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§ 1. GENERAL PROVISION

  1. The online shop at www.mysha-art.eu is run by Mysha Art Design Sylwia Komorowska, Kegelerstraße 12, 26939 Ovelgönne, Germany. Tax id: 63/123/05442 , E-Mail: hello@mysha-art.eu, phone: +49 1525 6968337
  2. These regulations apply to contracts concluded via the website www.mysha-art.eu
  3. Definitions:
    Online Store – the Seller’s online store available at www.mysha-art.eu
    Regulations – these regulations of the online store referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002 No. 144, item 1204 as amended).
    Seller – Mysha Art Design Sylwia Komorowska, Kegelerstraße 12, 26939 Ovelgönne, Germany. Tax id: 63/123/05442 , E-Mail: hello@mysha-art.eu, phone: +49 1525 6968337
    Customer – a person, legal person or organizational unit that is not a legal person, the provisions of which specifically grant legal capacity, which places an Order within the Store
    Registration form – a form available in the online store that allows you to create an Account,
    Account – marked with an individual name (login) and password provided by the Buyer, a set of resources in the Seller’s ICT system, in which the Buyer’s data is collected, including information about placed Orders,
    Order – Buyer’s declaration of will, constituting an offer to conclude a Product sales contract with the Seller,
    Sales contract – a contract for the sale of a Product within the meaning of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended), concluded via online stores in Polish,
    Product – a movable item available in the online store, which is the subject of the sales contract between the Buyer and the Seller
    Special Product – a movable item available in the online store, which is the subject of a sales contract between the Buyer and the Seller, which, due to its individual properties (e.g. availability only on an individual order), is subject to special sales rules
    Cart – a virtual tool that allows the Buyer to aggregate selected Products before their purchase and convert their value. When selecting Products, the Buyer may freely manage the contents of the basket by adding more Products to it or removing them from the basket.
    Promotion – a price discount strictly defined in time for selected Products, which are the subject of the sales contract between the Buyer and the Seller
    Newsletter – a service provided electronically by the Seller, consisting in enabling interested Buyers to automatically receive the most important information related to the Online Store to the e-mail address provided.
  4. The services provided electronically by the Seller consist of:
    a) enabling the Account to be run in the online store,
    b) enabling the conclusion of a Sales Agreement by placing an order,
    c) running the Newsletter.
  5. Before using the Registration Form and creating an Account, the Buyer is asked to read and accept the Regulations.
  6. The Buyer gains access to the Account via the login and password. The contract for maintaining an Account in the online store is concluded for an indefinite period and does not entail any financial obligations for the Buyer. The contract may be terminated at any time by deleting the Account in the online store or sending information about the resignation by the Buyer to the Seller’s e-mail address: hello@mysha-art.eu
  7. Promotions for selected Products from the store’s offer may be organized in the online store. The Seller decides about the rules regarding the promotion, making them public on the website of the online store.
  8. Announcements, Seller’s advertisements, price lists and other information about the Products, provided on the store’s website, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a contract within the meaning of art. 71 of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended).
  9. To use the mysha-art.eu online store, you need a computer with a processor of min. 200 MHz, 64MB RAM, a graphics card supporting 800×600 and 256 colors resolutions and a web browser (Internet Explorer (version> = 6.0), Mozilla Firefox, Opera, Google Chrome, Safari), as well as a keyboard or other pointing device that allows for correct filling electronic forms.

§ 2. CONDITIONS FOR PLACING AN ORDER

  1. The buyer is obliged to use the online store in a manner consistent with applicable law, principles of social coexistence and morality, with respect for personal rights and intellectual property rights of third parties.
  2. The online store sells in the territory of the European Union.
  3. The Buyer may place an order through an account that has been set up previously.
  4. All Products available in the online store are original, brand new (free from defects) and comply with applicable standards and requirements.
  5. The products available in the online store are physically in the store www.mysh-art.eu, where the order is completed.
  6. The orders referred to in point 3 of this paragraph may be placed 7 days a week, 24 hours a day.
  7. In order to successfully place and complete the Order referred to in point 3 of this paragraph, the Buyer is asked to fill in the Registration Form and thus create an Account.
  8. Orders placed on weekdays after 10:00 a.m., on Saturdays and Sundays as well as public holidays will be processed on the next business day.
  9. Umowę sprzedaży traktuje się jako zawartą z chwilą otrzymania przez Kupującego wiadomości e-mail, potwierdzającej złożenie zamówienia.
  10. The approximate time of delivery of the order to the customer is::
    • 3-5 business days from the date of receipt of the payment for shipment within Germany
    • 5-10 business days from the day the payment is credited for shipment to other European Union countries
  11. The Seller reserves the right to cancel the Order if the Buyer, despite being requested, has not completed the deficiencies required for the effective implementation of the Order within 7 days.

§ 3. PAYMENTS

  1. The prices given in the online store are expressed in Euro and are gross prices, they include all components, including VAT. The prices, however, do not include any possible delivery costs, which are indicated when placing the Order.
  2. The Buyer is informed about the total amount of the Order each time before placing the Order.
  3. The Buyer may choose one of the following payment methods for the Products ordered:
    a) payment by regular or online transfer to the Seller’s bank account,
    b) online payments – The entity providing online payment services is the PAY PAL service belonging to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulavard Royal, L-2449 Luxembourg, Trade Register Number: R.C.S. Luxembourg B 118 349.
  4. The choice of payment is made by the Buyer when placing the Order.
  5. If you choose the payment method referred to in point 3 a) of this paragraph, the Products are shipped within 7 business days from the moment 100% of the funds are credited to the Seller’s account.
  6. If the payment method referred to in point 3 a) of this paragraph is selected, if the Buyer fails to make the payment within 7 days from the date of confirmation of the Order, the Seller will request the Buyer to make the payment. In the event of an unsuccessful call, the Seller has the right to cancel the Order, informing the Buyer about it by e-mail or telephone.
  7. Refunds: If there is a need to return funds for a transaction made by the customer with a payment card, the seller will be refunded to the bank account assigned to the payment card of the Ordering Party.
  8. The order fulfillment time if the Customer chooses the method of payment by bank transfer, electronic payment or payment card is counted from the date of crediting the Seller’s bank account.

§ 4. DELIVERY

  1. Delivery of the ordered goods in the territory of the European Union takes place through Hermes Germany GmbH; Essener Strasse 89, 22419 Hamburg, Germany
    More information on the rules of delivery of parcels by Hermes Germany GmbH can be found at https://www.hermesworld.com/ 

§ 5. WARRANTY

  1. Products offered in the mysha-art.eu Shop are covered by a warranty provided by the Seller.
  2. The warranty period for each product sold is 12 months.

§ 6. COMPLAINTS

  1. The customer is obliged to check the goods immediately upon receipt of the goods in the presence of the courier and raise objections to the courier regarding the delivered goods and immediately inform the Store about any irregularities found, which may lie with the Store under pain of recognition that the later described irregularities do not burden the Store.
  2. Complaints about products should be submitted via the RETURN FORM available on the RETURN POLICY subpage.
  3. The complaint should include: name and surname of the ordering person, order number, e-mail address of the customer and a description of the event being the basis for the complaint. Select the “Complaint” option in the “Application type” field.
  4. The Seller will respond to the complaint within 14 days from the date of its receipt by the Seller, and if it was not possible, to inform the Customer during this period when the complaint will be considered.
  5. The Seller informs that each product sold via the mysha-art.eu Store is thoroughly checked for manufacturing defects before shipment to the Customer.

§ 7. WITHDRAWAL FROM THE CONTRACT (RETURN PROCEDURE)

  1. Each customer of the mysha-art.eu online store has the right to withdraw from the purchase within 14 days from the date of its receipt.
  2. The desire to resign from the purchase is considered to be the date of the correct completion of the RETURN FORM available on the RETURN POLICY subpage.
  3. Within 3 business days of sending the information in the RETURN FORM, you will receive an e-mail from the service of the mysha-art.eu store with information about the address to which the goods should be sent.
  4. The cost of shipping the returned goods is borne by the customer.
  5. The customer is obliged to return the goods no later than 14 days from the moment of resignation from the willingness to purchase.
  6. The refund for the purchase will be made no later than 14 days from the date of the return shipment to the store’s warehouse. The amount due will be refunded to the account from which the order was paid.
  7. The mysha-art.eu store reserves the right to refuse to accept a refund if:
    a) the returned goods show signs of use or damage, e.g. abrasions, stains and dirt,
    b) the returned goods are incomplete, e.g. the certificate of authenticity is missing.
  8. Unrecognized returns are sent back to the customer at his expense after prior arrangement with the customer on the shipping date.

§ 8. PERSONAL DATA PROTECTION

  1. The Buyer, by completing the Order Form or the Registration Form and creating an Account, is asked to consent to the processing of personal data by the Seller, in accordance with the regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 in connection with the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (General Data Protection Regulation), hereinafter referred to as the GDPR.
  2. Personal data is processed by the Seller only for the purpose of providing the services referred to in §1 point 4 of these Regulations.
  3. The Buyer’s personal data will not be disclosed to other persons or institutions for marketing purposes without obtaining their express consent.
  4. The Buyer has the option of accessing his personal data for the purpose of verification, modification or removal from the Seller’s database.
  5. Detailed information on the protection of the Buyer’s personal data can be found in the Privacy Policy of the online store mysha-art.eu.

§ 9. PROTECTION OF COPYRIGHT

  1. All photos of Products and other materials (including texts, graphics, logos) posted on the website of the mysha-art.eu online store are the property of the Seller or have been used by the Seller with the consent of third parties who own the copyrights to them.
  2. It is forbidden to copy photos and other graphic materials as well as reprint texts posted on the website of the online store www.mysha-art.eu, including their sharing on the Internet without the written consent of the Seller or other third party who owns the copyrights to them.
  3. It is also forbidden to external entities to download photos from the website www.mysha-art.eu and use them for marketing and commercial purposes.
  4. The use of the above-mentioned materials without the written consent of the Seller or another third party who is entitled to copyrights is unlawful and may constitute the basis for initiating civil and criminal proceedings against the perpetrators of this practice.

§ 10. FINAL PROVISIONS

  1. The Seller reserves the right to introduce restrictions on the use of the online store caused by its technical service, maintenance work or work on improving its functionality. At the same time, the Seller undertakes to make every effort to ensure that the above-mentioned breaks take place at night and last as short as possible.
  2. The Seller reserves the right to amend the Regulations. The changes come into force at the time clearly indicated by the Seller, but not earlier than 7 days from their announcement. Orders placed before the changes referred to in the previous sentence enter into force, will be implemented on the terms applicable at the time of their submission.
  3. Any disputes between the Parties will be settled by the court having jurisdiction over the seat of the Seller.
  4. In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, in particular the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended) and other relevant provisions.

The regulations apply from May 13, 2022.