Rules of the online shop

§1. Preliminary provisions

1. The Terms and Conditions define the rules for conclusion of Contracts by the Seller with the Customer, their terms and conditions and the rights and obligations of the parties to the Contract with regard to the delivery of Products and the rules for electronic provision of services by the Seller.

2. Each Customer is obliged to read and accept the terms and conditions specified in the Terms and Conditions before concluding a Contract with the Seller

§2 Definitions

The definitions used in the Terms and Conditions should be understood as follows:

1. Seller – Jakub Jakubowicz, ul. Śliska 7/66, 30-504 Kraków, NIP: 5170179472

2. Customer – a natural person with full legal capacity, a legal person or an organisational unit without legal personality but with legal capacity, who uses the services and functionalities of the Website, and in particular makes purchases through the Shop.

3. Consumer – a natural person making a purchase on the Website in the scope not directly connected with his/her economic or professional activity.

4. Entrepreneur benefiting from consumer protection – a natural person making a purchase directly related to his/her business activity, when it follows from the content of this agreement that it does not have a professional character for him/her, arising in particular from the subject of his/her business activity (as defined in CEIDG).

5. Website – the website available at: https://meadowstale.com/

6. Shop – an online shop operated by the Seller at the following Internet address: https://meadowstale.com/en/shop

7. Product – a physical product available in the Shop’s range which is the subject of an Agreement between the Customer and the Seller.

8. Service – the service which is the subject of the Agreement between the Client and the Seller.

9. Basket – an element of the Shop’s software where the Products selected by the Customer for purchase are visible, as well as the possibility of determining and modifying the Order details.

10. Order form – an interactive form available in the Shop which allows the Customer to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of a Distance Contract, including the method of delivery and payment.

11. Registration form – a form available in the Shop enabling the creation of an Account

12. Account – an account in the Store which the Customer may or may not set up and which stores the data provided by the Customer and information on the Orders placed by him or her in the Store.

13. Order – Customer’s declaration of will placed via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.

14. Payment Operator – PayU S.A. payment system with its registered office in Poznań, ul. Grunwaldzka 186, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Economic Division of the National Court Register, under number 0000274399, NIP number 779-23-08-495

15. Agreement – an agreement concluded at a distance with a Customer within an organised distance contracting system (Shop on the Website), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.

16. Rules and Regulations – these rules and regulations of the Shop.

§3. Contact with the Store

1. The Customer may contact the Seller in particular:

a. by e-mail, to the address: hello@meadowstale

b. in writing to the address: ul. Śliska 7/66, 30-504 Kraków

c. as well as by phone at: 507095374 between 9 a.m. and 4 p.m. on working days.

2. Seller’s bank account number PKO BP, number: 52 1020 4900 0000 8402 3246 7685

§4 Technical issues

1. In order to use the Website, including browsing the Seller’s assortment and placing orders, the following are necessary:
   1. a terminal device with access to the Internet and a standard web browser,
   2. an active electronic mail address (e-mail),
2. The Seller undertakes technical and organisational measures to ensure safe access to the Website and the Shop for the Customer, in particular measures to prevent access and modification of personal data by unauthorised persons.
3. The Customer is prohibited from providing unlawful content.
4. The Seller is entitled to a technical interruption in the functioning of the Website, including the Shop, necessary for the planned, current operation and maintenance of the server and software. In the event of a planned interruption, Customers will be explicitly notified on the Website.
5. To the fullest extent permissible by law, the Seller shall not be liable for any disruption, including interruption in the functioning of the Website caused by force majeure, unauthorised action of third parties or incompatibility of the Website with the technical infrastructure of the Customer.

§5 Services provided by electronic means

1. The Seller shall provide services electronically through the Website.
2. Among others, the following free electronic services are available:
   a. a. enabling the Customer to browse the content and assortment on the Website and the Store, and to use the content search engine,
   b. enabling the Customer to place an Order in the Store without registration,
   c. creating and maintaining an Account with the Store,
   d. sending a newsletter.
3. The Store Account Agreement and the Newsletter Agreement are concluded for an indefinite period of time and may be terminated at any time with immediate effect. The Store Account Agreement may be terminated by deleting the Account, and the Newsletter Agreement may be terminated by unsubscribing from it according to the instructions included in each newsletter or by sending a relevant request to the Seller at the e-mail address specified in § 3 of the Terms and Conditions.

§6 Setting up an Account with the Store

1. Setting up an Account with the Store is free of charge.
2. In order to set up an Account in the Shop, it is necessary to fill in the Registration Form or tick an appropriate checkbox in the Order Form
3. Logging into an Account takes place by providing a login and password established in the Registration Form.
4. The Customer has the possibility of deleting the Account at any time, without giving any reason and without incurring any fees on this account, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the address given in §3.

§7 Rules of placing an Order

1. Orders may be placed in the Shop 24 hours a day, on all days of the year.
2. Browsing through the Shop’s assortment does not require creating an Account. Placing orders by the Customer for Products from the Shop’s assortment is possible after creating an Account in accordance with the instructions contained in §6 of the Terms and Conditions or by providing the necessary personal and address data which enables the fulfilment of an Order without creating an Account.
3. In order to place an Order without registering, one should:
   a. select the Product which is the subject of the Order and then click the “ADD TO CART” button
   b. fill in the Order Form, entering the data of the recipient of the Order and the address to which the delivery of the Product is to take place, select the type of shipment (method of delivery of the Product, if applicable to the Product in question),
   c. enter the data for an invoice, if different from the data of the recipient of the Order,
   d. select one of the available payment methods and click the “Buy and pay” button,
   e. confirm the Order by making payment within the specified time limit in the manner previously selected.
4. In order to place an Order with registration (creating an Account), you should:
   a. select the Product that is the subject of the Order and then click the “ADD TO CART,
   b. for the first order, fill in the Order Form, entering the data of the recipient of the Order and the address to which the delivery of the Product is to take place, select the type of shipment (method of delivery of the Product, if applicable to the Product) and check the box “Create an Account?”
   c. for subsequent orders, log into the Shop,
   d. enter the data for the invoice, if different from the data of the recipient of the Order,
   e. select one of the available payment methods and click the “Buy and pay” button,
   f. confirm the Order by making payment, in the manner previously selected.
5. Online payment is made directly on the Payment Operator’s website.
6. Once the online payment has been made, the Customer will be redirected back to the Website.
7. As soon as the Customer confirms the order by using the “I buy and pay” button, a contract of sale is concluded between the Customer and the Seller.
8. The Customer will receive, at the e-mail address provided in the order, a confirmation of the conclusion of the contract.

§8 Prices and offered delivery and payment methods

1. The prices of the Products are specified in the descriptions of the Products available on the Website.
2. All prices on the Website are expressed in Polish zloty and are gross prices.
3. The price shown next to the Product at the time the Customer places the Order in accordance with the procedure described in § 7 of the Terms and Conditions is binding on the parties to the transaction.
4. The total amount to be paid by the Customer consists of the price for the Product and the cost of delivery (if the Product requires physical delivery), of which the Customer is informed on the pages of the Store when placing an Order, including at the moment of expressing the will to enter into a Sales Agreement.
5. The Customer may use the following methods of delivery or collection of the ordered Product:
   a. courier delivery,
   b. parcel post InPost.
6. The Customer may pay for his/her order by choosing one of the following payment methods:
   a. debit card,
   b. credit card,
   c. electronic transfer,
   d. mobile payments, including blik,
7. Detailed information on the available payment and delivery methods for each Product can be found in the Order Form.
8. By concluding the Contract with the Seller, the Customer agrees to send invoices and their corrections electronically to the email address provided in the Order Form or the email message sent to the Seller.

§9 Complaints

1. The Seller is obliged to deliver the Product free of defects.
2. The Customer has the right to make a complaint under the warranty.
3. The Customer shall submit the complaint in writing or by email to the chosen address specified in §3 of the Terms and Conditions.
4. The complaint should contain the Customer’s identification data, a description of what the complaint concerns and the demands related to it. In the case of incomplete information, the Seller shall call the Customer to supplement it within 14 days of receiving the call with the instruction that failure to supplement the deficiencies within the indicated time limit will result in leaving the complaint unprocessed.
5. The time limit for considering the complaint by the Seller is 14 days from the date of correctly submitted complaint to the Seller.
6. Failure of the Seller to respond within the aforementioned period to a correctly submitted complaint means that the complaint is recognised by the Seller.
7. In case the Customer is not a Consumer or Entrepreneur taking advantage of the consumer protection, the Seller’s liability under the warranty for physical or legal defects of the goods is excluded (on the basis of Article 558§1 of the Civil Code).

§10 Right of withdrawal

1. The Customer, being a Consumer or Entrepreneur benefiting from consumer protection, who has concluded a distance contract with the Seller, may withdraw from the Sales Contract without providing any reason within 14 days. In the case of Products consisting in the provision of digital content or electronic services, the deadline is counted from the date of conclusion of the contract. In the case of Physical Products, the deadline is counted from the day on which the item is handed over to the Consumer/Entrepreneur exercising consumer protection or to a person designated by him/her, other than the carrier, whom he/she has chosen to deliver the Product.
2. In order to comply with the withdrawal period, it is sufficient for the Consumer/Entrepreneur enjoying consumer protection to send information concerning the exercise of his/her right of withdrawal before the expiry of the withdrawal period.
3. The right of withdrawal from a contract concluded at a distance shall not apply to the Consumer in respect of:
   a. A contract for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer/entrepreneur exercising consumer protection and has previously informed him/her that the Consumer will thereby lose his/her right of withdrawal;
   b. A contract whose object of performance is a non-refabricated item manufactured to the Consumer’s/Consumer Protection Entrepreneur’s specifications or to meet his/her individualised needs;
   c. A contract in which the object of performance is an item that is perishable or has a short shelf life;
   d. A contract in which the subject matter of the performance is an item supplied in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery
   e. A contract in which the subject of the performance is an item which, once delivered, by its nature, becomes inseparable from other items;
   f. A contract in which the subject matter of the performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
   g. A contract for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
4. Contracts for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the express consent of the Consumer/Entrepreneur exercising consumer protection before the expiry of the withdrawal period and after the Seller has informed the Consumer/Entrepreneur of the loss of the right to withdraw from the contract
5. In order to withdraw from a contract that does not cover the situations listed in the preceding paragraph, the Consumer/Entrepreneur benefiting from consumer protection should inform the Seller of the intention to withdraw from the contract by means of a declaration of intent in the form of a letter sent by e-mail or by post to the address specified in §3 of the Terms and Conditions.
6. The Consumer and Entrepreneur exercising consumer protection may use the template in the appendix below these Terms and Conditions for this purpose. However, this is not obligatory.
7. In the event of withdrawal from the Contract, the Seller shall return all payments received, no later than 14 days from the day on which the Seller was informed of the withdrawal from the Contract by the Consumer or Entrepreneur benefiting from consumer protection. The Seller shall refund the payments using the same payment methods as those used in the original transaction, unless the Consumer/Consumer Protection Entrepreneur has expressly agreed to a different solution that will not incur any costs for the Consumer/Consumer Protection Entrepreneur.
8. The Seller may withhold reimbursement until it has received the returned Product or confirmed that it has been returned (whichever is sooner).
9. The Consumer shall bear all direct costs of returning the Physical Product, including packaging and postage.
10. The Consumer/Entrepreneur exercising consumer protection shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

§11. Out-of-court ways of solving consumer disputes

1. The Seller agrees to submit any disputes arising in connection with the concluded distance contracts to mediation proceedings. The details will be determined by the parties to the dispute.
2. In a situation where the undertaken mediation proceedings have been unsuccessful, and the Customer is not a Consumer or Entrepreneur benefiting from consumer protection, the court competent to resolve any disputes related to such an agreement is the court having jurisdiction over the registered office of the Seller.
3. The Consumer has the possibility to use out-of-court ways of dealing with complaints and pursuing claims. Among others, the Consumer has the possibility to:
   a. apply to a permanent amicable consumer court to resolve a dispute arising from the concluded contract,
   b. apply to the regional inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute,
   c. use the assistance of a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
4. A consumer may also submit a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
5. For more detailed information on out-of-court complaint and redress procedures, the Consumer can look at http://www.uokik.gov.pl

§12 Copyright

1. The digital content available on the Website is a work and is protected by copyright, and such rights are vested in the Seller or persons cooperating with the Seller and who have granted the Seller the relevant licences or transferred the proprietary copyrights.
2. The Customer may use the purchased Products and other content available on the Website on the basis of permitted private use. This means that the Customer and users of the Website may use them only for their own purposes, including their own business activities, with the proviso that the Purchaser is not entitled to make them available to third parties as their own product or service (whether paid or unpaid).
3. The Customer interested in a wider use of the aforementioned content and purchased Products should contact the Seller and undertake individual negotiations. §13 Personal Data and Cookies
   The rules of processing personal data and using cookies are described in the Privacy and Cookies Policy available at https://meadowstale.com/polityka-prywatnosci

§13 Personal Data and Cookies

The principles for the processing of personal data and the use of cookies have been described in the Privacy and Cookies Policy available at https://meadowstale.com/polityka-prywatnosci

§14. Final provisions

1. Contracts concluded by the Seller are concluded in the Polish language.
2. The Seller reserves the right to make changes to these Terms and Conditions for important reasons, i.e.: changes to the law, changes to methods of payment and delivery, to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform about the changes 14 days prior to their introduction. The changes shall not apply to agreements concluded before the introduction of the changes to the Terms and Conditions.
3. Contracts concluded before the amendments to the Terms and Conditions shall be governed by the version of the Terms and Conditions in force on the date of conclusion of the contract.
4. Matters not regulated by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Entrepreneurs’ Law; Act on Providing Services by Electronic Means; Consumer Law, General Data Protection Regulation (RODO) and Personal Data Protection Act.
5. The Terms and Conditions apply to agreements concluded from 07.06.2023.