases unregulated by these Terms and Conditions, generally binding rules of Polish law shall be applicable, in particular: the Civil Code; acts on provision of services by electronic means; acts on consumer’s rights, act on personal data protection.
Customer is entitled to use out-of-court ways of consideration of complaints and seeking claims. To this end, he/she may file a complaint via EU web platform, ODR available at the address: http://ec.europa.eu/consumers/odr/.