Terms and Conditions

ONLINE STORE TERMS AND CONDITIONS

Welcome!
Below you will find the terms and conditions, which include information on how to place an order (making an agreement), details regarding the implementation of the agreement, the rules for providing digital content, and the scope of the license.
If you have any comments, questions, or doubts, please contact me at biuro@patternsbypaulina.pl.
Warm regards and happy shopping!
Paulina Matykiewicz-Bury

The Terms and Conditions define the rights and obligations of the Seller and the Customer related to the use of the online store available at patternsbypaulina.pl, including agreements for the provision of electronic services and the rules for concluding agreements for the delivery of digital content through the store, including the rules and procedures for exercising the right of withdrawal by the Customer who is a consumer.
The Terms and Conditions also constitute, with respect to services provided electronically, the regulations for the provision of electronic services, referred to in Article 8, Section 1, Point 1 of the Act of 18 July 2002 on the provision of electronic services.

§ 1 Seller Identification Details

The Online Store available at patternsbypaulina.pl is operated by Paulina Matykiewicz-Bury, conducting a non-registered business activity in accordance with Article 5 of the Entrepreneurs’ Law Act of March 6, 2018. The business is located at ul. Turkusowa 9/24, 43-100 Tychy.
You can contact the Seller by email at: biuro@patternsbypaulina.pl.

§ 2 Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:

1. Business Day – any day from Monday to Friday, excluding public holidays.
2. Contact Form – an Electronic Service; a form available in the Online Store enabling the Customer to send an enquiry to the Seller.
3. Order Form – an Electronic Service; an interactive form available in the Online Store enabling the Customer to place an Order.
4. Customer – a natural person with full legal capacity, a legal person, or an organizational unit without legal personality but with legal capacity, whose place of residence or registered office is in the territory of the Republic of Poland.
5. Consumer – a Customer who is a natural person with full legal capacity who has concluded or intends to conclude a contract for the supply of Digital Content with the Seller, or has concluded or intends to conclude a contract for the provision of Electronic Services with the Seller, not directly connected with their business or professional activity.
6. Sole Trader acting as a Consumer (“Entrepreneur with consumer rights”) – a Customer who is a natural person concluding or intending to conclude a contract for the supply of Digital Content with the Seller, or a contract for the provision of Electronic Services, directly related to their business activity, where it follows from the content of the contract that it does not have a professional nature for that person, in particular arising from the subject of business activity disclosed in CEIDG (the Central Registration and Information on Business).
7. Civil Code – the Polish Civil Code Act of 23 April 1964.
8. Product – Digital Content available in the Online Store in the form of an electronic file in .tiff, .jpg, or .psd format, which is the subject of a Sales Contract between the Customer and the Seller.
9. Terms and Conditions – these Terms and Conditions of the Online Store.
10. Online Store – the Seller’s online store available at the domain patternsbypaulina.pl.
11. Seller – Paulina Matykiewicz-Bury, conducting a non-registered business activity at ul. Turkusowa 9/24, 43-100 Tychy, Poland.
12. Newsletter – an Electronic Service involving the sending of e-mail messages (HTML format) containing, among others, commercial information and other information related to the Seller’s activity.
13. Contract for the Supply of Digital Content or Contract for the Supply of a Product – a contract, concluded or to be concluded between the Customer and the Seller via the Online Store, under which the Seller is obliged to supply the Product (Digital Content) to the Customer, and the Customer is obliged to pay the price.
14. Electronic Service – a service provided electronically by the Seller to the Customer via the Online Store.
15. Consumer Rights Act – the Polish Act of 30 May 2014 on Consumer Rights (Journal of Laws 2020, item 287).
16. Pattern – a seamless pattern report constituting Digital Content in .tiff, .jpg, or .psd format, designed by Paulina Matykiewicz-Bury and owned by her, protected under the Polish Act of 4 February 1994 on Copyright and Related Rights.
17. Order – the Customer’s declaration of intent to conclude a Contract for the Supply of Digital Content under a non-exclusive licence, submitted via the Order Form and directly leading to the conclusion of the Contract with the Seller.

§ 3 General Provisions

Acceptance of the Terms and Conditions is voluntary, but necessary to conclude a Contract for the Supply of Digital Content, as well as to conclude a contract for the provision of the Newsletter service.

§ 4 Procedure for Concluding a Contract for the Supply of Digital Content

To initiate the procedure for concluding a Contract for the Supply of Digital Content, the Customer must place an Order via the Order Form in the Online Store and proceed to payment by clicking the “Buy and pay” button.
The Contract for the Supply of Digital Content (Product) between the Customer and the Seller is concluded at the moment the Customer successfully completes payment.
The Contract is a one-off contract, which means that each new Order placed via the Order Form results in a new Contract for the Supply of Digital Content.
The Seller will send the Product to the Customer within 5 Business Days from the date of conclusion of the Contract for the Supply of Digital Content (Product).

§ 5 Licence Scope

1. Upon conclusion of the Contract and upon payment of the Remuneration, the Licensor (Seller) grants the Licensee (Customer) a non-exclusive licence to use the Product(s)/Pattern(s) specified in the Order, within the fields of exploitation indicated below.
2. The Licensee (Customer) is entitled to use the Pattern(s) for a period of three (3) years from the date of conclusion of the Contract.
3. The licence is granted in the following fields of exploitation:
a. Fixation on products – manufacturing, by any technique, of tangible and digital goods, including printing, reprography, and digital techniques;
b. Trading in the original or copies on which the Pattern has been fixed – placing on the market, lending, or leasing the original or copies;
c. Dissemination in ways other than specified above – public display and exhibition.
4. The Licensee (Customer) is not entitled to grant sub-licences to the Pattern within the scope of the licence granted.
5. The Licensee (Customer) is not entitled to make changes to the Pattern or to use the Pattern in a modified form within the scope of the licence.
6. The non-exclusive licence, its performance, and all legal relations arising therefrom are governed by Polish law.

§ 6 Remuneration and Accepted Payment Methods

1. In consideration for the licence to the Pattern(s) within the scope indicated in these Terms and Conditions, the Licensee (Customer) shall pay the Licensor (Seller) a one-time remuneration in the amount specified in the Online Store in the Order Form.
2. For Contracts for the Supply of Digital Content (Pattern(s)) under a non-exclusive licence in the Online Store, electronic payment (bank transfer) is acceptable.
3. The Customer consents to receiving invoices, corrective invoices, and duplicates electronically at the e-mail address provided when placing the Order.

§ 7 Complaints Procedure. Quality Liability

1. The Seller is legally obliged to deliver to the Consumer a Product free from defects.
2. The basis and scope of the Seller’s liability towards the Consumer, if the delivered Product has a physical or legal defect (statutory warranty), are defined by generally applicable laws, in particular the Civil Code.
3. Liability under statutory warranty towards a Customer who is not a Consumer or an Entrepreneur with consumer rights is excluded.
4. If the Product received by a Customer who is a Consumer is defective, the Customer may exercise the rights arising from the Seller’s statutory warranty.
5. The Consumer may submit a complaint electronically by e-mail to: biuro@patternsbypaulina.pl.
6. The Seller will respond to the Consumer’s complaint no later than 14 calendar days from the date of its submission. If the Consumer requests that the defect be removed or submits a statement requesting a refund, and the Seller does not respond within 14 calendar days, the request is deemed justified.

§ 8 Personal Data

Providing personal data by the Customer in the Online Store is voluntary, but necessary to conclude a Contract for the Supply of Digital Content or contracts for the provision of Electronic Services.
The Customer is not authorized to provide third parties’ personal data as their own.
All matters relating to personal data protection and the use of cookies are set out in the Privacy Policy.

§ 9 Provision of Electronic Services

1. Through the Online Store, the Seller also provides the following Electronic Services:
a. enabling Customers to place Orders for Products via the Order Form;
b. enabling Customers to send enquiries via the Contact Form;
c. enabling Customers to subscribe to the Newsletter.
2. The Seller undertakes to provide Electronic Services in accordance with these Terms and Conditions.
3. Below are the types and scope of Electronic Services and the conditions for concluding and terminating contracts for their provision.
4. To purchase Products, the Customer uses the Order Form. The Order Form is a free Electronic Service. It is voluntary, one-off, and the contract for its provision is concluded when the Customer begins completing the Order Form and ends when the Order is placed or when the Customer abandons placing the Order.
5. To contact the Seller, the Customer may use the Contact Form. The Contact Form is a free Electronic Service. It is voluntary, one-off, and the contract for its provision is concluded when the Customer begins completing the Contact Form and ends when the Contact Form is sent to the Seller or when the Customer abandons completing it.
6. The Newsletter Electronic Service consists of periodic messages sent by the Seller to the e-mail address provided by the Customer, including commercial information and marketing content.
Use of the Newsletter is voluntary. The contract for the Newsletter service is concluded at the moment the Customer clicks “Sign up”, after providing an e-mail address and accepting the Terms and Conditions. The Newsletter is provided free of charge for an indefinite period. The Customer may unsubscribe at any time by using the unsubscribe link in any Newsletter message or by informing the Seller (e.g., via the Contact Form).

§ 10 Prohibited Unlawful Content

The Customer is obliged to use the Online Store, including the Electronic Services, in compliance with applicable law, these Terms and Conditions, accepted customs, principles of social co-existence, and good practice. The Customer should respect personal rights and the copyright and intellectual property rights of the Seller and third parties.
The Customer must provide data that are true and accurate. The Customer is prohibited from supplying unlawful content.

§ 11 Reviews

Publishing Reviews within the Online Store is not available.

§ 12 Complaints Concerning the Provision of Electronic Services

1. Complaints related to the provision of Electronic Services by the Seller and other complaints related to the functioning of the Online Store may be submitted by e-mail to: biuro@patternsbypaulina.pl.
2. To expedite handling, we recommend that the complaint include:
a. information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity;
b. the Customer’s request;
c. the Customer’s contact details.
3. The Seller will consider the complaint and inform the Customer of the outcome without undue delay, no later than 30 calendar days from the date of submission. If the data provided in the complaint require supplementation, the Seller will, prior to handling the complaint, ask the Customer to supplement them; however, the Seller must respond to the Consumer no later than 30 days from receipt of the complaint. The response will be sent by e-mail to the address provided by the Customer in the complaint.

§ 13 Manner and Time Limit for Exercising the Right of Withdrawal

1. A Consumer may withdraw from a contract concluded with the Seller within 14 calendar days, without giving any reason and without incurring costs other than those provided for by law and indicated in these Terms and Conditions. Sending a notice of withdrawal to the Seller before the deadline is sufficient to meet the time limit.
This right does not apply in the cases described below, in particular to contracts for the supply of digital content not supplied on a tangible medium, if performance has begun with the Consumer’s explicit consent before the expiry of the withdrawal period and after the Seller has informed the Consumer about the loss of the right of withdrawal.
2. The notice of withdrawal may be submitted by e-mail to: biuro@patternsbypaulina.pl.
3. The notice may (but does not have to) be submitted using the model withdrawal form set out in Annex 1 to these Terms and Conditions.
4. The withdrawal period begins on the day the contract is concluded.
5. In the event of withdrawal, the contract is deemed not concluded.
6. The right of withdrawal in distance contracts does not apply to the Consumer with respect to contracts:
a. for the provision of services, if the Seller has fully performed the service with the Consumer’s explicit consent, given prior to performance, and after being informed that they would lose the right of withdrawal once the service was fully performed;
b. where the subject of performance is a non-prefabricated product, manufactured according to the Consumer’s specifications or serving to satisfy their individualized needs;
c. for the supply of digital content not supplied on a tangible medium, if performance has begun with the Consumer’s explicit consent before the expiry of the withdrawal period, after being informed by the Seller about the loss of the right of withdrawal, which the Consumer acknowledged, and the Seller provided the confirmation referred to in Article 15(1–2) or Article 21(1) of the Consumer Rights Act.

§ 14 Final Provisions. Amendments to the Terms and Conditions

1. Contracts for the Supply of Digital Content and contracts for the provision of Electronic Services are concluded in Polish or English.
2. Any disputes arising from or related to contracts for the supply of Digital Content or contracts for the provision of Electronic Services with a Customer who is not a Consumer shall be resolved by the court having jurisdiction over the Seller’s registered address.
3. The Seller may amend these Terms and Conditions if at least one of the following important reasons occurs:
a. the need to amend due to changes in law affecting their content;
b. the need to adapt to orders, rulings, decisions, or guidelines issued by a competent authority;
c. changes in the manner of providing electronic services due to technical reasons;
d. changes to the scope or rules for providing electronic services by introducing new, modifying, or withdrawing existing functionalities or services offered to the Customer;
e. the need to remove ambiguities, errors, or typos found in the Terms and Conditions;
f. changes to the Seller’s identification data, including contact details;
g. changes to payment and delivery methods, insofar as they affect the implementation of these Terms and Conditions;
h. prevention of abuse;
i. changes to the conditions for using the Online Store aimed at improving Customer service.
4. The Seller will inform Customers of an amendment to the Terms and Conditions at least 14 days in advance by making the consolidated text available on the Online Store’s website.
5. For continuous contracts (e.g., Newsletter), the amended Terms and Conditions are binding on the Customer if the Customer has been duly notified and does not terminate the contract within 14 calendar days from the date of notification. Amendments do not affect the content and conditions of Contracts for the Supply of Digital Content concluded prior to the amendment.
6. The Terms and Conditions are available to Customers at any time free of charge on the website at patternsbypaulina.pl in a manner enabling their downloading, reproduction, and recording.

Annex 1 to the Terms and Conditions
(complete and send this form only if you wish to withdraw from the contract)

• Addressee: [here, the Customer should enter the Seller’s name, full postal address, and e-mail address]
•I hereby give notice of withdrawal from the contract (complete as applicable):
a) for the delivery of the following goods: …………………………………………………………………………………
b) for a contract for work consisting in making the following items: ……………………………………………
c) for the provision of the following service: ……………………………………………………………………………
• Date of contract:
• Customer’s name and surname:
• Customer’s address:
• Customer’s signature: (only if this form is submitted on paper)
• Date: