Joanna Cwynar

Wassermannstrasse 119

12489 Berlin

office@astridberlin.com

(0049) 157 3910 2363

 

 

GENERAL PROVISIONS

§1

1. These are the terms and conditions of use of the astridberlin / THE ABER STUDIO Joanna Cwynar Wassermannnstrasse 119, 12489 Berlin online store, located at astridberlin.com. Hereinafter referred to as the Store.

2. The Agreement shall be concluded in Polish in accordance with Polish law and these Regulations.

3. The customer is obliged to refrain from any activity that could affect the proper functioning of astridberlin Internet Shop, including, in particular, from any interference with the content of astridberlin Internet Shop or its technical elements, including the delivery of illegal content. It is forbidden to use astridberlin Internet Store for purposes other than its intended use.

 

ORDER PROCESSING CONDITIONS AND PRODUCT PRICES

§2

1. If you want to place an order in astridberlin Online Store you should place your order via the website www.astridberlin.com.

2. Placing an order by the Customer means making an offer to conclude a sales agreement (purchase) of the ordered product.

3. After completing the order list of Products, in the Shopping Cart area the Customer determines: the method of Delivery of the Products, by selecting the appropriate delivery option,the method of payment, by selecting the appropriate payment option.

4. If the Customer is a logged-in Customer Account holder, he/she proceeds to the next stage of order placement as a logged-in Customer

5. If the Customer is not a logged-in Account holder, he chooses how to place the order by using the button

a). “Login”, using your Customer Account. Then the customer proceeds to the next stage of order placement

b). “Registration”, using the Customer Account to be registered. Then the Customer registers for a Customer Account and uses it to proceed to the next stage of ordering.

6. After selecting the method of ordering, the Customer provides:

a). billing information for invoicing purposes,

b). delivery information, including the Delivery address.

7. Placing an order shall be preceded by the Customer receiving, through the display in the shopping cart area, information about the total price of the order including taxes and related costs, in particular delivery and payment costs.

8. Placing an order can take place by using the “Buy and place” field in the shopping cart and is equivalent to making an offer to the Seller by the Customer to conclude a Sales Agreement for the Products included in the order.

9. Placed order can be changed by the Customer until the receipt of information about the shipment by the Seller.

10. A change to an order may include cancellation, partial cancellation, extension to additional Products, change of Delivery address.

11. The Seller shall immediately inform the Customer about the inability to implement the order, if there are circumstances causing it. Provision of this information is made by telephone or electronically using the Customer’s Contact Information. The information may include the following ways to modify the order:

a). cancellation in the unfeasible portion, resulting in a recalculation of the contract value,

b). to divide the Products to be delivered into a part for which delivery is possible and a part for which delivery will be at a later date, which shall not result in a recalculation of the order value,

c). cancellation of the order in its entirety, resulting in cancellation of the order value.

12. Confirmation of order acceptance is done by sending an e-mail by the Seller to the e-mail address specified in the Client’s Contact Details. Confirmation of order acceptance is equivalent to the Seller’s acceptance of the offer to conclude a Sales Agreement, made by the Client.

13. Information about products available in the assortment of online store astrid-berlin.com constitute an invitation to conclude a contract within the meaning of art. 71 Act of April 23, 1964. Civil Code.

14. The prices of the products indicated on the website of the Online Store astridberlin.com:

a) include VAT tax and are given in Polish zloty or Euro

b) do not include delivery costs. Delivery costs depend on the method of delivery of the product to the Customer, the value and size of the order and are given when the Customer chooses the method of delivery of the product. The total cost of the order (i.e. the price of the products including delivery costs) is indicated in the form before the Customer places the order.

15. Shop astrid-berlin.com reserves the right to make changes in product prices on an ongoing basis and to conduct and cancel all kinds of promotional campaigns and sales. The entitlement referred to in the preceding sentence shall not affect orders placed before the effective date of the price change, promotional terms or sale.

16. Promotions in the online store astridberlin.com are not cumulative, unless the rules of the promotion states otherwise.

 

SALE

§3

1. Seller renders to Customers the service of remote sales of Products, through the Store.

2. The subject of the Sales Agreement includes the Seller’s obligation to transfer ownership of the Products to the Client and to release them, as well as the Client’s obligation to collect the Products and pay the price of the Products to the Seller.

3. The Seller reserves the right to conduct promotional campaigns, consisting of a reduction in the price of the Product until a specified date or the exhaustion of the stock of Products subject to promotion.

4.The release of the Products shall take place immediately and no later than within 10 Business Days.

5.The delivery time of the Products may change if the Customer changes the order.

6. the release of the Products takes place through the Carrier to the address provided by the Customer

7. The release of Products takes place not earlier than after payment by the Customer.

8. The Seller confirms the release of the Products to the Carrier for Delivery, to the address provided by the Customer when placing the order, by sending an email to the Customer’s email address.

9. Danger of accidental loss or damage to the item passes to the Consumer at the time of its release to the Customer by the carrier.

 

PAYMENTS

§4

1. The value of payment for the Sale is determined based on the price list of the Products, located on the Seller’s website at the time of ordering the Product. The prices given on the Store’s website next to a given Product are gross prices given in
Polish zloty or euro and include the value of VAT, but do not include the costs of Product delivery and selected form of payment.

2.Transaction and Product Delivery costs shall be borne by the Customer.

3. The total price of an order, shown in the shopping cart area before placing the order and after selecting the method of Delivery of the Products and payment, includes the price of the ordered Products plus any tax due and any related costs, in particular Delivery and transaction costs. Łączna cena zamówienia jest wiążąca dla Sprzedawcy i Klienta.

4. Store allows the following methods of payment for the provided Sales Services:

a). Transfer to the Store’s bank account, which should include the Seller’s identifying information, which is located immediately below the content of these Terms and Conditions. In the title of the transfer, please give the name and surname of the Buyer and enter the order number

b). by transfer using an external payment system Pay U or Paypal,

c). in cash on delivery

5. The due date for payment shall be at the time of delivery of the Product.

6. The invoice or VAT invoice for the Sales Service together with the Terms and Conditions are attached to the Products to be released or sent by email to the Customer’s email address.

7. The Customer agrees to receive invoices in electronic form.

8. Reimbursement of payments by the Seller shall be made immediately, no later than within 14 days from the date of the cause, in the case:

a). withdrawal from the Agreement by the Consumer,

b). cancellation by the customer of an order or part of an order paid for before processing,

c). recognition by the Seller of the claim subject to a complaint in whole or in part on the basis of generally applicable regulations

9. Reimbursement shall be made using the same method of payment as that used by the Customer in the original transaction, unless the Customer agrees to a different solution that does not involve any costs to him.

10. The Seller shall not be obliged to reimburse additional costs incurred by the Customer for delivering the Products, if the Customer chose a method of delivery of the Products other than the cheapest ordinary method of delivery offered by the Seller.

 

SHIPPING

§5

1. Orders for Products can be placed through the Store website 7 days a week and 24 hours a day, using the Shopping Cart function. After completing the order list of Products, in the Shopping Cart area, the Customer proceeds to complete the order.

2. Possible Shipping Options:

a). personal collection

b). post office – priority parcel with delivery confirmation

c). courier

 

POSTAGE

§6

1. Seller agrees to sell the product free of physical defects. The Buyer should pay attention to the condition of the parcel/product upon its receipt, and in particular check whether the parcel is not damaged, e.g. mechanically, whether the protection bears no signs of tampering (damaged packaging). If the Buyer finds any damage, he should open the package in the presence of the courier and check whether the ordered goods have not been damaged during transport. If the products turn out to be damaged, a complaint report should be written down with the deliverer.

2. The Seller shall not be liable for non-delivery of goods, delay in delivery of ordered goods or order execution resulting from incorrect or inaccurate delivery address provided by the Buyer.

 

ORDER CANCELLATION AND WITHDRAWAL FROM THE CONTRACT

§7

1. In accordance with the Act of May 30, 2014. on consumer rights (Journal of Laws of 24 June 2014, Journal of Laws 2014.827 ), the Buyer has the opportunity to cancel the purchase made within 14 days , without giving reasons. The product must be returned in unaltered condition (it cannot be used or damaged). In the case of continuous use of the product, its value shall be reduced in relation to the degree of its exploitation, which will result in the Seller reserving the right to reduce the cash refund amount relatively. The 14-day period is calculated from the day you receive the product. Along with the returned products you must send a protocol – a statement of withdrawal from the contract concluded at a distance. In such a statement, the purchaser’s personal and address information, details of the returned shipment (contents, quantity, price, etc.) must be entered and certified with a handwritten signature, and the receipt must be attached. Return of goods in an unchanged state (goods must be returned in the original packaging) should take place immediately, no later than within 14 days from the statement of withdrawal from the contract. Refunds for returned orders will be made within 14 days of receipt of the product by the seller to the bank account specified by the customer.

2. The right of withdrawal does not apply to the Consumer in relation to the contract (pursuant to Article 38 of the Act of 30 May 2014 on consumer rights – consolidated text of 24 June 2014, Journal of Laws of 2014, item 827):

a). for the provision of services, where the trader has performed the service in full with the express consent of the consumer, who was informed before the performance, that after the performance by the trader will lose the right of withdrawal;

b). in which the subject matter of the supply is an item delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery;

3. Seller may refuse to satisfy the request of the Customer, if to bring the defective Product to conformity with the Agreement in a manner selected by the Customer is impossible or in comparison with other possible ways to bring it to conformity with the Agreement would require excessive costs.

4. Right of withdrawal is not entitled to the Customer in relation to the offered, individually decorated bag (e.g. personalization),because they are products non-refabricated, manufactured to the consumer’s specifications or to meet his individualized needs; (pursuant to Article 38 of the Act of 30 May 2014 on consumer rights – consolidated text of 24 June 201 4, Journal of Laws of 2014, item 827).

 

PERSONAL DATA

§8

1. Customers’ personal data are protected in accordance with the Act of August 29, 1997. on the protection of personal data.

 

FINAL PROVISIONS

§9

1. All trademarks, graphics such as logos and images posted on the Store website to present Products are subject to copyright of their respective owners.

2. The store’s Internet domain, its logos, name and Regulations are copyright property and subject to legal protection.

3. Seller agrees to make reasonable efforts to enable the proper functioning of the Store and to assist in solving technical problems related to its operation.

4. Seller undertakes to carry out activities aimed at protecting data contained in the Customer’s Account from unauthorized access and use. The customer is responsible for the consequences of disclosure of his login or password to third parties.

5. Seller’s liability to customers who are not consumers in respect of provided Electronic Services is limited to the amount due for the service provided.

6. Seller shall not be liable for:

a). interruptions in the proper functioning of the Store and improper performance of Electronic Services, caused by force majeure,

b). interruptions in the proper functioning of the Shop and improper performance of Electronic Services for non-consumer customers, caused by technical operations or causes attributable to the entities by which the Shop provides Electronic Services,

c). benefits lost by the Customer who is not a Consumer,

d). consequences of the use of access data to the Customer’s Account by third parties, if they came into possession of them as a result of infringement of the provisions of the Regulations by the Customer, damages caused by Customer’s violation of the provisions of the Regulations.

7. In matters not covered by the Regulations, the provisions of Polish law, in particular the Civil Code and the provisions of the Act of 30 May 2014 shall apply. On consumer rights (Journal of Laws of 24 June 2014, Journal of Laws 2014.827 ).

 

These Terms and Conditions are effective as of 08.12. 2016.

 

 

Information on data processing

Based on Art. 13 of the Act 1 and the Act 2 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.4.2016. on the protection of individuals with regard to the processing of personal data, repealing Directive 95/46/EC (hereinafter: RODO), I inform you that:

Data Controller:

Administratorem Pani/Pana danych osobowych jest ASTRID berlin, Joanna Cwynar & Izabela Abdelmoumene GbR z siedzibą w Berlinie, Spindelmühler Weg 31, kod pocztowy 12205, e-mail: office@astridberlin.com, tel. (0049) 157 3910 2363.

Purposes of personal data processing and legal basis for processing:

The processing of your personal data includes:

• in order to conclude a contract for the provision of services based on your interest in our offer (basis of art. 6(1)(b) of the Regulation (EU) 2016/679/EU of the European Parliament and of the Council of 27.04.2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Dz.Urz. UE L 119, s. 1) – hereinafter RODO
• for the purpose of possibly establishing or defending against claims in pursuit of our legitimate interest (basis under Article 6(1)(f) of the RODO);
• for customer satisfaction surveys, to determine our customers’ satisfaction with our products

Period of retention of personal data:

• Personal data resulting from the conclusion of a contract will be processed for the period during which claims related to this contract may arise, i.e. 10 years from the end of the year
• Data processed for the marketing of products will be processed until you object to its processing.

Right of access to personal information:

You have the right of access to your personal data, the right to rectification, erasure and restriction of processing. In addition, also the right to withdraw consent at any time without affecting the lawfulness of the processing.

The right to lodge a complaint with a supervisory authority:

You have the right to lodge a complaint with the President of the Office for Personal Data Protection if you consider that the processing of personal data concerning you violates the provisions of the RODO.

Consequences of not providing personal information:

Providing your personal data is a condition for concluding a contract, and failure to provide it will result in inability to conclude the aforementioned contract.

Your personal information may be accessed by, for example, accounting firms, law firms, IT firms, etc.