Terms and Conditions for the Online Shop – www.illustellar.com
I. General provisions
1. These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop illustellar.com. The Shop is operated by Ewa Kleszcz conducting business activity under the business name illustellar Ewa Kleszcz, entered to the Central Registration and Information on Economic Activity (CEIDG) maintained by the Minister of Entrepreneurship and Technology, address: Jurija Gagarina 7/1 Street, (ZIP Code) 00-753 Warsaw, Poland, Number (NIP): Taxpayer Identification 5213138558, National Official Register of Business Entities (REGON) number: 141869326, hereinafter referred to as the Seller.
2. The Seller may be contacted by:
a. email: hello.illustellar@gmail.com;
b. phone: : +48 694 068 593.
3. These Terms and Conditions are always available at the website illustellar.com, which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
4. The Seller informs that taking advantage of services provided electronically may be associated with a risk to any user of the Internet of introducing a malware on a computer system or obtaining and modifying Customers’ data by unauthorized persons. Therefore the Customer should apply appropriate technical measures to minimize the above-mentioned risks, in particular by the use of antivirus and firewall.
II. Definitions
The terms used in these Terms and Conditions shall have the following meaning:
1. Business Days – these shall be the days from Monday to Friday, excluding public holidays;
2. Customer – a natural person with a full legal capacity, a natural person who conducts a business activity, a legal entity or an organizational unit without legal personality, vested with a legal capacity by special provisions, who places the Order in the Online Shop or uses other Services available in the Online Shop;
3. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, Item 93, as amended);
4. Account – a section of the Online Shop ascribed to the Customer that he can use to perform specific actions in the Online Shop;
5. Consumer – the Customer being a consumer within the meaning of the provisions of Article 22 [1] of Civil Code;
6. Entrepreneur –the Customer being an entrepreneur within the meaning of the provisions of Article 43[1] of Civil Code;
7. Terms and Conditions – this document;
8. Goods – the product presented in the Online Shop, with its description available with each of the presented products;
9. Sales Agreement – a sales agreement of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
10. Services – the services rendered electronically by the Seller for the benefit of Customers within the meaning of the provisions of the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
11. Act on Consumer Rights – the Act on Consumer Rights dated 30 May 2014 (Journal of Laws 2014, No. 827);
12. Act on Rendering Electronic Services – the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
13. Order – declaration of the Customer’s will leading directly to the conclusion of a Sales Agreement, specifying, in particular, the kind and amount of Goods.
III. Terms of Use for the Online Shop
1. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements:
a. a computer or a mobile device with access to the Internet;
b. access to electronic mail;
c. a browser Internet Explorer – version 11 or newer, Firefox – version 28.0 or newer, Chrome – version 32 or newer, Opera – version 12.17 or newer, Safari – version 1.1. or newer;
d. Cookies and Javascript turned on in the web browser.
2. Using the Online Shop shall mean every activity of the Customer which familiarizes him with the Shop content.
3. The Customer shall be obliged in particular:
a. not to provide and not to transfer any content forbidden by provisions of law, e.g. the content which is defamatory, promotes violence or infringes personal rights and other rights of third parties;
b. to use the Online Shop in the manner not interfering with its functioning, in particular by using specific software or devices;
c. not to perform any actions such as: sending unsolicited commercial information (spam) or placing it within the Online Shop;
d. to use the Online Shop so as not to disturb other Customers and the Seller;
e. to use all the content within the Online Shop solely for one’s own personal purposes;
f. to use the Online Shop in accordance with the provisions of law applicable at the area of the Republic of Poland, with the Terms and Conditions, and also with the general rules governing the use of the Internet.
IV. Services
1. The Services are made available by the Seller in the Online Shop free of charge and are rendered by the Seller 24 hours a day, 7 days a week.
2. The Service which involves maintenance of an Account in the Online Shop shall be available upon registration. To register it is required to fill out and accept the registration form available on one of the Online Shop websites. The agreement for the provision of service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the account or uses the button “Delete Account” (Polish: “Usuń Konto”).
3. The Customer may receive the Seller’s commercial information in the form of messages sent to the Customer’s electronic mail address (the Newsletter service). To receive such information, the Customer must provide a valid electronic mail address or activate an appropriate field in the registration form or the Order form. The Customer may, at any time, withdraw his consent to receive commercial information. The Agreement for the provision of the Newsletter service shall be concluded an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he or she unsubscribes by the link included in the message sent as part of the Newsletter service.
4. The Customer has a right to place within the Online Shop individual and subjective comments regarding e.g., the Goods, or transaction. The Customer by placing before mentioned comments stipulates that he/she owns all rights to those comments, especially copyrights, related rights, and industrial property rights. Agreement for the provision of services including placement of comments within the Online Shop regarding the Goods is concluded for a fixed-term period of time, and lapse with the moment of placement of the comment within the Online Shop.
5. Comments shall be clear and understandable, furthermore, they shall not infringe provisions of law, including third parties rights – especially be of a libelous character, infringe personal rights or constitute an act of unfair competition. Shared comments are distributed within the Online Shop web pages.
6. By placing a comment, the Customer agrees for unpaid usage and publication of that comment by the Seller, and further agrees for the derivation of work within the meaning of Copyrights and Related Rights Act (Journal of Laws 1994 No. 24, Item 83, as amended).
7. The Seller shall have the right to organize occasional competitions and promotions, the terms of which shall always be presented on the Shop websites. The Online Shop promotions may not be combined unless the Terms and Conditions for the given promotion provide otherwise.
8. If the Customer breaches these Terms and Conditions, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may terminate the agreement for the provision of Services upon a 14 days’ notice.
V. The Conclusion Procedure for the Sales Agreement
1. Information about the Goods as provided on the Shop websites, in particular, their descriptions, technical and functional parameters, as well as prices, constitute an invitation to the conclusion of an Agreement within the meaning of Article 71 of the Civil Code.
2. All the Goods available in the Online Shop are free of physical and legal defects and have been legally introduced to the Polish market.
3. To place an Order, an active electronic mail account is required.
4. If the Order is placed via the Order form available on the Online Shop website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Goods being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends – to the electronic mail address provided by the Customer – a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Sales Agreement shall be concluded.
5. The sales Agreement shall be concluded in English, and its provisions shall correspond to the Terms and Conditions.
VI. Delivery
1. Delivery of the Goods is not limited to the territory of the European Union and is performed to the address indicated by the Customer when placing the Order.
2. Delivery of the Goods takes place via Printful to the address indicated by the Customer. Information regarding the delivery may be accessed via following link: www.printful.com/policies.
3. In case of certain Goods offered via the Online Shop, such as e.g., postcards sets, the delivery shall be performed by the Seller.
4. On the Shop websites, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges. In case of realization of the order via Printful, time as well as delivery charges of the Order may be accessed by the following link: www.printful.com/shipping, and are subject to change in accordance with form of delivery offered by Printful chosen by the Customer
5. The deadline for delivery and processing of the Order shall be calculated per Business Days, in accordance with Paragraph VII Subparagraph 2.
6. The Seller shall, according to the Customer’s will, deliver an invoice, if it was requested in 3 months term, starting from the end of the month in which goods were delivered, or the payment (whole, or partial) was made.
7. If the ordered Goods have different delivery deadlines, the longest deadline shall apply to the whole Order.
VII. Prices and methods of payment
1. The prices for the Goods are provided in USD. Certain components of the price, like VAT, customs duties and other fees shall be charged to the Customer, and may differ depending on the country of delivery.
2. The Customer realizes the payment via electronic means (in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Seller receives information from the system of the payment processing agent that the Customer has made the payment). After receiving the payment the Seller sends the Order to realization to the Printful company, which after completing of the Order sends the Goods to the Customers address, according to the policy available at: www.printful.com/policies.
3. On the Shop websites, in the description of the Goods, the Seller informs the Customer about the time when the Customer must make the payment for the Order. If the Customer fails to make the payment within the time specified in the previous sentence, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may withdraw from the Sales Agreement under Article 491 of the Civil Code.
VIII. The right to withdraw from the Agreement
1. The Customer who is a Consumer may withdraw from the Agreement without specifying the reason by submitting an appropriate declaration within 14 days. To keep this deadline it is enough to send this declaration before its lapse.
2. The Consumer may compose the declaration by himself/herself or use the form of declaration of withdrawal from Agreement available on the Online Shop.
3. The 14-days’ deadline shall be calculated from the day when the Goods were delivered or in the case of an Agreement for Services from the day it was concluded.
4. Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from Agreement to the Consumer’s electronic mail address.
5. The right to withdraw from Agreement by the Consumer shall be excluded in the following cases:
a. Provision of Services, if the Seller fully performed the Service and the performance has begun with the Consumer’s prior express consent, and with the acknowledgment that he will lose his right of withdrawal once the contract has been fully performed by the Seller
b. the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period
c. for an agreement where the subject of the service are non-prefabricated Goods manufactured as per the specifications of the Consumer or serving to satisfy his unique needs;
d. for an agreement where the subject of the service are Goods undergoing rapid spoiling or Goods that have a short shelf life.
e. for an agreement where the subject of the service are Goods delivered in sealed packaging, which one opened is non-returnable for health or hygiene reasons if the packaging has been opened after delivery.
6. In case of Goods available on the Online Shop which are non-prefabricated, manufactured as per the Consumer’s specifications the right to withdraw from the Agreement is excluded on the bases of art. 38 section 3 of the Act on Consumer Rights.
7. In case of Goods available on the Online Shop which are delivered in the sealed packaging which one opened is non-returnable for health or hygiene reasons, if the packaging has been opened after delivery the right to withdraw from the Agreement is excluded on the bases of art. 38 section 5 of the Act on Consumer Rights.
8. In case of Goods available on the Online Shop which constitute digital content which is not supplied on a tangible medium and the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal, Consumer the right to withdraw from the Agreement is excluded on the bases of art. 38 section 13 of the Act on Consumer Rights.
9. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed as not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular, to determine the nature, features, and functioning of the item. The items should be returned immediately, not later than within 14 days. The purchased Goods should be returned to the address Printful: Starta 1, 2nd bldg., 3rd fl., Riga, Latvia LV-1026, or 11025 Westlake Drive, Charlotte, NC 28273, USA depending on the place of giving the package to the Customer, and according to the policy of returns available at: https://www.printful.com/faq/terms-policies-returns/returns/38-where-are-returns-sent. In case of Goods which were sent by the Seller, according to the point VI subpoint 3, address for the returns in same as the address of the Seller, i.e. illustellar Ewa Kleszcz, Jurija Gagarina 7/1 street, 00-753 Warsaw, Poland.
10. The Seller shall immediately, but not later than within 14 days from receipt of the Consumer’s declaration on withdrawal from the Agreement, return to the Consumer all the payments the Customer has made, including the costs of delivery for the Goods. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer. The Seller may withhold the refund of payment received from the Consumer until the Seller receives the returned item or the Consumer provides a proof of its return on the address presented in section 8, whichever comes first.
11. If the form of delivery of the Goods selected by the Consumer is other than the least expensive, regular form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Consumer any additional costs the Customer has incurred.
12. The Consumer shall only incur the direct cost of return of the Goods, unless the Seller has agreed to incur that cost.
IX. Complaints for the Goods under warranty
1. The Seller undertakes to deliver Goods free from defects.
2. The Seller shall be liable towards the Customer who is a Consumer, under warranty for defects in accordance with the provisions laid down in Article 556 – 576 of the Civil Code.
3. Complaints arising out of a breach of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to the address of the Seller or Printful, depending on provided data in the delivered Order, at the same time informing the Seller via email address: hello.illustellar@gmail.com.
4. In order for the complaint to be processed, the Customer should send or deliver the Goods in question, to the address: Printful: Starta 1, 2nd bldg., 3rd fl., Riga, Latvia LV-1026, or 11025 Westlake Drive, Charlotte, NC 28273, USA depending on the place of giving the package to the Customer, and according to the policy of returns available at: https://www.printful.com/faq/terms-policies-returns/returns/38-where-are-returns-sent. In case of Goods which were sent by the Seller, according to the point VI subpoint 3, address for the returns in same as the address of the Seller, i.e. illustellar Ewa Kleszcz, Jurija Gagarina 7/1 street, (ZIP Code) 00-753 Warsaw, Poland.
5. The Seller undertakes to process complaints in accordance with Polish law, or Printful policy available at: www.printful.com/policies.
6. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
X. Complaints for electronic services
1. The Customer may complain to the Seller about the functioning of the Shop and using the Services. Complaints may be submitted in writing to the following address: illustellar Ewa Kleszcz, Jurija Gagarina 7/1 street, (ZIP Code) 00-753 Warsaw, Poland, or to the electronic mail address: hello.illustellar@gmail.com.
2. In the complaint, the Customer should indicate his/her name and surname, address for correspondence, the kind and description of the present problem.
3. The Seller undertakes to process each complaint within 14 days, and if this is not possible – to inform the Customer within that time when the complaint will be processed. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, within 7 days from the date when the Customer received the request.
XI. Out-of-court ways of settling complaints and pursuing claims
1. The Customer who is a Consumer has, among others, the following possibilities to use the out-of-court ways of settling complaints and pursuing claims:
a. the right to refer to a permanent amicable consumer court operated by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement;
b. the right to refer to the voivodeship inspector of the Commercial Inspection with a request to initiate mediation proceedings for amicable settlement of the dispute between the Customer and the Seller;
c. may obtain free support for the settlement of the dispute between the Consumer and the Seller, using also the support of the poviat (municipal) consumer rights adviser or a social organization whose statutory tasks include protection of Consumers (among others, the Federation of Consumers, the Society of Polish Consumers). The advice is provided by the Federation of Consumers on the toll-free number of consumers’ hotline +48 800 007 707 and by the Society of Polish Consumers at the electronic mail address porady@dlakonsumentow.pl.
d. may report his/her complaint via the European ODR platform available at the address: http://ec.europa.eu/consumers/odr/.
XII. Protection of personal information
The Seller collects and processes the personal information of the Customers in accordance with applicable provisions of law and with the Privacy Policy, available on the Shop’s website.
XIII. Final Provisions
1. All and any rights of the Online Shop, including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website, and also to forms, logotypes are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions.
2. Any disputes arising between the Seller and the Customer who is a Consumer shall be settled by competent courts in accordance with applicable provisions of the Code of Civil Procedure.
3. Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by a competent court of jurisdiction proper for the seat of the Seller.
4. The matters not provided for in these Terms and Conditions shall be governed by the provisions of the Civil Code, the Act on Rendering Electronic Services, the Act on Consumer Rights and other applicable provisions of Polish law.
5. Each Customer shall be informed about any changes to these Terms and Conditions by the information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the new content of the Terms and Conditions, he shall be obliged to inform the Seller about it within 14 days from being informed about the amendment of the Terms and Conditions. Failure to accept shall result in termination of Agreement.
Form of withdrawal from sales agreement
