Terms and Conditions of barbaras.pl online shop
The terms used in these Terms and Conditions mean:
1. Customer – a natural or legal person or an organizational unit without legal personality which by law is granted legal capacity that places an Order in the Online Shop;
2. Civil Code – Act of 23 April 1964 (Dz. U., No. 2018, item 1025, as amended);
3. Terms and Conditions – these Terms and Conditions for the provision of services by electronic means by Barbaras.pl online shop;
4. Online Shop (Shop) – a website available at www.barbaras.pl where Customers can place Orders;
5. Product – products displayed in the Online Shop;
6. Sale agreement – a contract for the sale of Products, as defined by the Civil Code, concluded between F.O Barbaras and the Customer using the Online Shop;
7. Act on specific terms and conditions of consumer sale – Act on Consumer Rights (consolidated text, Dz. U., No. 2017, item 683, as amended);
8. Act on Electronic Services – Act of 18 July 2002 on Electronic Services (Dz. U., No. 2017, item 1918, as amended);
9. Order – a declaration of intent by the Customer leading directly to concluding a Sale agreement that specifies, among others, the type and number of Products.
2. GENERAL PROVISIONS
2.1. These Terms and Conditions are terms and conditions as defined in article 8 of the Act on Electronic Services.
2.2. Online shop at www.barbaras.pl is run by Firma Odzieżowa (Clothing Company) Barbaras Marcin Skowron located at Sztombergi 100, 28-200 Staszów, entered in the registry of enterprises of Poland maintained the Mayor of City and Municipality of Staszów under no. 2405, with NIP 8661170743 and REGON 830275421.
Tel. +48 15 865 29 12
e-mail: email@example.com and firstname.lastname@example.org
2.3. These Terms and Conditions contain the rules of:
1) providing Customers with electronic services through Barbaras online shop, especially creation and maintenance of Customer accounts, sending Newsletter to Customers and letting Customers use the interactive Order form,
2) conclusion and performance of sale agreements for Products presented in the Shop and for additional Services provided through the Shop when Orders are placed.
2.4. Only the following persons can be Customers of the Shop:
1) bnatural person aged 18 or above or
2) legal person or
3) organizational unit without legal personality which by law is granted legal capacity.
2.5. In order to use the Shop, the following are required: a device with access to the Internet, an active email account, a browser:
b.) Mozilla Firefox version 11.0 or higher or Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher, recommended resolution: 1024x768.
2.6 The cost of accessing the Internet by the Customer depends on the prices set by the telecommunications operator or Internet service provider used by the Customer. The aforementioned costs and any other costs of meeting the technical conditions from point 3 shall be paid by the Customer.
2.7. In compliance with the law, Barbaras reserves the right to restrict the services provided through the Online Shop to persons aged 18 or above. In such cases, the potential Customer shall be notified.
2.8. Customers can access these Terms and Conditions at any time by clicking on the link on the homepage of www.barbaras.pl and also by downloading or printing them.
about Products found on the pages of the Shop, especially their descriptions, technical and performance parameters, and prices are an invitation into a contract as per article 71 of the Civil Code.
3. REGISTRATION AND LOGGING IN
3.1.The Seller provides Customers with the following electronic services through the Shop:
1) creation and maintenance of Customer accounts in Barbaras Online Shop.
2) Order form,
3.2. Concluding an agreement for any of the electronic services listed in subsection 3.1 requires, apart from fulfilling additional conditions specific to each of them, a confirmation from the Customer that they:
1) are a person aged 18 or above, or a legal person, or an organizational unit without legal personality which by law is granted legal capacity,
2) have read and accepted these Terms and Conditions,
3.3. The above mentioned electronic serves cannot be used by the Customer to provide banned or illegal content.
3.4. In order to use every feature of the Online Shop, Customers need to create an individual account where the following data is stored: data provided by the Customer, information on Orders made through the Shop, discounts received, Newsletter subscription information.
3.5. In order to create an account, the Customer needs to complete the Registration form by entering their Login (email address) and Password and then confirming them by clicking on "Create account". Within 1 working day after the Account is created, the Customer shall receive a message at the provided email address from the Shop that confirms that the Account has been Registered. The message shall contain a link which, when clicked, shall conclude an agreement for the provision of the Account service.
Creating an Account is also possible when placing an Order by selecting the appropriate option in the Order form and then clicking on the link in the message from the Shop about Registration (as described in the previous sentence).
3.6. The Account service is free of charge and lasts for an indeterminate period. Creating an Account is not necessary for using the Shop, including placing Orders. However, having an Account makes placing Orders easier as the Customer's personal data is stored in their Account.
3.7. After logging in to their Accounts, Customers can amend or update the data provided during Registration or later, with the exception of the Login (email address) with which the Account was registered.
3.8. The Shop reserves the right to stop providing the Account service if no Order is placed on it by the Customer within the period of 3 years. Stopping the provision of the Account service causes all data stored on the Account to be deleted. The Shop is obligated to inform the Customer about the intention to stop providing the Account service and delete all data stored on it by sending a message at the email address assigned to the Account by the Client. If within 30 days from the reception of the above mentioned message, the Customer clearly requests (by writing at Barbaras, Sztombergi 100, 28-200 Staszów or by sending an email email@example.com) the continuation of the Account service, the Shop shall cease the Account and data deletion procedure. If no such requests are made within the aforementioned period, the agreement for the provision of the Account electronic service shall be terminated effective at the end of the aforementioned period. This means that the Customer's Account in the Shop and the data saved on it shall be deleted.
3.9. The Customer can, at any time and without stating a reason, terminate the Account service, which shall also mean deleting the information stored on it. They can terminate the Account service by selecting the "DELETE ACCOUNT" option available after logging in to the Account or by sending a request to the Shop by email at: firstname.lastname@example.org.
3.10. Placing Orders for Products visible in the Shop is one of the features of the Shop.
3.11. Filling in the Order form means selecting the ordered Products by adding them to the "BASKET", providing the necessary data, selecting shipment method, paying for the Products by following the instructions displayed in the Order form and confirming the Order by choosing the option "Order with an obligation to pay".
3.12. Apart from the number and type of ordered Products and information about shipping method and payment, it is also necessary to enter the following Customer's personal data into the Order form:
- first name and surname, address and shipping address (if different from the first address),
- email address.
In case of Customers who are not Consumers, it is necessary to provide the name (of the company) and NIP. Providing additional data, such as telephone number, is not necessary, but it will make processing the Order easier.
3.13. The Shop also provides the Newsletter service, which means sending information about products, promotions, offers, actions and events in the Shop via email. The Customer needs to provide an email address for receiving the Newsletter in order to subscribe for the service. Customers can subscribe to the Newsletter service by entering their email address in the "Newsletter" field on the homepage of the Shop and confirming by pressing enter.
In order for the Customer to receive the Newsletter, apart from the aforementioned conditions, it is also necessary:
1) for the Customer to agree to the processing of their data for marketing purposes, including profiling by receiving Newsletter with information about Products, offers, actions and events in the Shop,
2) for the Customer to agree to receiving commercial information in the form of the Newsletter at the provided email address,
3) for the Customer to agree to usingcomputer, telephone, other mobile devices and automated calling systems for sending the Newsletter with information about Products, offers, actions and events in the Shop.
4) to click on the link in the Shop message sent to the provided email address that confirms that the Customer wants to subscribe to the Newsletter.
As soon as the above mentioned conditions are met, the agreement to provide the Newsletter electronic service is concluded.
3.14. The Newsletter service is provided free of charge for an indeterminate period. The Customer can unsubscribe from the Newsletter at any time without stating a reason by:
1) clicking on "Unsubscribe" in their Customer Account;
2) entering their email address in the "Newsletter" tab again and choosing "Unsubscribe";
3) clicking on the link at the end of every Newsletter message;
4) sending a request by email at: email@example.com
If the Customer performs any of the actions described in subsections 1-4 above, they terminate the agreement to provide the Newsletter service.
3.15. In order to ensure the safety of the transmission of messages and data in relation to the services provided within the Website, the Online Shop takes technical and organisational precautions appropriate to each service, especially precautions that aim to prevent the acquisition or modification of personal data provided via the Internet by unauthorized persons.
4. CONCLUDING A SALE AGREEMENT
4.1 The items sold are Products displayed in the Shop and marked as in stock at the moment of placing an Order.
4.2. Prices of Products displayed in the Shop are given in PLN and include VAT. Shipping costs and costs of payment that depend on the payment method chosen by the Customer are not included in the price.
4.3. The Shop sells Products displayed in the Shop in Poland and other countries listed on the website of the Shop in the SHIPPING COSTS tab.
4.4. All Products presented in the Shop are new and free from defects.
4.5. The Shop reserves the right to change Product prices, add and remove Products, provide discounts for Products, and start and end promotions. Products added to the basket by the Customer can also be changed until the Customer clicks on "Move to confirmation".
4.6. Filling out the Order form finalized by clicking on "Order with an obligation to pay" means that the Customer has placed an Order and is willing to enter into agreement for the sale of a number of Products at the given price and under the conditions set out in the Order and the Terms and Conditions.
4.7. In the last step, before Customers can click on "Order with an obligation to pay" in the Order form, they are shown a summary of the order with the total price of the ordered Products, discounts results from using other Services, tax amount, shipping costs (depending on the shipment and payment methods chosen by the Customer) and any other possible costs.
4.8. If the Customer chooses the bank transfer option in the Order form, then, after they click on "Order with an obligation to pay", they will be shown information about their Order's number together with the data required to perform the bank transfer and a link (the "Pay" field) that allows for paying for the order via electronic payment services. The information is equivalent to a confirmation by the Shop that the offer to enter into sale agreement under the conditions set out in the Order and Terms and Conditions has been accepted.
4.9. If the Customer chooses the COD option, then the Seller accepts the order and confirms the sale agreement. The Customer shall be informed about the next steps via email.
4.10. The proof of sale is a receipt or, if the Customer wishes to receive it, a VAT invoice sent via electronic means, together with the Products or in a separate shipment. The Customer authorizes the Seller to prepare an invoice without the Customer's signature and to send it via electronic means at the email address given by the Customer unless the Customer informs the Shop that they want to receive it in paper.
5.1. The ordered Products shall be shipped to the address provided by the Customer during Order placement. Shipping time and costs can be found in the "Shipping" tab.
5.2. Information about shipping costs is visible in the Order form in the last step before the Customer can click on "Order with an obligation to pay" and in the email confirming the Order placed by the Customer. Shipping costs shall be paid by the Customer, subject to subsection 5.4 below.
5.3. Shipping costs are listed in the sale document as a separate item. If the Shop pays for the shipment in accordance with subsection 5.4 below, shipping costs shall not be included in the sale document.
5.4. Shipping prices and conditions related to the choice of shipping method, payment method and information about Order thresholds for free shipping can be found on the website of the Shop in the "SHIPPING COSTS" tab. If the value of the Order executed in Poland exceeds the amount listed in the "FREE SHIPPING FOR ORDERS ABOVE PLN 100", then the shipping costs are paid by the Seller, meaning the Customer does not pay for shipping.
5.5. Products are shipped by courier to the address given in the Order form. It is also possible to pick up the Products at the office of barbaras.pl Online Shop located at Sztombergi 100, 28-200 Staszów. Customers can choose shipping methods in the Order form. The shipping address provided by the Customer (including the address of a shop affiliated with the Shop) is the place of performance.
5.6 Deliveries to countries other than Poland are made only for Orders paid by direct bank transfer or through PayU or PayPal electronic payment systems.
5.7. The maximum delivery time is 1 to 14 working days from the date the Order is placed by the Customer.
5.8. Delivery time starts:
- if COD payment is chosen - at the moment the Customer clicks on the link confirming the placement of the Order,
- if transfer payment is chosen - at the moment the transfer is credited or from the moment PayU or PayPal authorize the payment.
5.9. Delivery time is given in working days, meaning that:
- if any of the moments described in subsection 5.10 passes on a non-working day, the delivery time starts on the first working day after that moment.
-delivery time stops on non-working days;
- if the maximum delivery time passes on a non-working day, the delivery shall be made on the first working day after the maximum delivery time.
5.10. When receiving the shipment with Products from the courier, the Customer is obligated to examine it (pursuant to Article 545 § 2 of the Civil Code) If the shipment is damaged, the Shop requires non-Consumer Customers to prepare a damage protocol in the presence of the courier and to inform the Shop immediately. Complaints about damage during shipping filed by non-Consumer Customers without an attached damage protocol shall not be investigated.
6. PAYMENT METHODS
6.1. Customers can pay using the following methods:
a.) Electronic and credit/debit card payment through PayU or PayPal - available payment methods can be found on the websites of the services.
b.) Payment by cash when picking up in person.
b.) Cash on delivery.
6.2. A payment option is chosen by the Customer from the ones listed above by selecting the appropriate field in the Order form. However, COD payment is available only in Poland.
6.3. The Customer, when making a direct bank transfer or a transfer through an electronic payment system, should pay for all the costs resulting from the Order listed in the Order summary within 3 working days from the day the sale agreement is concluded.
6.4. If no payment is made by the Customer within 3 working days from the day the sale agreement is concluded and they have chosen the option to pay by transfer (either a direct transfer or a transfer through an electronic payment system), the Shop reserves the right to withdraw from the agreement after giving the Customer 3 more working days to pay.
7. RIGHT TO WITHDRAW FROM THE AGREEMENT
7.1. Customers who are Consumers as described in the art. 22 § 1 of the Civil Code and pursuant to the Consumer Rights Act of 30 May 2014 have the right to withdraw from the agreement with Barbaras Online Shop within 14 days without stating a reason by submitting the appropriate statement and sending it within 14 days from the delivery of the shipment in person or by a designated person to:
Firma Odzieżowa Barbaras Marcin Skowron Sztombergi 100, 28-200 Staszów or by email to: firstname.lastname@example.org
The withdrawal form can be downloaded here:
The Shop shall inform the Customer as soon as the statement is received in paper via Polish Post or via email, depending on what is requested by the Customer.
7.2. When Customers withdraw from an agreement concluded remotely, the agreement shall be considered not concluded. Payments and items shall be returned in an unchanged state, unless a change was necessary within the framework of ordinary handling. The return shall be immediate, but no later than 14 days from submitting the statement. To maintain the period, it is enough for the Customer to send the items before its expiry. The Shop shall reimburse all the costs incurred by the Customer in relation to concluding the sale agreement no later than 14 days from the reception of the statement. The Shop may suspend the reimbursement until the items are returned or until the Customer sends a proof of return, depending on which comes first. The reimbursement shall be made in the form of a bank transfer to the account indicated by the Customer or in a different, free of charge form as agreed with the Customer.
The purchased items need to be sent to:
F.O. Barbaras, Sztombergi 100, 28-200 Staszów
7.3. The Consumer shall be liable for diminishing the value of the items when handled in ways that are not necessary to ensure the type, features and functionality of the item.
7.4. The Product returned by the Customer should be packed in such a way as to avoid damage during shipping.
7.5. The costs of packaging and shipping the Product back shall be paid by the Customer. The costs of shipping the product depend on the prices of Polish Post or the shipping company used by the Customer.
8. LIABILITY UNDER WARRANTY
8.1. The Shop is liable to the Customer under warranty in accordance with art. 556-576 of the Civil Code. The Shop is obligated to deliver the purchased item without any defects.
8.2. For the period of 2 years, the Shop is liable under warranty for physical defects that existed at the moment the items were handed over to the Customer or that were the result of a different cause that had been present in the items earlier.
8.3. The Shop is not liable under warranty if the Customer was aware of the defect at the moment the agreement was concluded.
8.4. If the delivered Products are defective or different from the ones in the agreement, the Customer can file a complaint.
8.6. Complaints resulting from a breach in Customers' rights that are guaranteed by law or those based on these Terms and Conditions should be filed at: email@example.com or: F.O. BARBARAS Sztombergi 100,28-200 Staszów. Customers can also file complaints in person at the company's office. Barbaras shall investigate each complaint within the period of 14 days or, if this is not possible, inform the Customer about the deadline for considering the complaint within the same period.
8.7. Following agreement with the Shop, Customers exercising their rights under warranty are obligated to deliver defective items to the company's office at the expense of the Shop if it is possible and justified. If due to the type of the items or the way they are mounted, it would be too difficult for the Customer to deliver the items, the Customer is obligated to give the Shop access to the items in the place where they can be found.
8.8. If the sold item has a defect, the Customer may declare that they demand a price decrease or withdrawal from the agreement unless the Seller immediately replaces the item with a defect-free one or repairs the defect.
8.9 If the sold item has a defect, the Customer may demand that the defected item be replaced with a defect-free one or repaired. The Shop is obligated to replace the defective item with a defect-free one or repair the defect for the Customer in a reasonable amount of time without excessively inconveniencing the buyer. The Shop may refuse to meet the Customer's demands if making the defective item meet the agreement using the method chosen by the Customer is impossible or if compared with the other method, the chosen method generates excessive costs. If the Customer is an entrepreneur, the Shop may refuse to replace the item with a defect-free item or repair the defect also when the costs of satisfying the claim are greater than the price of the item.
8.10. The Shop shall investigate each complaint without undue delay, no later than 14 days from the date the complaint has been received. Within this period, the Shop shall inform the Customer in writing or via email about accepting or dismissing the complaint. If no information is given within the period, the complaint shall be treated as accepted.
8.11. If the complaint is accepted, the Shop shall reimburse any expenses made to file the complaint. The Shop shall reimburse the Customer by bank or postal transfer.
8.12. If the acceptance of the complaint means that the item shall be repaired or replaced, the Shop will send the item back to the Customer at the expense of the Shop.
8.13. Detailed information about the possibilities Customers who are Consumers have when using out-of-court methods of filing complaints and seeking redress and also the rules of access these procedures can be found in the offices and on the websites of Regional and Municipal Consumer Ombudsmen, NGOs whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection and at the following addresses on the website of the Office for Competition and Consumer Protection:
8.14. Customers who are Consumers have the following possibilities of using out-of-court methods of filing complaints and seeking redress:
8.14.1. The Customer may obtain free assistance as regards arbitration between the Customer and the Shop from Regional and Municipal Consumer Ombudsmen or NGOs whose statutory tasks include consumer protection (e.g. Consumer Federation or Association of Polish Consumers). Customers can call Consumer Federation free of charge at 800 007 707 or contact the Association of Polish Consumers at firstname.lastname@example.org.
8.14.2. Customers have the right to request the Permanent Consumer Arbitration Court referred to in Article 37 of the Trade Inspection Act from 15 December 2000 (Dz. U. of 2001, No. 4, Item 24, as amended) to settle any disputes resulting from the sale agreement. The principles of organisation and operation of Permanent Consumer Arbitration Courts are defined in the directive of the Minister of Justice of 24 September 2001 on defining the principles of organisation and operation of Permanent Consumer Arbitration Courts. (Dz.U. of 2001, No. 113, Item 1214).
8.14.3. The Customer has the right to use out-of-court methods of complaint investigation and seeking redress in accordance with the procedure of Online Dispute Resolution developed by the European Commission and available at:
8.14.4. The Customer has the right to apply to the voivodeship inspector of the Trade Inspection, in accordance with Article 36 of the Trade Inspection Act from 15 December 2000 (Dz. U. of 2001, No. 4, Item 25, as amended), for an arbitration procedure in order to amicably settle disputes between the Customer and the Seller. Information about the rules and operation of the arbitration procedure conducted by the voivodeship inspector of the Trade Inspection can be found in the offices and on the websites of the appropriate Voivodeship Inspectorates of the Trade Inspection.
8.14.5. If the complaint is not accepted, apart from the out-of-court methods of settling disputes described in subsections 8.14.1 to 8.14.4, Customers have the right to commence proceedings before a common court.
9. COMPLAINTS ABOUT SERVICES PROVIDED ELECTRONICALLY
9.1 Firma Odzieżowa Barbaras acts to make the Shop operate properly in the light of current technical knowledge and undertakes to remove any problems reported by the Customers as soon as reasonably possible.
9.2 Problems with the operation of the Shop may be reported in writing at the address of the company or at email@example.com or through the contact form available in the "Contact" tab.
9.3 The complaint should include the full name of the Customer, their address or email, type of problem and the date on which it occurred.
9.4 F.O. Barbaras shall investigate each complaint within the period of 14 days or, if this is not possible, inform the Customer about the deadline for considering the complaint within the same period.
10. PRIVACY AND PERSONAL DATA PROTECTION
10.1. The administrator of personal data of Customers is Firma Odzieżowa Barbaras Marcin Skowron located at Sztombergi 100, 28-200 Staszów, entered in the registry of enterprises under NIP 8661170743 and REGON 830275421.
10.2. It is possible to contact the Administrator:
1) in writing at: Barbaras, Sztombergi 100, 28-200 Staszów
2) by email at: firstname.lastname@example.org
3) by calling +48 519 696 243
10.3. Personal data of Customers is processed by the Administrator in order to:
1) take action before the agreement is concluded at the request of the Customer - for the duration required to take the action;
2) conclude and execute the agreement - for the time required to execute and finalize the agreement;
3) fulfilling legal requirements that the Administrator is obligated to fulfil:
a) requirements relating to warranty - for the 2 years warranty period;
b) requirements relating to withdrawal or termination of agreement - until the prescription of all claims;
c) requirements relating to issuing and storing invoices and documents required by tax law and accounting law - until the invoice or other documents are issued, and then until the expiration of the period for which they should be stored according to tax law and accounting law.
d) storing data in order to meet accountability requirements and other requirements relating to personal data protection - for the duration of liability.
4) exercise legitimate interests of the Administrator in the following cases:
a) establishing claims and seeking redress until the prescription of claims arising from the agreement or from the Administrator's actions relating the agreement or from demands before the conclusion of the agreement (for a maximum of 10 years from the execution of the agreement or from the demands before the conclusion of the agreement or from the final court ruling);
b) preparing analyses and statistics for the internal needs of the Administrator, especially reporting and development planning of products and service, including increasing their quality, development work on information systems - for the duration of the work before concluding the agreement and until the execution of the agreement, and then no longer than until the prescription of claims arising from the agreement or from the Administrator's actions relating to the agreement or from demands before the conclusion of the agreement,
c) ensuring network and information safety - for the duration of data storage, meaning until the prescription of claims arising from the agreement or from the Administrator's actions relating the agreement or from demands before the conclusion of the agreement,
d) customer service support, including personalizing it based on orders, claims, complaints and applications made - for the duration of the agreement or until the end of the work started on demand before the conclusion of the agreement,
e) marketing purposes, including personalization, meaning for the purposes of sending information about promotions, products (including services), actions and special offers of the Administrator - for the duration of the agreement until its termination,
f) protection against fraud - until the end of related proceedings.
10.4. The Customer's personal data is provided on a voluntary basis. They are not obligated to provide any data and the provision of data is a contractual duty. Provision of data can happen only if the Customer agrees and at their discretion. However, providing personal data may be necessary to:
1) place and finalize Orders;
2) issue VAT invoices and settle taxes;
3) create an Account;
4) receive the Newsletter;
5) service, investigate and handle complaints or statements of withdrawal from the agreement, and fulfilment of the Administrator's duties relating to this;
6) service and deal with issues Customers report before the conclusion of the agreement or after its execution;
7) in the case of optional data - we may not be able to contact the Customer in the optional ways or reimburse the Customer through bank transfer.
10.5. Personal data of Customers can be transferred by the Administrator to:
1) employees and partners of the Administrator if the access is necessary to provide the services requested by the Administrator or perform actions for Customers on behalf of the Administrator;
2) entities that process personal data of Customers on behalf of the Administrator and participate in work done by the Administrator, i.e.:
a) subcontractors supporting the Administrator in handling orders and customer support, e.g. customer contact, customer service, or other entities that act as sales intermediaries;
b) advertising agencies or other entities that organize or run or act as intermediaries in organisation or running marketing actions of the Administrator;
c) entities that service information systems of the Administrator or provide the Administrator with information tools, e.g. information platforms or space on servers or websites;
d) entities that provide the Administrator with services such as advisory services, consulting, audits or legal, tax and accounting assistance;
e) entities that provide the Administrator with services relating directly to the safety of people, property and personal data.
3) other administrators who are:
a) entities that provide postal, mailing or courier services - in order to deliver correspondence and shipments;
b) entities that provide transportation or forwarding services - in order to deliver shipments;
c) entities that provide payment services (banks, payment institutions) - in order to provide reimbursement and ensure the correct operation of payment order services;
d) entities that provide lending services (banks) - in order to provide lending services for product purchase, including reimbursement services and execution;
e) insurance companies - in order to insure shipments;
f) entities that purchase claims - in case of nonpayment for orders or services performed within time limits, or other claims by the Administrator.
10.6. Customers have the right:
1) to access their personal data, including being informed about their personal data and acquiring a copy of their personal data;
2) to amend personal data if it is incorrect and complete it if it is incomplete;
3) to remove personal data;
4) to restrict the processing of personal data;
5) to move personal data;
6) to complain to the personal data protection institution, i.e. the President of the Office for the Protection of Personal Data, in case of unlawful personal data processing.
10.7. The Customer can revoke their consent to personal data processing without any consequences and without stating a reason. Revoking the consent has no bearing on the legality of data processing that was performed based on the consent before its revoking.
10.8. The Customer can object to the processing of their personal data:
1) for marketing purposes,
2) for purposes arising from the legitimate interest of the Administrator, other than marketing purposes, for reasons relating to the specific situation of the Customer.
10.9. The Administrator is obligated to inform Customers about actions taken in relation to demands described above without delay, after a maximum of one month from the reception of the demand. If needed, the aforementioned deadline may be extended by two more months due to the complex nature of the demand or the number of demands. The Administrator is obligated to inform the Customer within one month from the reception of the demand that the deadline needs to be extended and to state reasons for the extension.
10.11. If the Administrator takes no action related to the demands of the Customer, as described above, then immediately, but no later than a month from the reception of the demand, the Administrator informs the Customer about the reason for the lack of action and the possibility to complain to the President of the Office for the Protection of Personal Data or to seek legal redress from court.
10.12. If the Administrator has justified doubts about the identity of the Customer in relation to a demand, we can ask the Customer to provide additional information needed to confirm their identity.
10.13. The Administrator provides information listed in section 14-16 above in writing, by means chosen by the Administrator, i.e.:
1) by registered letter at the address provided by the Customer or
2) by email at the address provided by the Customer,
except for situations where:
a) the Customer sends their demand by electronic means and does not request that the Administrator provide the information in any other form - in this case the Administrator shall send the information at the email address provided by the Customer;
b) the Customer demands the information from the Administrator verbally and their identity has been confirmed by other means - in this case the Administrator provides the information verbally.
Any communication or actions taken by the Administrator in relation to the aforementioned demands of the Customer are free of charge. However, if the demands are clearly groundless or excessive, e.g. due to being repeated often, the Administrator may:
1) charge a reasonable amount that includes administrative costs of providing the information, communication or taking action, or
2) refuse to take action to satisfy the demand.
10.15. The Administrator shall inform every recipient of the Customer's data about amending, completing, removing or restricting the processing of the Customer's personal data demanded by the Customer. The Administrator is not obligated to pass such information only if it is impossible (e.g. when the company in question no longer exists) or if it requires excessive effort (the data was sent many years ago and the recipient does not respond despite numerous attempts).
10.16. If demanded by the Customer, the Administrator shall provide information about the recipients of the information about amending, completing, removing or restricting the processing of the Customer's personal data, and also about recipients who could not be informed.
11. FINAL PROVISIONS
11.1. Any disputes arising between F.O. Barbaras and the Customer, who is a Customer within the meaning of article 221 of the Civil Code, shall be referred for determination to the competent court of law in accordance with the appropriate provisions of the Civil Code.
11.2 Any disputes arising between F.O. Barbaras and the Customer, who is not a Customer within the meaning of article 221 of the Civil Code, shall be referred for determination to the competent court of law as determined by the location of the office of Barbaras.
11.3 In matters not covered by these Terms and Conditions, the provisions of the Civil Code, of the Act on Electronic Services and other applicable provisions of the Polish law apply.
11.4. The provisions from subsection 11.3 do not prejudice Consumers located outside of Poland if the applicable local law is more beneficial for them.
11.5. The Shop reserves the right to change these Terms and Conditions for reasons such as changes in existing regulations, changes in shipment and payment methods, changes to the organisational structure of the shop.
11.6. If the Customer is provided with the Account or Newsletter services, then the changed Terms and Conditions bind the Customer in accordance with articles 384 and 384 §1 of the Civil Code, i.e. if the Customer was informed about the changes and did not terminate the agreement within 14 days from receiving the information.
11.7. If a change to these Terms and Conditions would introduce charges for the services provided to the Customer, they have the right to terminate the agreement.
11.8. Changes to these Terms and Conditions do not prejudice the rights of the Customer arising from orders placed or sale agreement concluded before the changed went live.
11.9. These Terms and Conditions take effect on 25 September 2018.