§1. DEFINITIONS

The following definitions are used in these Terms and Conditions:

k.c. (c.c.) – Act of 23 April 1964 – Civil Code;

Customer – a consumer / user purchasing Goods in the Store KARENARCANJO.COM of Karen Arcanjo-Nogueira , ul.Olsztyńska 2, 11-130 Orneta NIP: 7431947050;

Terms and Conditions – these Terms and Conditions, which constitute a set of rules for the use of the Store and making purchases of Products;

Store – online Store located at the domain KARENARCANJO.COM;

Goods – all products offered for sale in the Internet Store;

Sales Contract – a sales contract concluded by and between the Customer and the Seller through the Store.

§ 2. GENERAL PROVISION

These Terms and Conditions are addressed to all customers of the KARENARCANJO.COM Store and define the following:

-Principles of using the Store;

-Principles of placing orders in the Store;

-Principles of concluding Sales Contracts.

Each Customer may access the Terms and Conditions at any time.

The Store is run by Karen Arcanjo-Nogueira and enables the purchase of Goods by means of the Internet, at the address: KARENARCANJO.COM.

Information about the products in the Store, including, inter alia, descriptions and prices of the Goods, constitute an invitation to submit an offer to conclude a Sales Contract within the meaning of Article 71 of the Civil Code, in accordance with the terms of the Terms and Conditions. The Goods in the Store are marked and defined in detail.

The Customer has access to information on the properties of the Goods, their prices, materials from which they are made, etc. Photographs of the offered Goods are exemplary and serve the purpose of presenting specifically indicated models. Due to the fact that the products offered by KARENARCANJO.COM are handmade, their appearance in reality may differ minimally from the photos presented on the website.

§ 3. RULES REGARDING THE WEBSITE’S USE

The Store makes it possible to purchase the Goods offered therein by means of the Internet.

The Sales Contract is concluded between the Customer and the Store.

A prerequisite for the commencement of the Store’s use is familiarisation with and acceptance of these Terms and Conditions. 

The Customer of the Store is obliged not to provide and not to transfer content prohibited by the provisions of the law of using the Store in the following way:

– to not interfere with its functioning,

– to not send and not place unsolicited commercial information within the Store,

– to use the Store in a way that is not inconvenient for other Customers and for the Store’s administrator,

– to use the content posted on the Store’s website for personal use,

– to use the Store in a manner consistent with the regulations in force in the territory of the Republic of Poland, the provisions of these Terms and conditions, as well as the general principles of using the Internet.

§ 4. CONCLUSION OF A SALES CONTRACT

To conclude a Sales Contract, an order must be placed on the Store website.

Customers may place orders 24 hours a day, on all days of the week. Orders placed on public holidays will be processed on the first working day following the day on which the order was placed.

It is a condition for the order to be processed that payment is made and all necessary data for dispatch is provided.

To place an order, the Goods must be selected from those available in the Store’s offer by adding them to the „Cart”. Until the moment of confirming the selection of Products with the „Check Out” button (or „Continue Shopping” after choosing the payment). Until the moment of confirming the selection of Products with the „Process the order” button, the Customer has the possibility to make changes concerning the Products, contact details for the delivery of the Products, the delivery method, the payment method, as well as the form of confirming the purchase, i.e. receipt or a VAT invoice (a later change in this respect is not possible, e.g. issuing an invoice instead of a receipt or issuing an invoice correction not required under the provisions of financial law, including changing the buyer’s details on the invoice, in particular as a result of resale).

Submission of an order by the Customer (confirmation with the „Process Order” button (or „Continue Shopping” after selecting payment) constitutes an offer made by the Customer to KARENARCANJO.COM to conclude a Sales Contract, in accordance with the content of the Terms and Conditions.

After the Customer places an order, he/she shall receive a message on the Store website and at the e-mail address provided in the order, containing information on the items in the order, the number of Goods, the order value, the selected type of delivery and payment, the order processing time and the Customer’s contact details. The message constitutes confirmation of receipt by the Store of the Customer’s offer to purchase the Goods.

Upon receipt of the aforementioned confirmation, the Sales Contract of the Goods ordered by the Customer is concluded. The Sales Contract is concluded in accordance with these Terms and Conditions. The Store reserves the right to refuse to process an order under a Sales Contract if the Customer’s contact details are false, the transaction has not been authorised in the Tpay or PayPal electronic payment system or the payment for the order has not been made within a specified time.

Until the Store has received confirmation of acceptance of the order for processing, the Customer has the right to cancel the order. To this end, the Customer should immediately contact the Store via the e-mail contact@karenarcanjo.com and inform the Store of the cancellation of the order.

§ 5. SHIPPING AND COLLECTION

Subject to paragraph 2 below, the Shipping time indicated in the Store’s confirmation of acceptance of an order for fulfilment is the most likely time during which the order will be fulfilled. In exceptional situations, the delivery time is confirmed by an employee of the Store via e-mail.

The total and maximum order processing time in the Store should not exceed 7 working days.

The Customer may use one of the three forms of online prepayment:

-tpay.com payment system

-PayPal payment system

-ordinary Internet transfer

Payment with the cash-on-delivery option, i.e. the Customer is obliged to make payment upon delivery of the parcel using the payment method available from the courier carrying out the delivery.

The processing of the order is started after the payment is credited to the Store’s account. In the case of a payment card, the fulfilment of the order will begin after positive authorisation of the card.

If cash on delivery is selected, the order is fulfilled after making a purchase in the Store. Products are delivered to the indicated address in the territory of the Republic of Poland by the DPD forwarding company and outside the territory of the Republic of Poland by the Polish Postal Service.

Charges for delivery of products are given in the process of placing the order. The expected delivery time in the territory of the Republic of Poland is 1 to 3 working days from the day of sending the parcel.

When collecting the parcel delivered by the courier, the Customer should carefully check the content of the parcel, the condition of the outer packaging and the condition of the ordered Goods in his presence. In the case of damage to the parcel, the Customer should draw up a damage protocol with the courier, in two identical copies signed by the Customer and the courier.

§ 6. SALES, PRICES AND PAYMENT METHODS

The price of a given Good is given on the website of the Store, this price is binding for the parties from the moment the Customer receives confirmation of acceptance of the order for processing. The price referred to in the preceding sentence shall not be changed. The prices of Goods in the Store are gross prices and are given in the Polish ‘złoty’ (PLN) currency. The method of payment for the Goods is chosen by the Customer.

The Store allows payment to be made by a bank transfer, cash on delivery or an electronic payment processed through the Tpay or PayPal payment system.

Failure to receive payment to the account of the Store or entities mediating in the transaction (Tpay and PayPal services) within 5 days from placing the order will result in cancellation of the order. In such a situation, the Customer may place the order again.

The processing of an order paid by bank transfer or payment card begins after the payment for the Goods has been received. The Store reserves the right to change prices of the Goods in the Store, introduce new Goods for sale, conduct or cancel promotional campaigns on the Store’s websites or introduce changes thereto in accordance with the provisions of the Civil Code and other laws, provided that such changes shall not violate the rights of persons who have concluded contracts for the sale of Goods offered in the Store prior to such changes.

§ 7. GUARANTEE, COMPLAINTS AND RETURNS

All Goods offered in the KARENARCANJO.COM Store are new and handmade.

The Customer has the right to withdraw from the Sales Contract without giving any reason within 14 days from the date of receipt of the Goods. The condition for the return to be considered is to make a declaration of withdrawal from the Sales Contract and send the purchased Goods (unused and clean, in original packaging with a tag) and the attached form of withdrawal to the address of the Store within 14 days from the date of receipt of the Goods.

The return of the Goods can be made by a courier service or by Poczta Polska (Polish Post Office) parcel at the Customer’s expense to the address: Karen Arcanjo, ul.Olsztyńska 2, 11-130 Orneta.

The Seller shall refund to the Customer the equivalent of the price of the Product and the one-off cost of the delivery charge to the Customer up to the amount of the cheapest delivery charge offered by the Seller (i.e., the courier DPD) (the shipping cost originally incurred during the choosing of the

 delivery method of the Product from the Store to the Customer). For the avoidance of doubt, the Seller does not refund the shipping cost of returning the Product to the Seller.

The Seller does not cover the cost of returning the Product by cash on delivery sent by the

Customer. When choosing cash on delivery shipping as a method of returning the Product, the Seller has the right to charge the Customer for any costs that he or she

incurred.

The money will be sent back to the account number provided by the Customer within a maximum of 14 days of receipt of the Goods by the Store. If the payment was made using a payment card, the refund will be made to the same card. The Store, as a seller, is liable to a Customer who is a consumer within the meaning of Article 221 of the Civil Code for non-compliance of the Goods purchased by the Customer with the Sales Contract, to the extent specified in the Act on Special Terms and Conditions of Consumer Sales and Amendments to the Civil Code of 27 July 2002.

Each item purchased in the Store may be complained about in compliance with relevant terms and conditions of complaint if it has defects constituting its non-compliance with the Sales Contract. A complaint may be lodged by post by sending the Goods together with the above form to the address: KAREN ARCANJO, Olsztyńska 2, 11-130 Orneta. The Customer shall be informed about the manner of processing the complaint within 14 days from the date of receipt by the Store of the courier parcel containing the Goods complained about.

If the complaint is accepted, the Store will send a full-quality product (repaired or new) to the Customer within 14 days, and if this proves impossible, the Store will refund the full amount of the price paid for the Goods.

If the complaint is not accepted, the Goods will be sent back together with an opinion that the complaint is not justified. If the Customer finds damage to the Goods during transport, the Customer is obliged to draw up a damage report in the presence of the courier. Complaints arising from damage to the Goods during transport will be considered on the basis of the damage protocol drawn up by the Customer and the courier. The Customer, in the event of damage, in particular: (damage resulting from the Customer’s fault or as a result of fortuitous events during use, in particular mechanical damage), is requested to contact the Store. The company contacting the Customer will inform him/her of the possible costs of repair. The store has the right to refuse the acceptance of damaged returned Goods, or Goods that are being returned after the permissible time limit or the delivery of Goods that are of an incomplete value, i.e. defective.

§ 8 PRIVACY POLICY

The provision of the User’s personal data, as well as the User’s consent to its processing, is completely voluntary. Any personal data provided to the Administrator shall be processed only to the extent and for the purpose for which the User has given his/her consent. However, if the User decides not to provide the Administrator with the data necessary for the execution of the order and does not consent to its processing, the Administrator will not be able to execute the order.

Concerned with the security of the entrusted data, the Administrator has developed internal procedures and recommendations to prevent data from being made available to unauthorised persons. The Administrator controls their implementation and constantly checks their compliance with the relevant legal acts – the Personal Data Protection Act, the Act on the Provision of Electronic Services, as well as all kinds of executive acts and acts of Community law.

The User’s personal data will be processed only until the legal obligation ceases to exist or until the User, whose data are concerned with the account service in the online Store, resigns (termination of the contract for the provision of services by electronic means).The User whose data are processed by the Administrator on the basis of an expressed consent has the right to withdraw the consent at any time without affecting the legality of the processing performed on the basis of the consent before its withdrawal.

Contact details:

contact@karenarcanjo.com

The administrator of the personal data of KARENARCANJO.COM is:

Karena Arcanjo Nogueira

ul. Olsztyńska 2

11-130 Orneta

NIP: 7431947050

REGON: 360096188

Users’ personal data will be processed for the purposes of:

-The conclusion and execution of orders and Sales Contracts between the Administrator and the User under the conditions described in these Terms and Conditions;

-Marketing the Administrator’s own Products and services, including by sending, with prior consent, messages containing commercial information, in particular in the form of a Newsletter, in the form of an Availability Notice on the basis of the Administrator’s legitimate interest pursued by the Administrator or on the basis of separately granted consent;

-Sending commercial information by electronic means pursuant to Article 10(2) of the Act on Providing Services by Electronic Means of 18 July 2002 (i.e. Journal of Laws of 2017, item 1219 as amended) – on the basis of separately granted consent;

-Other, resulting from the legitimate interests of the Administrator.

Providing personal data by the User is voluntary, but it is necessary in order to carry out transactions within the Store. When the User subscribes to a newsletter, electronic messages containing commercial information about promotions and new Products available in the Store will be sent to his/her e-mail address.

When placing an order in the Store, the User provides the following personal data:

-E-mail address

-Address details: shipping address, postal code, city

-Phone number

-Name and surname

When using the Newsletter or Availability Notification service, the User only provides his/her email address.

Navigation data may also be collected from Users, including information on links and references they choose to click on or other actions they take in the Store. If a request is made, the Administrator shall make personal data available to authorised state authorities.

Your personal data is protected by the Administrator against unauthorised use, modification or destruction by using appropriate technical and organisational measures.

The Administrator also collects the, so-called, exploitation data (which are not personal data) of Users visiting the Store website. The collected data is used to generate statistics and advertising services. The Administrator collects such data as the visits, navigation path and the extent of use of the Store’s functions by the User, the time of staying on the Store’s website, information on the devices and browsers from which the User visits the Store, as well as geographical data and interests. The usage data of Store visitors may be used to run online advertising campaigns selected according to Users’ interests. The Administrator uses personalised retargeting services in order to offer Users interesting advertising content. These advertisements are displayed based on the User’s activity in the Store. For this purpose, the Administrator uses external advertising platforms such as Facebook, Google, Instagram, etc., which match the User’s profile in their database in order to determine the optimal time and place to show the User an advertisement of interest.

THE TRANSFER OF PERSONAL DATA TO OTHER ENTITIES

The User’s personal data shall be processed by the Administrator in accordance with the applicable legal provisions, in particular in accordance with 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, and repealing Directive 95/46/EC (General Data Protection Regulation) – hereinafter referred to as „RODO” or „RODO Regulation”.

The User’s personal data is transferred to the service providers used by the Administrator in the operation of the Store. In particular, personal data may be forwarded to:

-payment providers (e.g. PayPal or tpay.com) in order to process payments

-courier companies (e.g. DPD) to deliver the Product to the indicated address

-credit providers / lessors

-providers of feedback surveys

-service providers who supply the Administrator with technical, IT and organisational solutions enabling the Administrator to conduct his business activity, including the Internet Store and Services provided through it

-suppliers of accounting, legal and advisory services providing the Administrator with accounting, legal or advisory support (in particular an accounting office, a law firm or a debt collection company).

The personal data will not be made available by the Administrator to other entities, apart from those who have an appropriate legal basis, in particular if the personal data is necessary for the performance of a contract to which the User is a party.

§ 9. NEWSLETTER

The Customer may order the service of receiving notifications about Products and the latest events concerning the KAREN ARCANJO brand („Newsletter”) by filling in a form located on the Store’s website in the Newsletter tab.

To order the Newsletter service, the Customer provides his/her e-mail address onto which he/she wishes to receive the Newsletter and confirms acceptance of the Terms and Conditions. The Newsletter is sent via an electronic form (e-mail).

By providing his/her e-mail address, the Customer agrees to:

-Processing his/her personal data in accordance with the Terms and Conditions in order to receive

notifications about Products and latest events concerning the brand KAREN ARCANJO (marketing purposes);

-Receiving commercial information from the Store within the meaning of Article 10(2) of the Act of 18 July 2002 on Providing Electronic Services at the e-mail address provided during registration (i.e. Journal of Laws of 2019, item 123, 730).

The Customer may at any time resign from the Newsletter service by clicking on the link

located at the bottom of each email received.

§ 10. COOKIES

The Administrator uses cookies. Cookies are IT data that are stored on the User’s terminal device and are intended for the use of websites. Cookies usually contain the name of the website they come from, the length of time they are stored on the User’s terminal device, standard log-in information such as IP address, type of search engine, language, access times, address of the website from which the User was redirected and a unique number. The Administrator is the entity placing cookies on the User’s terminal equipment and accessing them.

Cookies are used for the following purposes:

-Creation of statistics which help to understand how Users utilise the Store’s websites, which enables improvement of their structure and content,

-Adapting the content of the Store to the User’s preferences and optimising the use of the websites; e.g. cookies enable in particular to recognise the User’s device – its type (e.g.: laptop, smartphone, tablet) and appropriately display the website adapted to the capabilities of the end device,

-Defining the User’s profile in order to display product recommendations and tailored materials in advertising networks, in particular in the services of Google LLC, Google Ireland Limited and Facebook Ireland Ltd. Cookies enable the display of advertisements, offers and promotions based on browsing patterns of the Store’s website. Thanks to this, the content of the Store and the advertising message are better suited to the User and consistent with his/her interests and preferences. Cookies allow you to limit the number of times you see an ad. Marketing cookies can also be used to track the effectiveness of advertising campaigns on third-party websites.

-Maintaining the website User’s session, so that the User does not have to re-enter his/her login on each sub-page of the website,

-Ensures that users have read the information on cookies.

-Remembering the Products added to the Shopping Cart for the purpose of placing an order.

The User may, independently and at any time, change the cookie settings, specifying the conditions for storing and accessing cookies in the User’s device. However, restrictions on the use of cookies may affect some of the functions available on the Store’s website.

Two categories of cookies can be distinguished:

With regard to the lifetime of cookies,

-Permanent files that are stored on the User’s end device for a specified period of time contained in the file parameters or until they are physically removed from the end device by the User,

-Session files are temporary files that are stored on the User’s end device until he/she leaves the Store’s website.

In view of the purpose for which cookies serve:

-Statistical files which are used to collect anonymous statistics about the Store. Cookies used to ensure data security and confidentiality.

-Functional cookies, which enable remembering the Store functionalities preferred by the User.

-Advertising files which make it possible to provide Users with advertising content more suited to their interests.

The Administrator cooperates with third parties, in particular social media, with regard to their advertising activities. For the purposes of this cooperation, the browser or other software installed on the User’s device also stores cookies from these entities. The purpose of this is to display personalised advertising to the User on the services of these third parties. The third party will be able to directly associate a visit to the Store with the User’s profile on its service.

As part of its marketing activities, the Administrator uses the services of the following entities that use cookies in the Store:

-Google LLC, Google Ireland Limited

-Facebook Ireland Ltd., Facebook Inc.

For more information on the cookies of the aforementioned entities, please refer to their privacy policies. The user can prevent the loading of third-party plug-ins and cookies on the website by, among other things, using the appropriate settings in their browser.

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