Online shop regulations

Hi, nice of you to look here!

Below you will find the regulations, which contain information on, among others, the way of placing an order leading to the conclusion of a contract, details concerning the realisation of the concluded contract, forms of delivery and payment available in the shop, the procedure of withdrawal from the contract or the complaint procedure.

To begin with, our full registration details as shop administrator and seller: Katarzyna Kolpa, conducting business under the name Katarzyna Kolpa, 14 Jana i Stefana Rewersów Street, 62-002 Suchy Las, NIP: PL7773117363.

If you have any comments, questions, concerns, we are at your disposal at hello@thingpositive.com

Best regards and best wishes for a successful shopping experience
the team at thing positive online shop.

§ 1 Definitions

For the purposes of these Regulations, the following terms shall have the following meanings:

1. Buyer - a natural person, a legal person or a de facto legal person,
2. Consumer - a natural person concluding a sales agreement with the Seller which is not directly connected with his/her economic or professional activity,
3. Regulations - these regulations, available at https://thingpositive.com/regulamin/,
4. Shop - an online shop operating at https://thingpositive.com,
5. Seller - Katarzyna Kołpa, conducting business under the name Katarzyna Kołpa, ul. Jana i Stefana Rewersów 14, 62-002 Suchy Las, NIP: PL7773117363

§ 2 Preliminary provisions

1. The Seller conducts retail sales via the Shop and provides electronic services to the Buyers. Via the Shop, the Buyer may purchase products shown on the Shop's website.
2. The Regulations define the terms and conditions of using the Store, as well as rights and obligations of the Seller and the Buyers.
3. In order to use the Shop, including in particular to make a purchase in the Shop, it is not necessary for the Buyer's computer or other device to fulfil any specific technical conditions. These are sufficient:  
   1. Internet access,
   2. standard operating system,
   3. standard web browser,
   4. having an active e-mail address.
4. The Buyer may not make a purchase in the Shop anonymously or under a pseudonym.
5. It is forbidden to provide unlawful content while using the Shop, in particular by sending such content via the forms available in the Shop.
6. All product prices shown on the Shop website are gross prices.

§ 3 Services provided by electronic means

1. Via the Shop, the Seller provides electronic services to the Buyer.
2. The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Store leading to the conclusion of a contract with the Seller. Placing an order is possible without the need to have an account in the Store.
3. If the Buyer decides to create an account in the Shop, the Seller also provides the Buyer with an electronic service consisting of creating and maintaining an account in the Shop. The account stores the Buyer's data and the history of orders placed by him in the Store. Buyer logs into the account using his e-mail address and password defined by him.
4. Creating an account in the Shop takes place by ticking a relevant checkbox in the process of placing an order or filling in a separate account registration form available in the Shop. The Buyer may delete the account at any time by sending a relevant request to the Seller. Deletion of the account does not remove information about orders placed using the account, which information will be stored by the Seller until the expiration of the statute of limitations for claims under a contract concluded through the Store / throughout the duration of the Shop, unless the Buyer objects to the storage of this information, and the Seller will not have an overriding interest in their storage.
5. If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with an electronic service consisting of sending e-mails containing information about new products, promotions and products of the Seller. Subscribing to the newsletter takes place by completing and sending the newsletter subscription form or by ticking the appropriate checkbox in the process of order placement. The Buyer may unsubscribe from the newsletter at any time by clicking on the unsubscribe button visible in each message sent as part of the newsletter or by sending an appropriate request to the Seller.
6. Services are provided electronically to the Buyer free of charge. However, sales agreements concluded through the Shop are subject to charges.
7. In order to ensure the security of the Buyer and the transfer of data in connection with the use of the Shop, the Seller takes technical and organisational measures appropriate to the degree of risk to the security of services provided, in particular measures to prevent unauthorised acquisition and modification of personal data.
8. The Seller takes steps to ensure the full proper functioning of the Store. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Shop.
9. Any complaints related to the functioning of the Store, the Buyer may submit by electronic mail to the e-mail address hello@thingpositive.com. In a complaint, the Buyer should specify the type and date of irregularity related to the functioning of the Store. The Seller will consider any complaints within 30 days of receipt of the complaint and will inform the Customer of its resolution at the e-mail address of the complainant.

§ 4 Placing an order

1. The buyer can place an order as a registered customer or as a guest.
2. A registered customer is a Buyer who has an account in the Shop. The Buyer may create an account by ticking the appropriate checkbox in the process of order placement or by filling in a separate account registration form available in the Shop.
3. If the Buyer has an account with the Shop, he should log into it before placing an order. Logging in is also possible during the order placement process by clicking on the link available within the displayed message.
4. Placing an order is done by completing the order form after adding the products of interest to the Buyer to the basket. In the form it is necessary to provide data necessary for the execution of the order. At the stage of placing the order it is also necessary to choose the method of delivery of ordered products and the method of payment for the order. The condition of placing an order is the acceptance of the Regulations, with which the Buyer should first become familiar. In case of any doubts concerning the Regulations, the Buyer may contact the Seller.
5. The process of placing an order ends with clicking the button that finalizes the order. Clicking on the button finalizing the order is a declaration of will of the Buyer leading to the conclusion of a sales agreement with the Seller,
6. If the Buyer has chosen online payment when placing the order, after clicking the button finalizing the order the Buyer will be redirected to a payment gateway operated by an external payment operator in order to make payment for the order. If the Buyer has chosen payment by bank transfer, after clicking on the button finalizing the order the Buyer will be redirected to the Store's website with order confirmation and payment instructions. The payment for the order should be made within 3 days from the conclusion of the contract.
7. The Buyer must provide accurate personal data on the order form. The Buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or when the data raises reasonable doubts of the Seller as to its accuracy. In such a case the Buyer will be informed by phone or e-mail about the Seller's doubts. In such a situation, the Buyer has the right to clarify any circumstances related to the verification of the authenticity of the data provided. In the case of lack of data allowing the Seller to contact the Buyer, the Seller shall provide any explanations after the Buyer has made contact.
8. The Buyer declares that all data provided by him in the order form are true, while the Seller shall not be obliged to verify their truthfulness and correctness, although he has such a right pursuant to section 7 above.

§ 5 Delivery and payment

1. The available methods of delivery are described on the website of the Store and presented to the Buyer at the stage of placing the order. The cost of delivery of an order is borne by the Buyer, unless the Seller indicates otherwise on the Store website. The Seller has the right to decide to split the order into several separate shipments without incurring additional costs by the Buyer.
2. The available methods of payment for an order are described on the Shop website and presented to the Buyer at the stage of placing the order.
3. Electronic payments, including payment card payments, are handled through a third party payment system:
   1. Przelewy24, operated by PayPro Spółka Akcyjna with its registered seat in Poznań at ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Poznań Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP number 7792369887 - in this case the order is processed after the Seller receives information from the Przelewy24 system that the Customer made the payment. The rules of making payments by the Customers via the Przelewy24 System and the complaint procedure are available at https://www.przelewy24.pl/regulamin.
4. If the Buyer has requested an invoice, it will be delivered to the Buyer electronically, at the e-mail address given on the order form.

§ 6 Execution of the order

1. The execution of an order consists in completing the ordered products, packing them for delivery to the Buyer and sending the shipment to the Buyer in accordance with the form of delivery chosen by the Buyer of the order.
2. An order is considered to have been completed when the consignment is sent to the Buyer (entrusting the consignment to a carrier offering transport services).
3. Lead time is always indicated next to each product. Ordered products should be delivered to the Consumer within 30 days, unless the product description clearly indicates a longer period. In this situation, by placing an order, the Buyer agrees to a longer lead time resulting from the product description.
4. If the Buyer has ordered products with different lead times, the Seller shall be bound by the longest lead time of all products included in the order.

§ 7 Withdrawal from the Consumer Contract

1. A consumer who has entered into a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days from the date of taking possession of the purchased goods.
2. Starting from 01.01.2021, the right to withdraw from the agreement under the terms described in this paragraph and resulting from the Act on Consumer Rights shall also apply to a natural person concluding with the Seller an agreement directly related to its business activity, when the content of the agreement indicates that it is not of professional character for that person, resulting in particular from the subject of its business activity made available on the basis of the provisions of the Central Register and Information on Business Activity. Therefore, when the rights of the Consumer are referred to within this paragraph, as of 01.01.2021, these rights also apply to a person meeting the above criteria.
3. The right of withdrawal shall not apply to the contract in which the performance object is:
   1. a personalised product (a non-fabricated item produced to the consumer's specifications or intended to meet the consumer's individual needs),
   2. a product supplied in a sealed package which cannot be returned after opening for health or hygiene reasons if the package was opened after delivery,
   3. a product which, once delivered, is inseparable from other goods by reason of its nature,
   4. a product which spoils quickly or has a short shelf life;
4. In order to withdraw from the contract, the Consumer must inform the Seller of his decision to withdraw from the contract by an unequivocal statement - for example, a letter sent by post or e-mail.
5. The consumer may use our model withdrawal form, but it is not obligatory.
6. In order to comply with the withdrawal period, it shall be sufficient for the Consumer to send information concerning the exercise of the Consumer's right of withdrawal before the withdrawal period has expired.
7. The consumer is obliged to return the product to the Seller or hand it over to a person authorized by the Seller to receive it immediately, but no later than 14 days from the date on which he withdrew from the contract. To meet the deadline it is sufficient to return the product before its expiry
8. The consumer shall bear the direct costs of returning the item.
9. In the event of withdrawal from the contract, the Seller shall reimburse to the Consumer all payments received from the Consumer, including the cheapest available in the Shop cost of delivery of products (if the cost was covered by the Consumer) immediately, and in any case no later than 14 days from the date on which the Seller was informed about the exercise of the right of withdrawal. Reimbursement will be made using the same means of payment as were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution. In any event, the Consumer will not incur any charges in connection with the form of payment refund.
10. The Seller may withhold the reimbursement of the payment received from the Consumer until it has received the item back or the Consumer has supplied evidence of having sent it back, whichever event occurs first.
11. The consumer is liable for any diminished value of the product resulting from the use of the product beyond what is necessary to establish the nature, characteristics and functioning of the product.

§ 8 Liability for defects

1. The Seller is obliged to provide the Buyer with a defect-free product.
2. The seller is liable to the buyer if the product sold has a physical defect or a legal defect (warranty for defects).
3. If the product sold has a defect, the Buyer may:
   1. demand a replacement of the product with a defect-free product,
   2. request the rectification of the defect,
   3. make a declaration of price reduction,
   4. make a declaration of withdrawal.
4. If the Buyer finds a defect in the product, he shall inform the Seller about it, specifying at the same time his claim related to the found defect or making a statement of appropriate content.
5. The buyer may use our sample complaint form, but this is not obligatory.
6. The Buyer may contact the Seller via e-mail.
7. The Seller shall respond to the complaint submitted by the Buyer within 14 days from the date of receipt of the complaint by such means of communication as the complaint was submitted with.
8. Details concerning the Seller's warranty for defects are regulated by the provisions of the Civil Code (art. 556 - 576).
9. Starting from 01.01.2021, the provisions on the Seller's warranty for defects of the goods sold concerning Consumers, are also applicable to a natural person concluding an agreement with the Seller directly related to his/her business activity, when it follows from the content of the agreement that it does not have for that person a professional character, resulting in particular from the subject of his/her business activity made available on the basis of the provisions on Central Registration and Information on Business Activity.

§ 9 Personal data and cookies

1. The administrator of the Buyer's personal data is the Seller.
2. The Buyer's personal data is processed for the following purposes and based on the following legal bases:
   1. 1) the conclusion and performance of the contract - Article 6(1)(b) of the RODO,
   2. 2) fulfilment of tax and accounting obligations - Article 6(1)(c) of the DPA,
   3. 3) defence, investigation or establishment of claims related to the agreement, which is a legitimate interest pursued by the Seller - Article 6(1)(f) of the RODO,
   4. 4) Identification of a returning customer, which is a legitimate interest pursued by the Seller - Article 6(1)(f) of the RODO,
   5. 5) handling enquiries sent by Buyers not yet leading to the conclusion of an agreement, which is a legitimate interest pursued by the Seller - Article 6(1)(f) of the RODO,
   6. 6) the sending of newsletters, following previously given consent - Article 6(1)(a) of the RODO.
3. The recipients of the Buyer's personal data are: courier companies, tax authorities, accounting office, law firm, hosting company, invoicing system provider, CRM system provider, mailing system provider.
4. Due to the use of the mailing system of UAB "MailerLite", J. Basanavičiaus 15, LT-03108 Vilnius, Lithuania, the personal data of Buyers who have subscribed to the newsletter are transferred to Lithuania. The MailerLite system provider guarantees an adequate level of personal data protection through appropriate compliance mechanisms (Privacy Shield).
5. The Buyer's personal data shall be stored in the Seller's database for the entire period of conducting business activity in order to be able to identify a returning customer, which, however, the Buyer may object to by requesting that his or her data be deleted from the Seller's database. If such objection is made before the expiry of the limitation period for claims under the concluded agreement, the Seller shall have an overriding interest in storing the Buyer's data until the expiry of the limitation period for claims. Accounting documentation containing the Buyer's personal data shall be stored for the period required by law.
6. The Buyer's rights related to the processing of personal data: the right to request from the Seller access to personal data, their rectification, erasure, restriction of processing, the right to object to processing, the right to data portability, the right to lodge a complaint to the President of the Office for Personal Data Protection.
7. Providing personal data by the Buyer is voluntary, but necessary to contact the Seller, set up a user account, conclude a contract or subscribe to a newsletter.
8. The shop uses cookie technology.
9. Details related to personal data and cookies are described in the privacy policy available at https://thingpositive.com/polityka-prywatnosci/.

§ 10 Intellectual property rights

1. The Seller hereby informs the Buyer that the content available on the Shop website and elements of physical products (e.g. graphic designs) may constitute works within the meaning of the Act of 4 February 1994 on copyright and related rights, to which the Seller is entitled.
2. The Seller hereby instructs the Buyer that further distribution of copyrighted content by the Buyer without the consent of the Seller, except for the use of the content within the framework of permitted personal use, constitutes an infringement of the Seller's copyright and may result in civil or criminal liability.

§ 11 Out-of-court complaint and redress procedures

1. The Seller agrees to submit any disputes arising in connection with the sale of goods to mediation proceedings. Details will be determined by the conflicting parties.
2. The Consumer has the possibility to make use of out-of-court ways of dealing with complaints and asserting claims. Amongst others, the Consumer has the possibility to:
   1. 1) apply to a permanent amicable consumer court to resolve a dispute arising from a sales contract concluded,
   2. 2) apply to the regional inspector of the Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Buyer and the Seller,
   3. 3) use the assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
3. For more detailed information on out-of-court complaint and redress procedures, the Consumer can refer to the website http://polubowne.uokik.gov.pl.
4. The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking to resolve out-of-court disputes concerning contractual obligations arising from an online sales or service contract.

§ 12 Final provisions

1. The Seller reserves the right to introduce and cancel offers, promotions and to change prices of products in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change.
2. The Seller reserves the right to make changes to the Terms and Conditions. Agreements concluded before the amendments to the Terms and Conditions shall be governed by the Terms and Conditions in force on the date of conclusion of the agreement.
3. Any disputes related to agreements concluded through the Shop shall be settled by the Polish common court competent for the place of permanent establishment of the Seller. This provision does not apply to consumers, for whom the jurisdiction of the court is considered on a general basis. Starting from 01.01.2021 this provision also does not apply to a natural person who concludes an agreement with the Seller directly related to his or her business, if it follows from the content of the agreement that it is not of a professional nature for that person, resulting in particular from the subject of his or her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity - in the case of such a person the court jurisdiction is considered on a general basis.
4. These Regulations shall be effective as of 01.05.2021.
5. All archived versions of the Rules are available for download in .pdf format - links are provided below the Rules.