I. Definitions

The terms used in these Terms and Conditions mean:

1. Customer – a natural person, legal person or organizational unit without legal personality, to which specific legal provisions grant legal capacity, who places an Order in the Store;

2. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);

3. Terms and Conditions – these terms and conditions for the provision of electronic services within the onshop.pl online store;

4. Online Store (Store) – the website available at www.onshop.pl through which the Customer may, in particular, place Orders;

5. Goods – products presented in the Online Store;

6. Sales Agreement – an agreement for the sale of Goods within the meaning of the Civil Code, concluded between Agnieszka Daniel and the Customer through the Online Store;

7. Act on specific conditions of consumer sales – the Act of 27 July 2002 on specific conditions of consumer sales and amendments to the Civil Code (Journal of Laws No. 141, item 1176, as amended);

8. Act on electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

9. Order – the Customer’s declaration of intent aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.

10. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation).

II. General provisions

1. These Terms and Conditions define the rules for using the Online Store.

2. These Terms and Conditions constitute the regulations referred to in Article 8 of the Act on the provision of electronic services.

3. The Online Store operating at www.onshop.pl is run by Agnieszka Daniel with its registered address at ul. Mogilska 42/92, 31-546 Krakow, registered under NIP 6751443528 and REGON 385442998 in the Central Register and Information on Business Activity.

4. These Terms and Conditions define in particular:

a) the rules for registering and using an account within the Online Store;

b) the terms and rules for placing Orders electronically within the Online Store;

c) the rules for concluding Sales Agreements using services provided within the Online Store.

5. Use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:

a) web browser: Internet Explorer 7 or newer, Opera 9 or newer, Firefox 2 or newer, Chrome 1.0 or newer, Safari 5, or another browser supporting cookies.

b) In order to use the Online Store, the Customer should independently obtain access to a computer workstation or terminal device with Internet access.

6. Customers may access these Terms and Conditions at any time via a link placed on the Online Store homepage, and may download and print them.

7. Information about Goods provided on the Online Store pages, in particular descriptions, technical and functional parameters and prices, constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.

8. The Store’s offer is addressed to individual users and business entities and is carried out in accordance with applicable commercial law.

9. Photos and descriptions of Goods, as well as the offered Goods themselves, may differ in details from the images and information placed on the Online Store pages.

10. We make every effort to ensure that the offer presented on the Online Store website is reliable and up to date. However, due to the dynamic nature of sales, published availability of Goods may not always reflect the actual stock level. In the event of temporary unavailability of Goods, we will contact the Customer to individually agree the order fulfilment date or propose another product available for sale.

III. Rules for using the Online Store

1. The Online Store may be used both after registration and without registering in the Store.

2. Registration takes place by completing and accepting the registration form available on one of the Store pages.

3. Registration requires acceptance of the Terms and Conditions and provision of personal data marked as mandatory.

4. Agnieszka Daniel may deprive the Customer of the right to use the Online Store and may restrict access to part or all of the Online Store resources with immediate effect if the Customer breaches the Terms and Conditions, in particular when the Customer:

a) provided false, inaccurate or outdated data during registration in the Online Store, misleading data or data infringing the rights of third parties;

b) through the Online Store infringed the personal rights of third parties, in particular the personal rights of other Customers of the Online Store;

c) commits other actions considered by Agnieszka Daniel to be contrary to applicable law, general rules of Internet use or actions that harm the good name of Agnieszka Daniel.

5. A person who has been deprived of the right to use the Online Store may not register again without prior consent of Agnieszka Daniel.

6. In order to ensure the security of messages and data transmitted in connection with the services provided through the website, the Online Store applies technical and organizational measures appropriate to the level of risk to the security of the services, in particular measures preventing unauthorized persons from obtaining and modifying personal data transmitted over the Internet.

7. The Customer is obliged in particular to:

a) refrain from delivering or transmitting content prohibited by law, including content promoting violence, defamatory content or content infringing the personal rights or other rights of third parties;

b) use the Online Store in a manner that does not interfere with its operation, in particular by not using specific software or devices that could disrupt it;

c) refrain from sending or placing unsolicited commercial information (spam) within the Online Store;

d) use the Online Store in a manner that is not burdensome for other Customers or for Agnieszka Daniel;

e) use all content placed within the Online Store only for personal use;

f) use the Online Store in accordance with the laws applicable in the territory of the Republic of Poland, the provisions of these Terms and Conditions and the general rules of Internet use.

IV. Procedure for concluding the Sales Agreement

1. Information about Goods provided on the Store website, in particular descriptions, technical and functional parameters and prices, constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.

2. In order to conclude a Sales Agreement through the Online Store, the Customer should visit www.onshop.pl, select the Goods and complete the subsequent technical steps based on the messages displayed to the Customer and the information available on the Store website.

2. The Customer selects the ordered Goods by adding them to the cart.

3. After the Customer using the Online Store provides all necessary data, an Order summary will be displayed. The Order summary will include information concerning:

a) the subject of the order, i.e. the Goods;

b) the unit price and total price of the ordered products or services, including delivery costs and any additional costs;

c) the selected payment method;

d) the selected delivery method;

e) the delivery time.

4. During the Order process, until the button “Order with obligation to pay” is pressed, the Customer may modify the entered data and the selected Goods. To do this, the Customer should follow the messages displayed and the information available on the website.

5. In order to place an Order, it is necessary to accept the Terms and Conditions, provide personal data marked as mandatory and press the “Order with obligation to pay” button.

6. Pressing the “Order with obligation to pay” button, i.e. sending the Order by the Customer, constitutes a declaration of intent to conclude a Sales Agreement with Agnieszka Daniel in accordance with these Terms and Conditions.

7. After placing an Order, the Customer receives an e-mail containing final confirmation of all essential elements of the Order.

8. The Sales Agreement is considered concluded when the Customer receives the e-mail referred to above.

9. The Sales Agreement is concluded in Polish and its content complies with these Terms and Conditions.

10. Customers may access these Terms and Conditions at any time through a link placed on the Store pages at www.onshop.pl, and may download and print them.

11. Recording, securing and making available the Order data and the general terms and conditions of the Online Store is carried out by e-mail.

12. The Customer is solely responsible for providing the correct delivery address. If an incorrect delivery address is provided, the Customer will be charged with the cost of returning the parcel.

V. Delivery

1. Deliveries are made within Poland and to selected countries abroad to the address indicated when placing the Order. The order fulfilment time is usually from 2 to 10 business days required to complete, pack and dispatch the ordered goods. For some products this time may be longer and such information is then indicated in the product description.

2. Available delivery methods:

a) courier shipment within Poland,

b) cash-on-delivery courier shipment within Poland,

b) postal shipment.

3. Delivery costs depend on the destination country and the weight of the ordered products. They are calculated on the basis of the carrier’s price list and include packaging costs. In the event of an increase in cost independent of the Store, we will contact the Customer to inform them about the situation and agree further steps. The Customer may cancel the order if the proposed conditions are not acceptable.

4. Delivery costs will also be indicated during the Order process.

5. Customers may access these Terms and Conditions at any time through a link placed on the Online Store homepage, and may download and print them.

6. Recording, securing, making available and confirming to the Customer the essential provisions of the Sales Agreement for Goods is performed by sending them to the e-mail address provided by the Customer and by including a printed confirmation together with a receipt or VAT invoice issued at the Customer’s request in the parcel containing the Goods.

VI. Prices and payment methods

1. Prices of Goods are given in Polish zloty and include all components, including VAT (with the rate indicated), customs duties and any other charges.

2. The Customer may pay the price:

a) in advance, by credit card or bank transfer using PayPal or Przelewy24;

b) cash on delivery through a courier company – only for deliveries within Poland;

c) by bank transfer to Agnieszka Daniel’s bank account held at mBank, account number 38 1140 2004 0000 3102 7971 1449.

VII. Right to withdraw from the agreement

Only a Customer who is a consumer within the meaning of Article 221 of the Civil Code has the statutory right to withdraw from a distance Sales Agreement without giving any reason within 14 days.

To withdraw from the agreement, the Customer must inform Agnieszka Daniel of their decision by an unequivocal statement, for example by sending a letter to the company address provided in these Terms and Conditions or by e-mail to info@onshop.pl.

The Customer may use the model withdrawal form below. The 14-day period is counted from the day on which the Goods were delivered. In the event of effective withdrawal from the Sales Agreement by the Customer, the Sales Agreement is deemed not to have been concluded. Anything provided by the parties is returned in unchanged condition, without signs of use and in the original packaging.

The return should be made immediately, no later than within 14 days. Goods returned by the Customer should be packed properly to prevent damage during transport.

The refund for the Goods will be made after Agnieszka Daniel receives the Goods covered by the agreement.

The Customer bears the cost of packaging and returning the Goods.

Model withdrawal statement – the following statement should be completed and returned only if the Customer wishes to withdraw from the Sales Agreement.

I, ................................................, hereby inform you of my withdrawal from the sales agreement for the following item(s) ................................................................................, offer number ........................................ .

The agreement date is ........................................, the receipt date is ........................................ .

First and last name ................................................................................

Address ................................................................................

Date ................................................................................ Signature (only if the withdrawal is submitted in writing)

VIII. Complaints concerning Goods

The Customer may submit complaints concerning the Sales Agreement to Agnieszka Daniel as the seller at info@onshop.pl or in writing to: Agnieszka Daniel, ul. Wiarusa 38/3, 32-087 Zielonki.

A correctly submitted complaint should include at least:

a) the Customer’s first name, last name, address and e-mail address;

b) the date of conclusion of the Sales Agreement forming the basis of the complaint;

c) the subject of the complaint, including the Customer’s request;

d) all circumstances justifying the complaint.

If the data or information provided in the complaint requires supplementation, before considering the complaint Agnieszka Daniel asks the complainant to supplement it within the indicated scope.

Agnieszka Daniel considers the complaint within 14 days from the date of receiving it in correct form. Failure to consider the complaint within this period means that it is deemed justified.

The response to the complaint is sent to the e-mail address provided by the Buyer or to the postal address.

The Buyer bears the cost of returning the goods. Proof of purchase and a notice containing a detailed description of the complaint and the request resulting from statutory warranty should be attached to the complained goods. The complained goods must not be dirty and should be complete.

Mechanical damage and other damage caused by improper use are not subject to complaint.

Goods accepted for complaint are replaced with identical goods or with other goods agreed with the Customer.

If the complaint is accepted, the cost of shipping new goods of the same or similar weight and dimensions to the Customer is borne by Agnieszka Daniel.

IX. Complaints concerning electronic services

1. Agnieszka Daniel takes actions to ensure the fully correct operation of the Store to the extent resulting from current technical knowledge and undertakes to remove within a reasonable time any irregularities reported by Customers.

2. The Customer is obliged to notify Agnieszka Daniel immediately of any irregularities or interruptions in the operation of the Online Store website.

3. Irregularities related to the operation of the Store may be reported in writing to: Agnieszka Daniel, ul. Wiarusa 38/3, 32-087 Zielonki, by e-mail to info@onshop.pl or using the contact form.

4. In the complaint, the Customer should provide their first and last name, correspondence address, and the type and date of the irregularity related to the Store operation.

5. Agnieszka Daniel undertakes to consider each complaint within up to 30 days, and if this is not possible, to inform the Customer within that period when the complaint will be considered.

X. Warranties

1. All products offered in the Store are brand new and covered by warranty.

XI. Personal data protection

1. Agnieszka Daniel may process personal data for the purpose of fulfilling an order on the basis of Article 6(1)(b) GDPR. The data are obtained from customers. Providing these data is voluntary but necessary to fulfil the order, because without them the sales agreement cannot be concluded.

2. The personal data controller is Agnieszka Daniel, ul. Mogilska 42/92, 31-546 Krakow.

3. By placing an order, the Customer knowingly agrees to the processing and use of their personal data for order fulfilment, handling possible complaints, facilitating future purchases and, where applicable, other informational purposes strictly compliant with applicable law. Data may be processed for an indefinite period in order to facilitate future purchases and provide discount offers.

4. Pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, each Onshop Store Customer using the services of Agnieszka Daniel consents to the processing of their personal data, has the right to access those data, amend them, request deletion from our database, object to processing, restrict processing and request data portability. The data subject also has the right to lodge a complaint with the supervisory authority, which in Poland is the President of the Personal Data Protection Office.

5. Agnieszka Daniel undertakes to keep Customer data confidential, not to disclose them to unauthorized persons and to properly protect them against access by unauthorized persons. The Online Store may not use these data for purposes other than those indicated in the Terms and Conditions.

XII. Final provisions