Terms and Conditions

General Provisions

1. The Online Store available at the Internet address deerdeity.pl is run by Lilianna Tarnowska, conducting unregistered business under the name Deer Deity, registered at the address: Poland, 40-063 Katowice, Żwirki i Wigury 13/4.

2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store.

3. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).

 

Definitions

1. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.

2. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

3. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – which has concluded or intends to conclude a Sales Agreement with the Seller.

4. CIVIL CODE – Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

5. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s IT system marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.

6. PRODUCT – an item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.

7. REGULATIONS – these regulations of the Online Store.

8. ONLINE STORE – the online store of the Service Provider available at the internet address deerdeity.pl.

9. SELLER, AUTHOR, SERVICE PROVIDER – Lilianna Tarnowska, conducting unregistered business under the name Deer Deity, registered at the address: 40-063 Katowice, Żwirki i Wigury 13/4.

10. SALES AGREEMENT – a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store. 

11. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store. 

12. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – using or intending to use the Electronic Service.

13. CONSUMER RIGHTS ACT, ACT – the act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended)

14. ORDER – a declaration of will of the Customer submitted using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

Electronic services in the online store

1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.

2. Account – the Account can be used after the Service Recipient has completed two consecutive steps – (1) filling in the Registration Form and (2) clicking the “Register” field. In the Registration Form, the Service User must provide the following Service User data: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and password. In the case of Service Users who are not consumers, it is also necessary to provide the company name and Tax Identification Number.

3. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, delete the Account by sending an appropriate request to the Service Provider, in particular via e-mail to the address: hello@deerdeity.pl or in writing to the address: Deer Deity, Poland, 40-063 Katowice, ul. Żwirki i Wigury 13/4.

4.  Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. The Order is placed after the Customer completes two consecutive steps – (1) after filling in the Order Form and (2) clicking on the “Order and pay” field on the Online Store website after filling in the Order Form – until that moment it is possible to modify the entered data independently (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data concerning the Customer: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number.

5. The Electronic Order Form Service is provided free of charge and is of a one-off nature and ends at the moment of placing an Order via it or at the moment of earlier ceasing of placing an Order via it by the Service Recipient. 

6. Newsletter – the use of the Newsletter takes place after the Service Recipient has completed three consecutive steps – (1) providing the e-mail address in the „Newsletter” tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent, (2) clicking the „Send” field and (3) confirming the willingness to subscribe to the Newsletter by clicking on the confirmation link sent automatically to the provided e-mail address. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account or placing an Order – at the moment of creating an Account or placing an Order, the Service Recipient is subscribed to the Newsletter.

7. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher; (4) enabling the ability to save Cookies and support Javascript in the Internet browser.

8. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the factual state. The Service Recipient is prohibited from providing content of an unlawful nature.

Terms of concluding a sales agreement

1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the Online Store.

2. The price of the Product displayed on the Online Store website is given in euros and does not include taxes. The Customer is informed about the total price, including shipping, of the Product that is the subject of the Order on the Online Store website during the placement of the Order, including when the Customer expresses his or her will to be bound by the Sales Agreement.

3. The products available in the Online Store are handicraft items. The price of each Product is described in detail in each Product.

4. By adding a Product to the Cart, we are making a Purchase of the Product.

5. The procedure for concluding a Sales Agreement in the Online Store is carried out using the Order Form.

6. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order in the Online Store, in accordance with these Regulations.

7. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement is concluded between the Customer and the Seller.

8. The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by (1) making these Regulations available on the website of the Online Store and (2) sending the Customer an e-mail message referred to in these Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.

Payment methods and terms

1. The Seller provides the Customer with the following payment methods under the Sales Agreement:

– Payment by bank transfer to the Seller’s bank account- Electronic payments and payment by card via the PayU service – possible current payment methods are specified on the Online Store website in the „Payment” information tab and on the website https://tpay.com/

Settlement of transactions by electronic payments and payment cards is carried out in accordance with the Customer’s choice via the PayU service. Electronic payments and payment cards are handled by: Krajowy Integrator Płatności S.A. with its registered office in Poznań, plac Andersa 3, 17th floor, 61-894 Poznań, tel. (61) 66 82 778, e-mail: info@tpay.com, a national payment institution, supervised by the Polish Financial Supervision Authority, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court of Poznań Nowe Miasto and Wilda in Poznań, 8th Division of the National Court Register under the KRS number 0000412357, NIP 7773061579, REGON 300878437, share capital PLN 5,494,980.00, fully paid up.

2. Payment deadline: If the Customer chooses payment by bank transfer, electronic payment or payment by payment card, the Customer is obliged to make the payment at the time of conclusion of the Sales Agreement.

Cost, methods and delivery and collection date of the product

1. Delivery of the Product is available worldwide.

2. Delivery of the Product to the Customer is subject to payment. The costs of delivery of the Product (including transport, delivery and postal services) are indicated to the Customer on the Online Store pages during the placement of the Order, including when the Customer expresses their will to be bound by the Sales Agreement.

3. The Seller provides the Customer with the following methods of delivery or collection of the Product: Prepaid postal mail.

4. The delivery time of the Product to the Customer is up to 21 Business Days, unless a different time is given in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery time is the longest given time. The beginning of the delivery time of the Product to the Customer is counted as follows:

– If the Customer chooses payment by bank transfer – from the date of crediting the Seller’s bank account or settlement account.

– If the Customer chooses electronic payment or payment by payment card – from the date of conclusion of the Sales Agreement.

5. The Seller is not liable for any delays in the delivery of the shipment resulting from the actions of courier companies.

Product complaints

1. The basis and scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal defect (warranty) are specified by generally applicable legal provisions, in particular in the Civil Code (including art. 556-576 of the Civil Code).

2. The Seller is obliged to deliver a Product without defects to the Customer. Detailed information on the Seller’s liability for a Product defect and the Customer’s rights are specified on the Online Store website in the „Complaints” information tab.

3. A complaint may be submitted by the Customer, for example:

– in writing to the following address: ul. Żwirki i Wigury 13/4, 40-063 Katowice; – in electronic form via e-mail to the following address: hello@deerdeity.pl;

4. It is recommended that the Customer provides the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for a method of bringing the Product into compliance with the Sales Agreement or a declaration of a price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Seller. The requirements specified in the previous sentence take the form of recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description. 5. The Seller will respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has requested the exchange of the item or removal of the defect or has made a statement about a price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request has been deemed justified.

6. A Customer who exercises warranty rights is obliged to deliver the defective Product to the following address: ul. Żwirki i Wigury 13/4, 40-063 Katowice at their own expense. Before delivering the product, the Customer is obliged to contact the seller, provide a description of the defect and photographic documentation. It is not permitted to send the Product to the Seller on delivery.

7. In accordance with art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product to a Customer who is not a consumer is excluded.

8. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaints procedure, which is indicated in point 6 of the Regulations) may be submitted by the Service Recipient, for example: – in writing to the following address: ul. Żwirki i Wigury 13/4, 40-063 Katowice; – in electronic form via e-mail to the following address: hello@deerdeity.pl;

9. It is recommended that the Service Recipient provides the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Service Recipient’s request; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements specified in the previous sentence take the form of recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description. 

10. The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

 

Right of withdrawal from the contract

1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring any costs, except for the costs of Shipping. To meet the deadline, it is sufficient to send a declaration before it expires. A declaration of withdrawal from the contract may be submitted, for example:

– in writing to the following address: ul. Żwirki i Wigury 13/4, 40-063 Katowice; – in electronic form via e-mail to the following address: hello@deerdeity.pl; 

2. The period for withdrawal from the contract begins:

– for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Contract) – from the moment the consumer or a third party indicated by him other than the carrier takes possession of the Product

– for other contracts – from the date of conclusion of the contract.

3. In the event of withdrawal from a contract concluded at a distance, the contract is deemed not to have been concluded.

4. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (with the exception of additional costs resulting from Shipping costs. The Seller shall refund the payments using the same method of payment as used by the consumer, unless the consumer has expressly agreed to another method of refund that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back.

5. The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before it expires. The Consumer may return the Product to the following address: ul. Żwirki i Wigury 13/4, 40-063 Katowice; 6. The Consumer is liable for any reduction in the value of the Product resulting from its use in a manner that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product. 7. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:

8. The consumer bears the direct costs of returning the Product.

9. Only regular priced items may be refunded. Sale items cannot be refunded.

Copyright

1. All materials contained on this Website and published by the Author, Lilianna Tarnowska, on social media channels are the intellectual property of the Author and are subject to the provisions on copyright protection (Act of 4 February 1994 on copyright and related rights).

2. The rights to the published materials belong entirely to Lilianna Tarnowska.

3. Materials published by the Author, Lilianna Tarnowska, may not be used by third parties, in particular it is prohibited to copy the content of the materials.

4. The methods and methods of creating the author’s jewelry are the intellectual and workshop achievements of the Author, and therefore are also subject to the provisions on copyright protection.

5. It is prohibited to copy any content from the deerdeity.pl website.

6. Dissemination of materials published by the Author may only take the form of providing a link to the Author’s website, embedding a link to the Author’s website, sharing the Author’s post, or under quotation rights, with appropriate indication of the Author.

Final Provisions

1. Agreements concluded via the Online Store are concluded in English.

2. These Regulations do not exclude the provisions in force in the country of habitual residence of the consumer concluding an agreement with the Seller, which cannot be excluded by agreement. In such a case, the Seller guarantees the consumer the protection granted to him/her on the basis of provisions that cannot be excluded by agreement.

3. Changes to the Regulations:

4. The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal provisions; changes in methods of payment and delivery – to the extent that such changes affect the implementation of the provisions of these Regulations.

5. In the event of concluding continuous contracts based on these Regulations (e.g. provision of the Electronic Service – Account), the amended regulations shall bind the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that a change to the Regulations results in the introduction of any new fees or an increase in the existing ones, the Service Recipient who is a consumer has the right to withdraw from the contract. 

6. In the event of concluding agreements of a nature other than continuous agreements (e.g. Sales Agreement) on the basis of these Regulations, changes to the Regulations shall not in any way violate the rights acquired by Service Recipients/Customers who were consumers before the date of entry into force of changes to the Regulations, in particular changes to the Regulations shall not affect Orders already placed or submitted and Sales Agreements concluded, implemented or performed.

7. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until 24 December 2014 with Customers who are consumers – the provisions of the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product of 2 March 2000 (Journal of Laws of 2000, No. 22, item 271, as amended) and the Act on specific terms and conditions of consumer sales and amending the Civil Code of 27 July 2002 (Journal of Laws of 2002, No. 141, item 1176, as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers – the provisions of the Act on consumer rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.