TERMS AND CONDITIONS OF THE ONLINE STORE

CHAPTER I - DEFINITIONS:

The terms used in these Regulations shall mean:

1. Seller - Mr. Paweł Balawender conducting a sole proprietorship under the business name Amper Technic Paweł Balawender at the address: 5c/53 Pachońskiego St., 31-223 Kraków, according to the entry in the Central Register and Information on Business Activity of the Republic of Poland supervised by the Minister of Development and Technology, NIP: 8652530478, REGON 181153789, email: kontakt@porcelann.pl, contact phone +48 504 267 195, every day on Working Days from 10:00 - 17:00 (call charge according to the tariff of the operator, the services of which are used by the User),
2. Online store - Internet platform run by the Seller in Polish at the URL: https://porcelann.com enabling the conclusion of Sales Agreements;
3. Contracting authority - a natural person of full legal age who has the capacity to perform legal acts (which also includes a natural person running a sole proprietorship), a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, making an Order from the Online Store;
4. User - Any person using the website of the Online Store;
5. Product or Products - Original handmade jewelry containing porcelain elements combined with 24K gold-plated silver and natural stones, offered by the Seller for retail sale on the Online Store;
6. Product Page - a single subpage in the Online Store, which presents detailed information about the Product;
7. Price - the gross price of the Product placed next to the Product information, but not including the cost of delivering the Product to the Orderer;
8. Order - a statement of intent of the Ordering Party made through the Online Store, indicating the Product or set of Products specified for execution by the Ordering Party, in accordance with these Regulations;
9. Working days - weekdays from Monday to Friday, excluding public holidays;
10. Sales contract - Agreement for the sale of Products within the meaning of the Civil Code, concluded between the Seller and the Orderer using the Online Store, i.e. concluded by means of distance communication;
11. Consumer - a natural person making a legal transaction with the Seller that is not directly related to his business or professional activity, as defined in Article 22 (1) of the Civil Code;
12. Consumer-Entrepreneur - a sole proprietor who enters into a Sales Agreement directly related to his business or professional activity, But not professional in nature for her, resulting, in particular, from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity;
13. Account - a tool available in the Online Store system, which, after entering an e-mail address (Login) and Password, allows the User to, among other things, track on the Online Store website the stages of the Order, view the Order history, edit the Orderer's contact information and change the Password, etc..; 
14. Login - e-mail address indicated by the User during registration in the Online Store, required together with the Password to create an Account;
15. Password - a string of letters, numbers or other characters selected by the User during the registration of the Ordering Account, used to secure access to the Ordering Account;
16. Civil Code - The Act of April 24, 1964, Civil Code (unified text, Journal of Laws of 2020, item 1740. as amended);
17. Consumer Law - Act of May 30, 2014 on consumer rights ( uniform Journal of Laws of 2020, item 287. as amended);
18. Law on Provision of Electronic Services -. Act of July 18, 2002 on the provision of services by electronic means (unified text: Journal of Laws of 2020, item 344. as amended);
19. Code of good practice - A set of rules of conduct, and in particular ethical and professional standards, referred to in Article 2 item. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007 (consolidated text, Journal of Laws of 2017, item 2070. as amended);
20. Regulations - these terms and conditions of the Online Store.

CHAPTER II - GENERAL PROVISIONS:

1. Placing an Order for Products offered in the Online Store and the execution of Orders are carried out on the basis of these Regulations and generally applicable laws. These Regulations are the rules and regulations referred to in Article 8. of the Electronic Services Act.
2. The number of promotional or saleable Products offered is limited. Fulfillment of Orders for such Products shall take place in the order in which they were placed by the Ordering Parties, until stocks are exhausted. Promotions offered in the Online Store do not merge, unless otherwise stated in the rules of a given promotion.
3. Information provided in the Online Store (in particular, regarding Prices) does not constitute a commercial offer within the meaning of Article 66 of the Civil Code, it is only an invitation to submit offers as defined in Article 71 of the Civil Code.   
4. All prices shown on the website of the Online Store are expressed in Polish zloty (PLN) and are gross prices (including VAT).  
5. It is forbidden to use the Online Store to send unsolicited commercial information, spam within the meaning of the Electronic Services Act, as well as to use the Online Store website in a manner contrary to the law, good morals, violating the personal rights of third parties or the legitimate interests of the Seller.
6. In order to use the Online Store, the User should, on his own, obtain access to a computer workstation or other terminal device with Internet access and active e-mail. The use of the Online Store is possible for the User having the following equipment: 
7. PC or other device with Internet access;
   b. internet access;               
8. Web browser, such as Firefox, Internet Explorer or Google Chrome or other; 
9. active email account.
10. Direct contact with the Seller is possible by email, telephone or using the contact form, and all contact details of the Seller are provided in these Terms and Conditions and in the Online Store under the tab The Seller does not charge any fees for communicating with him using the means of remote communication indicated in this paragraph.
11. The Seller informs that it does not apply any Code of Good Practice.

CHAPTER III - SERVICES PROVIDED ELECTRONICALLY:

1. Services provided electronically on the basis of these Regulations consist of enabling Users to make purchases in the Online Store, in particular using an Account, and providing the Account Password reminder service, the service of posting reviews on the Product Page and the service of sharing the Product Page on the social media indicated on the Product Page.
2. Use of the Account service requires the User to uncheck the appropriate check-box when placing an Order, or to complete the registration form and establish a Password. A message confirming Account registration will be sent to the User's e-mail address indicated in the registration form. The moment the registration is confirmed, the contract for maintaining the Account is concluded between the User and the Seller under the conditions specified in the Regulations.
3. Registration of an Account is free of charge and voluntary. The Login and Password are confidential in nature. The Orderer using the Login and Password is asked to keep this information confidential. The Password is not known to the Seller. Each User may have only one Account in the Online Store. The Account is non-transferable, the User is not allowed to use the Accounts of other Users and share the use of the Account, including the Login and Password, with other people. A User with an Account can track the history of his/her Orders, as well as manage payment and shipping data. The User may at any time resign from having an Account by sending a request for its deletion by e-mail or by reporting it by phone to the Seller.
4. The Account Password reminder service consists in enabling the User who has registered an Account to send a link to the e-mail address indicated during Account registration, which will enable him/her to change the existing forgotten Password by creating a new Password.
5. The service of posting an opinion about a Product consists in enabling the User to post a subjective opinion about the Product on the Product Site, along with its rating on a five-star scale. The opinion is visible on the Product Site after its acceptance by the Seller and verification that the User submitting the opinion has purchased the rated Product from the Seller. The User does not receive any remuneration from the Seller or other benefits for using this service.
6. The service of sharing the Product Page on the social media indicated on the Product Page consists in allowing the Product Page to be displayed together with the User's subjective commentary about the Product by the User logged on the selected social media site from among those available on the Product Page. The User does not receive any remuneration from the Seller or any other benefits for using this service.
7. Users may not post or provide content that could in any way violate the personal rights of third parties or the Seller, or violate any other rights of third parties, including copyrights, industrial property rights, business secrets. It is also forbidden for Users to post any content of an offensive nature, violating good morals, laws or social norms, or content containing any personal data of third parties without their consent, as well as content of an advertising nature.
8. The contract for electronic provision of services by the Seller regarding the Account and other services provided by the Seller electronically is concluded for an indefinite period of time. The user may terminate this agreement at any time free of charge. Termination of the agreement on provision of services by electronic means by either party shall not affect the performance of already concluded Sales Agreements, unless the parties agree otherwise.
9. The Seller may terminate the contract for the provision of electronic services with 14 days' notice if:
10. the purpose of registration or the use of services is contrary to the principles and purpose of the Online Store, 
    b. the User's activity is contrary to the applicable moral norms, incites to violence or committing a crime, and if it violates the rights of third parties,
11. The Seller has received official notification of the unlawful nature of the provided data of the Ordering Party or related activities,
12. The user admits to sending unsolicited commercial information,
    e. The User, in a gross or persistent manner, violates the provisions of the Terms of Use,             
    f. the address data provided by the Ordering Party raises objectively reasonable doubts as to their correctness or truthfulness, and these doubts could not be removed by telephone contact or e-mail.
13. The Seller makes every effort to ensure the proper and uninterrupted operation of the Online Store. In case the services offered by the Seller indicated in these Regulations, e.g. are inconsistent with them, do not work properly, the User has the right to file a complaint. Users are requested to submit complaints in electronic form to the e-mail address: kontakt@porcelann.pl or in writing to the Seller's address. Users are asked, in order to facilitate the process of complaint processing, to indicate in the complaint their personal data, contact phone number or e-mail and to describe the reported objections.
14. Complaints related to services provided electronically by the Seller shall be considered within 30 days from the filing of the relevant complaint, in accordance with applicable regulations. The User will be informed by the Seller by e-mail about the manner of its consideration.

CHAPTER IV - ORDER AND CONCLUSION OF THE CONTRACT OF SALE:

1. To make an Order in the Online Store, the User, may or may not register and create an Account.
2. In order to place an Order on the Online Store, the Ordering Party is asked to perform the following steps:

• making a selection of the Product to be purchased and the quantity of the ordered Product, clicking the "Add to cart" button,

1. then after selecting all the ordered Products, clicking on the shopping cart icon and clicking on the "View Cart" button, and then "Proceed to Payment",

• Then the User should provide the information required in the Order form, including his personal data for the purpose of completing the Order, enter any comments or remarks addressed to the Seller in the field indicated for this purpose, make a choice of delivery method and payment method from among those available when placing the Order, confirm reading the Terms and Conditions, and in order to complete the Order, after verifying the data and information entered by the Orderer for the purpose of placing the Order and their possible modification, if there was any mistake, click the "I buy and pay" button.
  
  3. Placing Orders on the Online Store is possible 24 hours a day, 7 days a week, but Orders are processed only on Business Days.
  4. Sending an Order for Products constitutes an offer made by the Ordering Party to the Seller to conclude a Sales Contract, in accordance with the Terms and Conditions.  
  5. The purchaser receives from the Seller:

1. confirmation of receipt of the Order, i.e. an automatically generated e-mail message confirming that the Seller has received the Order, containing the number and date of the Order, the Orderer's data, description of the Product (or a link to the description on the Product Page in the Online Store), the Price and other information regarding the Order;
2. message stating that the Order is in process. Such message is sent after the Seller verifies the Order and accepts it for processing. Upon receipt of the aforementioned email information, the Contract of Sale is concluded. The Contract of Sale is concluded in the Polish language.
   
   6. The Seller does not specify the minimum value of the Order in the Online Store.
   7. The contents of Sales Contracts concluded using the Online Store are stored by the IT system of the Online Store for the period of holding an Account, and the contents of these contracts are made available only to the parties to the Sales Contract. Each Ordering Party, after logging in to the Account, has access to all of its Contracts of Sale concluded through the website of the Online Store for the period of their storage in the computer system specified in the first sentence. In the absence of an Account, the contents of Sales Contracts concluded using the Online Store are stored by the IT system until the expiration of the period of withdrawal from the Sales Contract by the Consumer or Consumer-Entrepreneur, but no longer than for a period of 3 months from the conclusion of the Sales Contract.

CHAPTER V- FORMS OF PAYMENT, DELIVERY COSTS:

1. The available payment method in the Online Store for the Products is as follows prepayment via electronic payment system przelewy24.pl or Tpay.com, Also using Blik code and credit cards (supported payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro).
2. Electronic payments are realized in such a way that the Buyer of the Products in the Online Store chooses electronic payment as a form of payment and is redirected to the chosen service przelewy24.pl or Tpay.com. After logging in to the bank or selecting BLIK payment, he/she receives a transfer form ready for approval with the appropriate amount, transfer title and Seller's data. After accepting the transfer, the Orderer is redirected back to the Online Store.
3. The operator of the payment cards and the external electronic payment system przelewy24.pl is PayPro S.A. with its registered seat at: ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the KRS number 0000347935, NIP 7792369887, REGON 301345068, clearing agent entered in the register of national payment institutions kept by the Polish Financial Supervision Authority under the UKNF number IP24/2014.
4. The operator of the payment cards and the external electronic payment system Tpay.com is Krajowy Integrator Płatności S.A. with its registered office at Plac Andersa 3, 17th floor, 61-894 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the KRS number 0000412357, NIP 7773061579, REGON 300878437, with the share capital of 5.494,980 PLN paid in full, a clearing agent entered in the register of national payment institutions kept by the Polish Financial Supervision Authority under the number UKNF IP27/2014.
5. The Orderer's personal data are transferred to PayPro S.A. or Krajowy Integrator Płatności S.A. (depending on the payment system selected by the Orderer), which is their personal data administrator.
6. The Seller shall await payment of the Order for 7 Business Days from the conclusion of the Sales Contract. If the Ordering Party fails to pay for the Order within the period referred to in the preceding sentences, the Order will be cancelled.
7. The time to start processing the Order coincides with the moment when the Seller receives information about payment from the electronic payment system.
8. Orders are delivered via courier service or to a parcel machine Inpost chosen by the Buyer. The cost of delivery ranges from 13 PLN to 20,11 PLN depending on the selected form of delivery, and is indicated in detail in the tab Implementation and delivery.
9. The total cost of delivery of the Products (i.e. the Price of the Products and the fee for the form of delivery chosen by the User) is visible to the Orderer when placing the Order, as well as in the email confirming the Order and after logging in to the Orderer's Account under the tab "My account/orders/order details".. Charging the Consumer or Consumer-Entrepreneur with additional costs will be done only after obtaining his express consent.
10. Orders for the amount of 400 PLN and above (this amount does not include the cost of delivery) are delivered free of charge, at the expense of the Seller to the delivery address in Poland.

CHAPTER VI - CONTRACT EXECUTION:

1. For a given Order, the Price from the moment of placing the Order is binding.
2. As a rule, Orders are fulfilled within 1 to 2 Business Days counted from the receipt of information about payment from the electronic payment system, or from the conclusion of the Sales Agreement (in case of selection of payment upon receipt of the Order). Products are shipped to the Consumer or Consumer-Entrepreneur within 30 days at the latest, unless the parties agree on a different period in the Sales Agreement.
3. The expected lead time of the Order is the time that elapses from the acceptance of the Order for processing until the shipment of the ordered Products, and only Business Days are taken into account. Time of receipt = lead time + expected delivery time.
4. On the Product Page there is information about the availability of the Product in the Seller's warehouse. However, if there are Products in the Order, the delivery of which will not be possible, the Seller will immediately inform the Ordering Party by e-mail or telephone. The Ordering Party, who is a Consumer or a Consumer-Entrepreneur, then has the right to resign from the entire Order, or to resign from the Product that is missing, or to agree to extend the execution time of the Order, or to execute the Order in parts, or to agree to replace the missing Product with a similar one with similar properties and Price, in case of payment of the Price for the Order in advance, any refund to the Buyer of the Price for the Product not available for execution will be made in the same way as payment of the Price.
5. In the case of a delivery address outside Polish borders, the Ordering Party is asked to contact the Seller immediately in order to establish individual terms of the Sales Agreement, in particular the cost of delivery of the Order.
6. The Ordering Party agrees to take delivery of the ordered Products and/or pay the Price for the Order designated by the Seller.
7. After receiving the Products from the supplier, the Ordering Party is asked to check, in the presence of the supplier, whether both the shipment and the Products in it have no damage resulting from transportation, whether they are in accordance with the Order. Checking the shipment is a free service, guaranteeing the highest quality of service. If the shipment is found to be damaged, incomplete or not in accordance with the Order, The purchaser is asked to notify the supplier of this fact.
8. If the Ordering Party is not a Consumer or a Consumer-Entrepreneur, the Seller reserves the right of ownership of the Product until the Price is paid, in accordance with the provisions of these Terms and Conditions.
9. For each Product sold, a fiscal receipt or a VAT invoice is issued. From January 2020, the receipt of an invoice by the Consumer is possible only after correct transmission of data (including Tax Identification Number) when placing an Order. The sales document is a written confirmation of the content of the submitted Order and the concluded Sales Agreement.
10. The Seller undertakes to deliver the Products without defects, excluding any defects indicated in the sales offer on the individual Product Pages in the Online Store.
11. The Ordering Party is kept informed of changes in the status of the Order by email.

CHAPTER VII - THE RIGHT TO WITHDRAW FROM THE SALES CONTRACT:

1. Pursuant to Article 27. of the Consumer Act, the Seller informs about the right of the Consumer and the Consumer-Entrepreneur to withdraw from the Sales Contract within 14 days without giving any reason. The deadline for withdrawal from the Agreement expires after 14 days from the day on which the Consumer or Consumer-Entrepreneur took possession of the item or on which a third party other than the carrier and indicated by the Consumer or Consumer-Entrepreneur, took possession of the item.
2. In order to exercise the right to withdraw from the Sales Contract, the Seller must be informed of the decision to withdraw from the Sales Contract by an unequivocal statement (for example, in the form of a letter sent by mail or e-mail). If the Consumer or Consumer-Entrepreneur uses the form of sending a statement of withdrawal from the Sales Contract by e-mail, the Seller shall immediately send the Consumer or Consumer-Entrepreneur an acknowledgement of receipt of the withdrawal information on a durable medium (for example, by e-mail).
3. A Consumer or Consumer-Entrepreneur may also use the model withdrawal form, which is attached as Appendix 1 to these Regulations, but this is not mandatory.
4. In order to comply with the deadline for withdrawal from the Sales Contract, it is sufficient to send information on the exercise of the Consumer's or Consumer-Entrepreneur's right of withdrawal before the expiration of the deadline for withdrawal from the Sales Contract.
5. Effects of withdrawal: In the event of withdrawal from the Sales Contract, the Seller shall return to the Consumer or Consumer-Entrepreneur all payments received from him/her, including the costs of delivery of the Products (except for additional costs resulting from the method of delivery chosen by the Consumer or Consumer-Entrepreneur other than the cheapest ordinary method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the decision of the Consumer or Consumer-Entrepreneur to exercise the right of withdrawal from the Sales Contract.
6. The Seller will refund the payment using the same means of payment that were used by the Consumer or Consumer-Entrepreneur in the original transaction, unless the Consumer or Consumer-Entrepreneur expressly agreed to a different solution; in any case, the Consumer or Consumer-Entrepreneur will not incur any fees in connection with this refund. In case of payment for the Products by debit or credit card, the refund shall be made to the bank account assigned to the card. The Seller may withhold reimbursement until it receives the Products or until it is provided with proof of return, whichever event occurs first.
7. Returned Products the Consumer or Consumer-Entrepreneur is requested to send back or hand over to the following address of the Seller: 5c/53 Pachońskiego Street, 31-223 Kraków immediately, and in any case no later than 14 days from the day on which the Consumer or Consumer-Entrepreneur informed the Seller about withdrawal from the Sales Agreement. The deadline is met if the Consumer or Consumer-Entrepreneur takes back the Product before the expiry of the 14-day period. The Consumer or Consumer-Entrepreneur will have to bear the direct costs of returning the Products.
8. The Consumer or Consumer-Entrepreneur shall be liable only for the diminished value of the Products resulting from the use of the Products other than necessary to ascertain the nature, characteristics and functioning of the Products. This means that if the Consumer or Consumer-Entrepreneur returns a Product damaged, used for a purpose other than necessary to ascertain the nature, characteristics and functioning of the Product, the Seller is entitled to reimburse the Consumer or Consumer-Entrepreneur the Price less the lost value of the Product through improper use of the Product. The Consumer or Consumer-Entrepreneur is requested to properly protect the returned Products for the time of their transportation to the Seller.
9. In accordance with the provisions of Article 38. of the Consumer Law, the Consumer is not entitled to withdraw from the contract with respect to contracts:
   1. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer or Consumer-Entrepreneur, who was informed before the start of the service, that after the performance of the entrepreneur will lose the right to withdraw from the contract;
   2. in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the deadline for withdrawal;

• in which the object of performance is a non-refabricated item, produced to the specifications of the Consumer or Consumer-Entrepreneur or serving to meet his individualized needs;

1. in which the object of performance is an item that is perishable or has a short shelf life;
2. in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
3. in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
4. in which the object of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;
5. in which the Consumer or the Consumer-Entrepreneur expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary for repair or maintenance, the right of withdrawal shall be granted to the Consumer or the Consumer-Entrepreneur with respect to the additional services or items;
6. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
7. for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;
8. concluded through a public auction;
9. for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
10. on the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer or Consumer-Entrepreneur before the expiration of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right of withdrawal.

CHAPTER VIII - COMPLAINTS:

1. The Seller shall be liable for defects in the Product, in accordance with the principles of seller's liability under warranty indicated in the provisions of the Civil Code, in particular Articles 556 and 556(1) - 576 of the Civil Code. If the purchaser of the Product is not a Consumer or a Consumer-Entrepreneur, the Seller's liability under warranty is excluded pursuant to Article 558 § 1 of the Civil Code.
2. For the avoidance of doubt, the Seller indicates that it does not provide a warranty for the Products within the meaning of Article 577 of the Code
3. If the Product is found to be defective, the Purchaser may submit a warranty claim to the Seller by sending it by e-mail to the e-mail address: kontakt@porcelann.pl or by mail to the address: 5c/53 Pachońskiego St., 31-223 Kraków.
4. When making a complaint, the Ordering Party is asked, in order to facilitate the processing of the complaint, to provide the following data: name and surname, exact address of residence, Order no., e-mail address, and to describe in detail the defect of the Product and the claim of the complainant under the warranty (replacement with a new one, reduction of the Price, withdrawal from the Sales Agreement in case of a significant defect of the Product). When submitting a complaint, the Ordering Party is also asked to attach a copy of the proof of purchase from the Seller (e.g. a copy of the receipt or VAT invoice).
5. Complaints are considered within 14 days of the filing of the relevant complaint, in accordance with applicable regulations. The Purchaser will be informed by the Seller about the manner of its consideration. The Seller considers each complaint individually.
6. The seller informs that consents for settlement of consumer disputes under the Act of September 23, 2016 on out-of-court settlement of consumer disputes (Journal of Laws 2016, item 1823). If the complaint is not recognized by the Seller, the Consumer may use the out-of-court ways to resolve complaints and assert claims and request the intervention of the Provincial Inspectorate of Commercial Inspection in Krakow, 7 Ujastek Street, 31-752 Krakow, e-mail address: sekretariat@krakow.wiih.gov.pl, website: http://krakow.wiih.gov.pl Detailed procedures for using the Trade Inspection are available on the office's website and at uokik.gov.pl under "Settlement of consumer disputes" and "Important addresses". Out-of-court redress after the complaint procedure is free of charge. In the case of an Ordering Party that is a Consumer who wishes to use the out-of-court method of claim redress, there is additionally the possibility of filing a complaint through the EU online ODR platform, available at the following address  http://ec.europa.eu/consumers/odr/ For the avoidance of doubt, the Seller indicates that the rights described in this paragraph 6. are not entitled to Orderer who is a Consumer - Entrepreneur.

CHAPTER IX - PERSONAL INFORMATION:

1. The User, while making an Order in the Online Store without registering an Account, and/or registering an Account, and/or contacting the Seller (by e-mail, phone, or contact form), and/or using other services provided by the Seller electronically indicated in Chapter III of these Regulations - provides the Seller with his/her personal data (name and surname, address, delivery address, e-mail, telephone number, possibly company name, business address, NIP, IP address of the computer used by the User while using the Online Store).
2. In the case of making an Order without registering an Account, and/or contacting the Seller, and/or using the services provided by the Seller electronically - the legal basis for the processing of personal data is the execution of the Sales Agreement/Contract for the provision of services selected by the User electronically, and/or taking steps to conclude a Sales Agreement/Contract for the provision of services electronically, contacting the User, based on the User's request, in accordance with the provisions of Art. 6. section 1. letter b) of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 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 the "RODO Regulation."). In the case of registration of an Ordering Account - the legal basis for the processing of personal data is the consent of the User, in accordance with the provisions of Article 6. paragraph 1. letter a) of the RODO Regulation.
3. The administrator of personal data is the Seller. Provision of personal data in any of the situations indicated in item. 1. is voluntary, but necessary for the purpose for which the data were obtained. Orderers' data may be made available only to authorized entities, in accordance with applicable laws, such as the State Trade Inspection, courts, law enforcement agencies, at their request. User data will not be processed in an automated manner, nor will it be subject to profiling.
4. For more information on the processing of personal data, including your rights, see Privacy Policy, which is an integral part of the Regulations.

CHAPTER X - OTHER PROVISIONS:

1. In matters not regulated by these Regulations, the relevant provisions of Polish law shall apply, in particular the Civil Code, the Act on Providing Services by Electronic Means, the RODO Regulation, and with respect to Consumers as well as Consumers-Entrepreneurs also the Consumer Act.
2. For the avoidance of doubt, it is stated that nothing in these Terms and Conditions limits or excludes the rights of the Consumer or Consumer-Entrepreneur under the laws of the Consumer's or Consumer-Entrepreneur's country. In the event that the provisions of the law of the Consumer's or Consumer-Entrepreneur's country are more favorable to him/her than the provisions of Polish law, and they are universally applicable, they shall apply to both the Seller and the Consumer and Consumer-Entrepreneur in the Sales Agreement concluded on the basis of these Terms and Conditions.
3. The Seller shall be entitled to make changes to these Terms and Conditions for important reasons (e.g. change of law, change of rules of operation of the Online Store). If changes are made to these Terms and Conditions, the User will be notified at least 14 days in advance of the effective date of the changes (relevant information about the changes to the Terms and Conditions will be posted on the Online Store website, and Users who have an Account or subscribe to a newsletter will receive information about the change to the Terms and Conditions via email). If the User does not accept the amended Terms and Conditions, he/she has the right to abandon the use of the Online Store and terminate the contract for the provision of services. This does not exclude or limit the User's right to resign from the Online Store at any time.
4. The content of these Terms and Conditions may be recorded by printing, saving to a media or downloading at any time from the website of the Online Store.
5. The provisions of the Regulations shall be interpreted in such a way as to ensure their compliance with applicable laws. 

Krakow, June 7, 2022.

Appendix No. 1 - sample statement of withdrawal from the contract by the Consumer or Consumer-Entrepreneur.

This form must be completed and returned only if you wish to withdraw from the Sales Contract

________________________________________________________

Consumer's name/company data of the Consumer-Entrepreneur

_____________________________________________________

address of residence/address of registered office of the Consumer-Entrepreneur

_____________________

contact phone

_____________________

e-mail

_________________________________

order number and receipt/invoice number

PorcelAnn, 5c/53 Pachońskiego St., 31-223 Kraków

marked "withdrawal from the contract"

Declaration of withdrawal from a contract concluded at a distance

Acting in accordance with Article 27 of the Law of 31.05.2014 on consumer rights, I hereby declare that I withdraw from the contract of sale of the following goods _______________________________________________________________________________

The sales contract was concluded with Amper Technic Pawel Balawender on _______________, and I received the products on ________________.

  Please return the funds to the following bank account: __________________________________________________________   ______________________Date and signature of waiver of sales contract (only if the document will be sent to the seller in hard copy)