§1. General provision

1. These terms and conditions (hereinafter referred to as "Terms and Conditions"), set out the rules for the use of the online shop located at the URL https://bajahmade.com (hereinafter referred to as "Shop").
2. The Shop is operated by Patrycja Foltyniak, who runs the Shop (hereinafter referred to as "Seller").
3. Shop address and contact details:
   • web address – https://bajahmade.com;
   • e-mail shop@bajahmade.com;
   • telephone +48 508 086 456
   • contact address – ul. Wrocławska 23/3, 44-100 Gliwice, Polska.
4. Before using the Shop, each person should become familiar with its Terms and Conditions.
5. Making purchases in the Shop requires that the person making or wishing to make a purchase in the Shop (hereinafter referred to as the "Customer") has an active and functioning email account.
6. For information on the extent to which the Shop processes personal data, please refer to the URL https://bajahmade.com/pl/privacy-policy.
7. The Shop is used to sell paintings, illustrations, clothing and accessories, surfboards and handcrafted items (hereinafter collectively referred to as "Products") at a distance over the Internet.
8. The creator of all Products in the shop is Patrycja Foltyniak.

§2. Rules for purchasing Products

1. The information provided on the Shop's website constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
2. The Shop shall provide the following information to the Customer before confirming the purchase:
   • a detailed description of the Product and its features;
   • the total price for the Product and a summary of the total order amount;
   • information concerning the method and time of payment.
3. Placing an order is done using a form, available on the website of the Store after pressing the button - " Continue to shipping" in the summary of the shopping cart, in which the Customer must provide the following data:
   • name and surname or business name;
   • email address;
   • shipping address.
4. The Customer places an order after reading the information specified in the content of the Terms and Regulations of the Shop and the information indicated in §2 par. 2, which will be displayed in electronic form in the last stage of filling in the electronic form preceding the expression of the will to be bound by the contract by clicking the "Pay" button. After reading the collected information specified for a given Customer order, the Customer expresses his or her will to be bound by the contract by clicking the "Pay" button.
5. All prices displayed on the Shop website are in PLN or EUR. The price is displayed in the basket summary.
6. An order is considered to be accepted for fulfilment after the Shop has confirmed that it has accepted the order placed by the Customer.
   • The order confirmation is sent automatically after the customer places the order;
   • The Shop may withhold acceptance of an order if it has doubts as to the accuracy or reliability of the data provided by the Customer in the registration form. In this case the Store will immediately contact the Customer in order to clarify the doubts.
7. The following methods of payment are honoured in the Shop:
   • quick transfer via the przelewy24.pl service;
   • via credit card;
8. The deadline for payment is 7 days from the day of placing the order.
9. The contract is considered concluded when: the order is confirmed and the payment is made by the Customer.
10. WTogether with the Product, the Shop sends an information form (instruction on withdrawal from the contract) and a form of withdrawal from the contract - the forms are enclosed as Attachments 1 and 2 to the Terms and Conditions.
11. An invoice without VAT confirming the purchase is sent together with the Product. The Customer is obliged to provide full details necessary to correctly issue a VAT invoice:
    • name and surname/company name;
    • residence/office address;
    • NIP number (in case of companies), PESEL number (natural persons);
    • contact address.
12. The Customer placing an order is aware of the possibility of receiving information to the email address provided by the customer: related to the progress of the transaction and notifications of changes to these Terms and Conditions.

§3 Technical requirements

1. For proper and uninterrupted use of the Store, the Customer's terminal equipment should meet the following minimum technical requirements:
   • an active connection and terminal equipment with access to the Internet;
   • an updated web browser;
2. The Customer is absolutely prohibited from submitting illegal content via the Store.
3. The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the aforementioned risks. In particular, they should use anti-virus and identity protection software for Internet use. The Seller shall never ask the Customer to provide him with a password in any form.
   • The Shop is not obliged to supply the above hardware and/or software;
   • The Shop website is adjusted to the screen resolution for all devices (laptops, monitors, mobile devices).

§4. Complaints

1. With regard to complaints, the Customer who is a consumer may exercise the rights granted by the provisions of the Polish Civil Code Act of 23 April 1964. (Journal of Laws No. 16, item 93 as amended) and the Polish Consumer Rights Act of 30 May 2014 (Journal of Laws 2014 item . 827 of 24 June 2014).
2. The Seller is liable to the Customer under the warranty if the sold thing, i.e. the Product has a physical or legal defect. A physical defect consists in the inconsistency of the sold thing with the agreement. In particular, the sold thing (Product) is inconsistent with the agreement if:
   • does not have the characteristics which a thing of that type should have, taking into account the purpose specified in the contract or resulting from the circumstances or intended use;
   • does not have the qualities that the Shop assured the Customer of, including by presenting a sample or specimen;
   • is not fit for the purpose the Customer informed the Seller about when concluding the contract, and the Shop has not raised objections as to such purpose;
   • has been delivered to the Customer incomplete.
   Complaints concerning the ordered Products may be submitted by e-mail to the address shop@bajahmade.com or by registered letter to the address ul. Wrocławska 23/3, 44-100 Gliwice, Poland.
3. When making a complaint, please provide the following details: Customer's name, address, data allowing the identification of the sale (e.g. order number, date of transaction), subject and reason for the complaint, contact details.
4. Determining the manner of implementation of the Seller's obligations in the scope of a reported complaint on the occurrence of physical or legal defects in the goods, the Customer who is a consumer, has the right to make a statement on withdrawal from the contract, unless the Store immediately and without undue inconvenience for the Customer will replace the defective thing for a free of defects or remove the defect. This restriction does not apply if the item has already been replaced or repaired by the Seller.
5. If the Customer is a consumer, he/she may instead of the removal of defects proposed by the Seller, demand the replacement of the item for one free from defects or instead of the replacement of the item demand the removal of the defect, unless bringing the item to conformity with the agreement in the way chosen by the Customer is impossible or would require excessive costs in comparison with the way proposed by the Seller. When assessing the excessive costs, the value of the item free from defects, type and importance of the defect are taken into account, as well as inconvenience to which other means of satisfaction would expose the Customer.
6. The reduced price shall be in such proportion to the contract price as the value of the thing with the defect remains to the value of the thing without the defect.
7. The Customer may not withdraw from the contract if the defect is insignificant.
8. Complaints submitted by the Customer will be considered within 30 days of their receipt by the Seller. Lack of a statement within this period shall be deemed an acknowledgement of claims submitted by the Customer. The Seller's response to the complaint shall be delivered to the Customer on paper or on another permanent carrier.
9. The Customer will be informed about the resolution of the reported complaint by the same way the complaint was sent, unless the customer specifies another form of contact.
10. In the case of positive resolution of the complaint, the Seller shall send to the Customer the Product free from defects or with the defect removed within a reasonable time. If repair or replacement for a new product is not possible for the reasons indicated in par. 5 and 6, the Seller, according to the alternative request submitted by the Customer - will reduce the price or return the equivalent of the product price, plus shipping costs.
11. The provisions relating to the rights under the warranty and the right of complaint shall apply accordingly to a natural person concluding an agreement directly related to its business activity, if it results from the content of that agreement that it is not of a professional nature for that person, in particular resulting from the subject of its business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.

§6. Withdrawal from the contract

1. Pursuant to the Polish Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827), the Customer who is a consumer has the right to withdraw from the concluded agreement in writing without giving any reason within fourteen days from the date of issue of the item, i.e. from the moment when the Customer took possession of the item or when a third party other than the carrier indicated by the Customer took possession of the item. In order to keep the fourteen-day period referred to in paragraph 1, it is sufficient to send the statement of withdrawal before its expiry. The declaration can be made on a form, a specimen of which has been placed at the URL https://bajahmade.com/pl/terms-of-service and will be attached by the Store in a paper version to the Product shipment. The use of the said form is optional.
2. Pursuant to Article 38 of the Polish Consumer Rights Act (Journal of Laws 2014, item 827), the right of withdrawal from a distance contract, in accordance with the Act, does not apply to the consumer in cases:
   • the provision of services where the entrepreneur has performed the service in full with the express agreement of the consumer who has been informed by the entrepreneur prior to the performance of the service that he will lose his right of withdrawal after the entrepreneur has performed that service; in which the price or remuneration depends on fluctuations in the financial market which are not controlled by the entrepreneur and which might occur before the end of the withdrawal period;
   • if the object of the supply is a non-reproduced item, produced to the consumer's specifications or intended to meet the consumer's individual needs;
   • where the object of the supply is a perishable item or an item with a short shelf life;
   • in which the object of the supply is an item delivered in a sealed package that cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
   • in which the object of the supply is a thing which, after delivery, by its nature is inseparable from other things;
   • where the consumer has specifically requested the trader to come to him for urgent repair or maintenance;
   • when the amount payable under the contract does not exceed PLN 50;
   • the supply of digital content which is not recorded on a tangible medium where performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
3. In the case of withdrawal from this contract, the Customer shall be reimbursed all payments received from him/her immediately and, in any case, not later than 14 days from the day on which the Shop was informed of the Customer's decision to exercise his/her right of withdrawal from the Shop.
4. The Shop will refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund which does not involve any costs.
5. The right to withdraw from a contract within 14 days without giving any reason is also granted to natural persons referred to in §4 item 11 of the Terms and Conditions.

§ 7. Final provisions and description of the possibility to use out-of-court complaint and redress procedures

1. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Customer who is also a consumer, to which it is entitled under mandatory provisions of law. In the event of inconsistency between the provisions of these Regulations and such provisions, such provisions shall prevail.
2. In matters not regulated by the Terms and Conditions, the provisions of Polish law shall apply, including in particular the Polish Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014 item . 827 of 24 June 2014) and the Act of 23 April 1964. - Polish Civil Code (Journal of Laws 1964 no. 16 item 93 as amended).
3. Information on the possibility of using out-of-court complaint handling and claim investigation procedures by a Customer who is a consumer or a natural person referred to in §4, section 11 of the Terms and Conditions, as well as the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection:
   • http://www.uokik.gov.pl/spory_konsumenckie.php;
   • http://www.uokik.gov.pl/sprawy_indywidualne.php;
   • http://www.uokik.gov.pl/wazne_adresy.php;
   A Customer who is a consumer or a natural person referred to in §4 point 11 of the Terms and Conditions has, among others, the following possibilities of using the out-of-court ways of dealing with complaints and asserting claims:
   1. a permanent consumer arbitration court operating at the Trade Inspection - the possibility of requesting the settlement of a dispute arising from a concluded sales agreement;
   2. the possibility of applying to the Regional Inspector of Trade Inspection in Katowice to initiate mediation proceedings on an amicable basis until the dispute between the Customer and the Shop is resolved;
   3. you can turn to the Municipal Consumer Ombudsman in Gliwice or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free consumer helpline number 800 007 707 and by the Polish Consumers' Association at the e-mail address porady@dlakonsumentow.pl.

Attachments to the Terms and Conditions

Attachment No 1

INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL

Right of withdrawal

1. You have the right to withdraw from this contract within 14 days without giving any reason.
2. The period for withdrawal shall expire 14 days from the day on which you acquire possession of the goods.
3. In order to exercise the right of withdrawal, you must inform the person responsible for the performance of the withdrawal action, i.e. the Seller, of your decision to withdraw from this contract by an unequivocal statement.
4. You may use the model withdrawal form, but it is not obligatory. You may also fill in and submit a withdrawal form or any other unequivocal statement electronically on our website bajahmade.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay. You may also complete and send a withdrawal form or any other unequivocal statement by e-mail to shop@bajahmade.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
5. In order to meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

6. Effects of withdrawal

   In the event of withdrawal from this contract, we will reimburse all payments received from you. We will reimburse you using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise, in which case you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we receive the item or until you provide us with proof of return, whichever event occurs first.
7. Please send back or hand over the item to us without delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the item before the period of 14 days has expired. You will have to bear the direct costs of returning the item.

Attachment No. 2

WITHDRAWAL FORM

Please be informed that this form should be completed and returned only if you wish to withdraw from the contract. The use of the form is optional.

Me/We(*)……………………………..hereby inform………………………of my/our(*) withdrawal from the contract of sale of the following(*)……………………………………………………………………………..a supply contract for the following(*)…………………………………………………………………………….… a contract for the following work(*)........…………………………………………….…………………...for the provision of the following service(*)………………………………………………………… Date of conclusion of the contract(*)………………./reception(*)…………….. Name of consumer(s)................................................................ Address of consumer(s)............................................................. Signature of consumer(s) (only if the form is sent on paper) Data………………..