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Table of contents
The www.colorcept.com online store cares for the rights of consumers. The consumer may not waive the rights conferred on him by law. The provisions of the contracts less favorable to the consumer than the provisions of the law are invalid and the provisions of law apply in their place. Therefore, the provisions of these regulations are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be explained for the benefit of the consumer. In the event of any non-compliance of the provisions of these regulations with the above provisions, these provisions shall prevail and should be applied.
1.1. The Online Store available at www.colorcept.com is run by BARTOSZ MIESZALSKI running a business under the name of:
1.1.2 (for Orders made from the territory of Norway and other countries outside of Norway and via the Norwegian- and English-language versions of the Online Store) COLORCEPT- BARTOSZ MIESZALSKI, having: the address of the place of business and the address for delivery: Kongleveien 9, 4072 Randaberg, org.nr.: 925235423, e-mail address: firstname.lastname@example.org.
1.2. These Regulations are addressed both to consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed only to consumers or entrepreneurs.
1.4.1. BLOG – Electronic Service, an internet blog available in the Online Store and run by the Service Provider for all visitors to the Online Store.
1.4.2. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. COPYRIGHT – the act on copyright and related rights applicable to the country from which the Order is submitted.
1.4.6. PRODUCT – a service available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.
1.4.7. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.4.8. ONLINE STORE – the Service Provider’s online store available at the Internet address: www.colorcept.com.
1.4.9. DEALER; SERVICE PROVIDER – BARTOSZ MIESZALSKI running a business under the name COLORCEPT- BARTOSZ MIESZALSKI.
1.4.10. SALES AGREEMENT – a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
1.4.11. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.12. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity – using or intending to use the Electronic Service.
1.4.13. ORDER – Customer’s declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2.1. The following Electronic Services are available in the Online Store: Order Form.
2.1.1. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer has completed two consecutive steps – (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form, the field >> go to payment << – until then it is possible to modify the entered data. (to do this, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data regarding the Customer: name and surname, e-mail address and data regarding the Sales Agreement: requests for details of the Service, photos to be used in the performance of the Service, the number of Products, method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number.
184.108.40.206. The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
2.1.2. Blog – using the Blog is possible after going to the appropriate tab with articles on the Online Store website. The blog is available to all visitors of the Online Store without the need to provide any data or register an Account. As part of the Blog, the Service Provider publishes articles related to the subject and assortment of the Online Store.
220.127.116.11. The Service Recipient may, at any time and without giving any reason, stop using the Blog by closing the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, with respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing illegal content.
2.4. The complaint procedure for Electronic Services:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 6 of the Regulations), the Customer may submit, for example:
18.104.22.168. in writing to the following address: ul. Kongleveien 9, 4072 Randaberg (for Orders in Norway and other countries outside of Poland); Słowackiego 22/2, 44-100 Gliwice (for Orders from Poland)
22.214.171.124. in electronic form via e-mail to the following address: email@example.com.
2.4.2. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities; (2) the Service Recipient’s requests; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.3. The Service Provider responds to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website is given in NOK and includes taxes. The total price including taxes of the Product being the subject of the Order and other costs, and if the amount of these fees cannot be determined – the obligation to pay them, the Customer is informed on the Online Store website when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and informs the Customer about the acceptance or non-acceptance of the Order within 24 hours. Non-acceptance may result from the inability to perform the entrusted Order as part of the package selected by the Customer. In this case, the Seller offers the Customer an additional payment of the amount constituting the difference between the price of another package and the price of the selected package (or another amount that the Seller considers appropriate in relation to the volume of the ordered Electronic Service); reduction of the scope of the Commissioned Order (e.g. by reducing the number of photos, redoing photos from a different perspective or reducing the number of color variants of the project); or resignation from the performance of the Electronic Service (in this case, the entire amount paid will be returned to the Customer by the Seller in the manner indicated by the Customer).
Confirmation of receipt of the Order and its acceptance for implementation, as well as non-acceptance of the Order, takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation or on refusal to perform and confirmation of the conclusion of the Sales Agreement. If the Order is accepted by the Seller, a Sales Agreement is concluded between the Customer and the Seller when the Customer receives the above e-mail.
3.4. Consolidation, security and making available to the Customer the content of the concluded Sales Agreement takes place by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2. Of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
4.1. The Seller provides the Customer, depending on the country from which the Order is made, the following payment methods under the Sales Agreement:
4.1.1. Electronic payments and card payments via PayU.pl, PayPal.com, Vips.no or Nets.eu – possible current payment methods are specified on the Online Store website in the information tab on payment methods and on the website http: // www .payu.pl, http://www.vips.no, http://www.nets.eu and https://www.paypal.com/pl.
126.96.36.199. Settlements of transactions with electronic payments and payment cards are carried out according to the Customer’s choice via PayU.pl, Vips.no, Nets.eu or PayPal.com. The service of electronic payments and payment cards is provided by:
188.8.131.52.1. PayU.pl – PayU S.A. company with its seat in Poznań (seat address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań; share capital in the amount of PLN 4,944,000.00 fully paid up; NIP: 7792308495.
184.108.40.206.2. Nets.eu – Nets A / S company, CVR-nr. 37427497, Klausdalsbrovej 601, DL-2750 Ballerup, Denmark
220.127.116.11.3. Vips.no – VIPS AS company, Robert Levins gate 5, 0154 Oslo
18.104.22.168.4. PayPal.com – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.
4.2. Date of payment:
4.2.1. If the Customer chooses electronic payments or payment by credit card, the Customer is obliged to make the payment at the time of placing the Order via the Order Form.
5.1. The deadline for the performance of the service included in the Product is each time indicated in the description of the service. In the event of exceeding the declared deadline for the service, the Seller undertakes to pay a contractual penalty in the amount of 25% of the value of the placed Order for each day of delay, but not higher than the total value of the Order. The reservation of a contractual penalty does not exclude the possibility of claiming damages by the Customer on general terms.
5.2. The Seller provides the Customer with the service in the form of an electronic shipment to the Customer’s e-mail address provided in the Order Form.
6.1. The basis and scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code (including Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to provide services in a manner consistent with the description of the service on the Online Store website and with due diligence.
6.3. The complaint may be submitted by the customer, for example:
6.3.1. in electronic form via e-mail to the following address: firstname.lastname@example.org.
6.4. The Seller will respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has requested replacement of the item or removal of the defect, or submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request was considered justified .
7.1. The right to withdraw from a distance contract is not entitled to the consumer, among others in relation to contracts: (1) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has performed the service, he will lose the right to withdraw from the contract; (2) for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.
7.2. Subject to the exceptions set out in point 8.1, a consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example:
7.2.1. in electronic form via e-mail to the following address: email@example.com.
7.3. The period for withdrawal from the contract begins for other contracts – from the date of conclusion of the contract.
7.4. In the event of withdrawal from a distance contract, the contract is considered void.
7.5. The seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return all payments made by him to the consumer. The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him.
7.6. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
7.6.1. In the case of a Product that is a service, the performance of which – at the express request of the consumer – began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request, is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of the payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.1. This point of the Regulations applies to Products that are a work within the meaning of the Copyright Law and are therefore subject to copyright protection and to which the Seller is entitled to proprietary copyrights.
8.2. The following provisions of the Regulations are intended to define the rules for granting a license to the Customer by the Seller for Products protected by Copyright Law, to the extent necessary for the Customer to use the Product.
8.3. The use by the Customer of the Product constituting a work within the meaning of the Copyright Law and thus being protected by the Copyright Law is possible only for non-profit purposes, for the Customer’s own use, to the extent specified in these Regulations and the provisions of the Copyright Law.
8.4. To the extent permitted by generally applicable regulations, including in particular the Copyright Law and the regulation on fair use, the Customer is not entitled to make the Product available to third parties and to use it for profit.
8.5. At the time of payment, the Seller grants the Customer a non-exclusive, non-transferable, non-transferable and without the right to sub-license (including without the right to authorize other people to use the content within the scope of the granted license) a license to use the Product, including the right to use proprietary copyrights, without limitation every territory and time, in the following fields of use: (1) multiple downloads of the Product and its digital storage in computer memory; (2) permanent or temporary reproduction of the Product in whole or in part, using digital technology, to the extent that it is necessary to reproduce it in order to display, reproduce or store the Product; (3) permanently or temporarily displaying, reproducing or storing the Product by digital technology. All rights, apart from the above, not expressly granted to the Customer, are reserved by the Seller, in particular the Customer is not entitled to (1) distribute the Product, including rental of the Product or its copy; (2) sublicense the Product (including the right to authorize other people to use the Product and (3) to market the Product, including lending or renting it.
9.1. This section of the Regulations and the provisions contained therein apply only to Customers and Service Users who are not consumers.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available methods of payment, including requiring a prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Agreement.
9.4. The Seller’s liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
9.5. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Customer an appropriate statement.
9.6. The liability of the Service Provider / Seller towards the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the price paid under the Sales Agreement.
The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damages predictable at the time of concluding the contract and is not responsible for the lost benefits in relation to the Service User / Customer who is not a consumer.
9.7. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.
10.1. Agreements concluded via the Online Store are concluded in Polish (for Orders from Poland), Norwegian (for Orders from Norway) and English (for Orders from Poland)
10.2. Changing the Regulations:
10.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, that is: changes in the law; changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations.
10.2.2. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the existing fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
10.2.3. In the event of concluding contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, amendments to the Regulations will not in any way infringe the acquired rights of Service Recipients / Customers who are consumers before the effective date of the amendments to the Regulations, in particular no amendments to the Regulations affect the already placed or placed Orders and concluded, implemented or performed Sales Agreements.
10.3. In matters not covered by these Regulations, generally applicable law and other relevant provisions of generally applicable law shall apply.