This website and the related shop are owned and operated by the company Joanna Cuciti Heartfelt. Throughout the site, the terms “the company”, “we”, “us” and “our” refer to Joanna Cuciti Heartfelt. The company is registered at the address ul. Góralska 43e/8, Gdańsk 80-292, Poland. Polish tax registration number is 5842598124. The owner and administrator of the company is Joanna Cuciti.
The terms and conditions are found below and they include, among other information, the description of the process from placing an order to the conclusion of the contract agreement, the details regarding the available forms of payments and shipment in the shop, the procedures for rescinding the contract as well as placing a complaint.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
If you have questions, questions, doubts, we are available at firstname.lastname@example.org
Enjoy your shopping!
§ 1 Definitions
For the purposes of these terms and conditions, the following definitions are used:
- Buyer – a natural person, legal person or an organisational units not having legal character but being able to acquire rights and assume obligations on their own behalf,
- Consumer – a natural person concluding a sales contract with the Seller not related directly to his business or professional activity,
- Regulations – these regulations, available at https://www.heartfelt.pl/terms-and-conditions,
- Store – the online store operating at https://www.heartfelt.pl/shop,
- Seller – Joanna Cuciti HeartFelt, ul. Góralska 43e/8, 80-292 , Gdańsk, Poland, VAT ID: PL 584 259 81 24
§ 2 Preliminary Provisions
- Through the Store, the Seller conducts retail sales, while simultaneously providing electronic services to Buyers. Through the Store, the Buyer may purchase products displayed on the Store’s pages.
- The Regulations specify the terms and conditions of using the Store, as well as the rights and obligations of the Seller and Buyers.
- To use the Store, including in particular to make a purchase in the Store, it is not necessary to meet specific technical conditions by the computer or other equipment of the Buyer. Sufficient are:
- internet access,
- standard operating system,
- standard web browser,
- an active email address
- The Buyer may not make a purchase in the Store anonymously or under a pseudonym.
- It is prohibited to use illegal content while using the Store, in particular by sending such content via forms available in the Store.
- All product prices listed on the Store’s website are gross prices.
§ 3 Services Provided Electronically
- Through the Store, the Seller provides electronic services to the Buyer.
- 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 having an account in the Store.
- If the Buyer decides to set up an account in the Store, the Seller also provides the Buyer with an electronic service consisting of setting up and maintaining an account in the Store. The account stores the Buyer’s data and the history of orders placed by him in the Store. The Buyer logs in to the Account using his email address and the password he has defined.
- Creating an account in the Store is done by selecting the appropriate checkbox in the ordering process or by completing an independent account registration form available in the Store. The buyer may at any time delete the account by sending a request to the seller. Deleting an account will not delete information about orders placed using the account, which information will be kept by the Seller for the entire duration of the Store’s operation, unless the Buyer opposes storing this information beforehand and the Seller has no overriding interest in storing it.
- Services are provided electronically to the Buyer free of charge. Sales contracts, contracts for the supply of digital content (as well as contracts for participation in stationary training and contracts for consultations) concluded through the Store are payable.
- In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Store, the Seller shall take technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
- The Seller undertakes actions to ensure the fully proper functioning of the Store. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Store.
- Any complaints related to the functioning of the Store, the Buyer may submit via e-mail email@example.com. In the complaint, the Buyer should specify the type and date of irregularities related to the functioning of the Store. The Seller will consider all complaints within 30 days of receiving the complaint and will inform the Customer about its settlement to the e-mail address of the person submitting the complaint.
§ 4 Placing Orders
- The buyer may place an order as a registered customer or as a guest.
- The registered customer is the Buyer who has an account in the Store. The buyer can set up an account by selecting the appropriate checkbox in the ordering process or by completing the independent account registration form available in the Store.
- If the Buyer has an account in the Store, he should log in to it before placing the order. Logging in is also possible when placing an order by clicking on the link available under the displayed message.
- Placing an order is done by completing the order form after adding the products of interest to the Buyer’s basket. It is necessary to provide the required data in the form to complete the order. During placing the order, the Buyer takes choice of the method of delivery of the ordered products and the method of payment for the order. The condition of placing an order is acceptance of the Regulations, which the Buyer should first read. In case of any doubts regarding the Regulations, the Buyer may contact the Seller.
- The ordering process is completed by clicking the button finalizing the order. Clicking the button finalizing the order is a declaration of will of the Buyer leading to the conclusion of the sales contract with the Seller,
- If the Buyer chooses online payment when placing the order, after clicking the button finalizing the order will be redirected to the payment gateway operated by an external payment operator to make the payment for the order. If the Buyer has chosen to pay by bank transfer, after clicking the button finalizing the order, the Buyer will be redirected to the Store’s website with the order confirmation and payment instructions. Payment for the order should be made within 3 days of the conclusion of the contract.
- The Buyer must provide true personal data in the order form. The Buyer takes liability 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 if the data raises reasonable doubts of the Seller as to their correctness. In this case, the Buyer will be informed by phone or e-mail about the Seller’s doubts. In this situation, the Buyer has the right to clarify all circumstances related to verifying the accuracy of the data provided. In the absence of data enabling the Seller to contact the Buyer, the Seller will provide all explanations after the Buyer initiated the contact.
- The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their accuracy and correctness, although he has such permission in accordance with paragraph 7 above.
§ 5 Payment and Shipping
- Available delivery methods are described on the Store’s website and are presented to the Buyer at the stage of placing the order. The cost of delivery of the order shall be borne by the Buyer, unless the Seller indicates otherwise on the Store’s website. The Seller has the right to decide to divide the order into several separate shipments without additional costs for the Buyer.
- Available payment methods for the order are described on the Store’s website and are presented to the Buyer at the stage of placing the order.
- Electronic payments, including card payments, are supported by PayPal.
- If the Buyer has asked for an invoice, it will be delivered to the Buyer electronically to the e-mail address provided in the order form.
§ 6 Order Fulfillment
- The fulfillment of orders involving physical products consists in completing the ordered products, packing them for delivery to the Buyer and sending the Buyer’s package in accordance with the form of order delivery chosen by the Buyer.
- The order is deemed completed when the shipment is sent to the Buyer (i.e. the parcel is entrusted to the carrier engaged in transport).
- The fulfillment time is always indicated for each product. The products which have been ordered, will be sent to the Consumer within 30 days, unless a longer time has been indicated by the Seller in the product description. In case of a longer time has been specified for a given product, the Buyer ordering such products agrees to the specific fulfillment conditions indicated in the description of the product.
- When multiple products with different fulfillment times have been placed in the same order by the Buyer, the time to fulfill the complete order is the longest time specified by the ordered products. The Seller may propose to split the order in independent packages, with the goal of speeding up the delivery of some of the products.
§ 7 Withdrawal
- A consumer who has agreed into a distance contract with the Seller has the right to withdraw from the contract without giving a reason within 14 days of taking possession of the purchased items.
- Starting from 01/06/2020, the right to withdraw from the contract on the terms described in this paragraph and resulting from the Act on Consumer Rights also applies to a natural person concluding a contract with the Seller directly related to his business, when the content of this contract shows, that he or she does not have a professional character for this person, resulting in particular from the subject of the economic activity carried out by him, made available on the basis of the provisions of the Central Register and Information on Economic Activity. Therefore, when this paragraph refers to the consumer’s rights, from 01/06/2020 these rights also apply to a person who meets the above criteria.
- The right to withdraw from the contract shall not apply to the contract:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy his individual needs.
- To withdraw from the contract, the Consumer must inform the Seller about his decision to withdraw from the contract by an unequivocal statement – for example, a letter sent by post or e-mail.
- The consumer may use the model withdrawal form available at https://www.heartfelt.pl/wp-content/uploads/2020/08/TEMPLATE-FORM-OF-WITHDRAWAL.pdf, but this is not obligatory.
- To keep the deadline for withdrawing from the contract, it is sufficient for the Consumer to send information regarding the exercise of the Consumer right to withdraw from the contract before the deadline for withdrawing from the contract.
- The consumer is obliged to return the product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but not later than 14 days from the day on which he withdrew from the contract, unless the Seller offered to collect the item himself. To meet the deadline, it is sufficient to return the product before its expiry
- The consumer bears the direct cost of returning the item.
- In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from the Consumer, including the cheapest cost of delivery of products available in the Store (if the cost was covered by the Consumer) immediately, and in any case not later than 14 days from the day on which the Seller was informed on exercising the right of withdrawal. The reimbursement will be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution. In any case, the Consumer will not incur any fees in connection with the form of the refund.
- If the Seller has not offered to collect the item himself from the Consumer, he may withhold the reimbursement of payments received from the Consumer until he receives the item back or the Consumer provides proof of sending it back, depending on which event occurs first.
- The consumer is liable for a decrease in the value of the product as a result of using the product in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
§ 8 Responsibility for defects
- The Seller is obliged to provide the Buyer with a product free from defects.
- The Seller is liable to the Buyer if the product sold has a physical or legal defect (warranty for defects).
- If the product sold has a defect, the Buyer may do one of the followings:
- demand replacement of the product with one free from defects,
- demand removal of the defect,
- submit a price reduction statement,
- submit a statement of withdrawal from the contract.
- If the Buyer finds a defect in a product, he should inform the Seller about it, at the same time specifying his claim related to the defect or making a statement of relevant content
- The buyer may use the complaint form available at https://www.heartfelt.pl/wp-content/uploads/2020/08/COMPLAINT-FORM.pdf. However, this is not obligatory.
- The Buyer may contact the Seller by both traditional mail and electronic mail.
- The Seller shall respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint by means of such means of communication by which the complaint was submitted.
- Details of the Seller’s warranty for defects are governed by the provisions of the Polish Civil Code (Articles 556 – 576).
- Starting from 01/06/2020, the provisions regarding the Seller’s warranty for defects of things sold regarding Consumers shall also apply to a natural person concluding a contract with the Seller directly related to his business, when the content of this contract indicates that he does not have for that person of a professional nature, resulting in particular from the subject of the economic activity carried out by him, made available on the basis of the provisions of the Polish Central Register and Information on Economic Activity.
§ 9 Personal Data and Cookies
- The administrator of the Buyer’s personal data is the Seller.
- The Buyer’s personal data is processed for the following purposes and based on the following legal grounds:
- conclusion and performance of the contract – art. 6 clause 1 lit. b GDPR
- fulfilling tax and accounting obligations – art. 6 clause 1 lit. c GDPR,
- defense, investigation or determination of claims related to the contract, which is the legitimate interest pursued by the Seller – art. 6 clause 1 lit. f GDPR,
- handling of queries directed by Buyers not yet concluding a contract, which is the legitimate interest pursued by the Seller – art. 6 clause 1 lit. f GDPR,
- handling of queries directed by Buyers not yet concluding a contract, which is the legitimate interest pursued by the Seller – art. 6 clause 1 lit. f GDPR,
- The recipients of the Buyer’s personal data are: courier companies, tax offices, accounting office, law firm, hosting provider and mailing system provider.
- The Buyer’s personal data is stored in the Seller’s database throughout the course of business in order to be able to identify the returning customer, which, however, the Buyer may object to, demanding that his data be removed from the Seller’s database. If such an objection is submitted before the expiry of the limitation period for claims under the concluded contract, the Seller will have an overriding interest in storing the Buyer’s data until the expiry of the limitation period. Accounting documentation containing the Buyer’s personal data is stored for the period required by law.
- The right of Buyer related to the handling of personal data: the right to request from the Seller to access personal data, rectify, delete, limit, the right to object to obligations, the right to transfer data, the right to proceed in the matter of the President of the Office for Personal Data Protection.
- Providing personal data by the Buyer is voluntary, but necessary to contact the Seller, set up a user account, conclude a contract or use the newsletter.
§ 10 Intellectual Property Rights
- The Seller hereby instructs the Buyer that the content available on the Store’s website and elements of physical products (e.g. graphic designs) may be constitute work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, to which the Seller has copyright.
- 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 content as part of permitted personal use, constitutes a violation of the Seller’s copyright and may result in civil or criminal liability.
§ 11 Out-of-court complaint consideration and redress methods
- The Seller agrees to submit any disputes arising in connection with the sale of goods through mediation. Details will be determined by the parties to the conflict.
- The consumer has the option of using extrajudicial means of dealing with complaints and redress. Among other things, the consumer has the option of:
- referring to a permanent amicable consumer court with a request to settle the dispute arising from the concluded sales contract,
- asking the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Buyer and the Seller,
- use the assistance of a poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection.
§ 12 Final Provisions
- The Seller reserves the right to dismiss and offers, promotions and to change prices of products in the store without prejudice to the rights acquired by the Buyer, in particular the conditions of contracts concluded before the change.
- The Seller reserves the right to make changes to the Regulations without prejudice to the rights acquired by the Buyer under contracts concluded before the amendment to the Regulations. Buyers who have a registered user account will be notified of any changes to the Regulations by sending a message to the e-mail address assigned to the user account. If the new Regulations are not accepted, the Buyer may delete his user account free of charge.
- All disputes related to contracts concluded through the Store will be considered by a Polish common court competent for the place of permanent business activity of the Seller. This provision does not apply to Consumers for which the court’s jurisdiction is examined on general principles. As of 01.06.2020, this provision also does not apply to a natural person concluding a contract with the Seller directly related to his business, when the content of this contract indicates that he does not have a professional character for that person, resulting in particular from the subject of by her business activity, made available under the provisions of the Polish Central Register and Information on Economic Activity – in the case of such a person, the court’s jurisdiction is considered on general principles.
- These Regulations shall apply from 1.06.2020