§1. GENERAL PROVISIONS

1. Internet shop is available at www.sklep.lightofmind.pl; it is owned by FABRYKA FANTAZJI Michał Głowacz, ul. Skarbowców 89B/1, 53-025 Wrocław, NIP: 6282061411.

2. These Terms and Conditions apply to Contracts concluded through the web page www.sklep.lightofmind.pl .

3. Definitions:
a) Internet shop - the internet shop of the Seller, available at www.sklep.lightofmind.pl .
b) Terms and Conditions – this document, terms and conditions of an internet shop, given in article 8 of the Act of June 18, 2002 on provision of electronic services (Dz. U. Nr 144, poz. 1204 ze zm.)
c) Seller - the internet shop, www.sklep.lightofmind.pl, run by FABRYKA FANTAZJI Michał Głowacz, ul. Skarbowców 89B/1, 53-025 Wrocław, NIP: 6282061411;
d) Buyer – an individual with full legal capacity; in cases provided by the applicable law, an individual having limited capacity to act; legal person or an entity without legal personality, who uses the electronic services of the Seller;
e) Registration form - available at the Internet shop, used to create an Account;
f) Account - a set of pieces of information, having individual name (a login) and password given by the Buyer, and kept in telecomputer system of the Seller, including information about Orders;
g) Order form - a form available at the Shop`s web page, used to make an Order;
h) Order - Buyer`s declaration of intent to conclude a Sales contract for Product, with the Seller;
i) Sales contract – a contract of sale in the meaning of Civil Code (Dz. U. Nr 16, poz. 93 ze zm.), concluded through the Internet shop, in Polish or English;
j) Product - a movable being the subject of the Sales contract between Buyer and Seller – painter`s patterns, pattern paints brushes, glues for patterns, home decorating articles;
k) Special product – a movable being the subject of the Sales contract between the Buyer and Seller, having individual characteristics (eg. available at individual request) and being subject to special rules of sales;
l) Proof of purchase – a VAT invoice, bank statement or any other document confirming payment for the Product;
m) Attachment 1 - a document attached to these Terms and Conditions, enabling withdrawal from the contract, mentioned in article 7 of this document;
n) Newsletter - an electronic service given by the Seller, enabling automatic mailing to an e-mail address provided by the Buyer, containing the most important information about the Internet shop;

4. The electronic services supplied by the Seller are:
a) managing the Internet shop Accounts;
b) receiving orders through e-mails and telephones;
c) sending the Newsletter;

5. Filling in the Registration form and creating the Account mean that the Buyer has read and acknowledged these Terms and Conditions

6. The announcements and advertisements, price lists and Product information, such as descriptions, technical parameters and prices, provided by the Seller on the Shop`s web page are an invitation to concluding the contract in the light of Article 71 of the Civil Code of April 23, 1964 (Dz. U. Nr16, poz. 93 ze zm.).

7. These Terms and Conditions are not intended to exclude or limit any freedoms of the Client being a Consumer in the light of the Act of the Civil Code of April 23, 1964 (Dz. U. nr 16, poz. 93 ze zm..), given to the Consumers pursuant to applicable provisions In the event of non-compliance between these Terms and Conditions with these provisions, priority is given to the provisions.


§2. ORDER SUBMISSION TERMS

1. The Customer is obliged to use the Internet Shop in accordance with applicable law and the rules of social conduct, bearing in mind respect for personal rights and intellectual property rights of third parties.

2. Internet shop sells on the territory of the Republic of Poland and outside of it.

3. The Buyer can choose one of the following ways of ordering:
a) making an Order using already existing Account;
b) filling in the Form available at the Shop`s web page;
c) making an Order through an e-mail;
d) making an Order through the telephone.

4. Orders mentioned in point 3a), b) and c) can be made 24 hours a day, 7 days a week.

5. Orders mentioned in point 3d) can be made from Monday to Friday, between 10 a.m. and 5 p.m.

6. A prerequisite for the successful submission and execution of the Order referred to in point 3a) of this section is to fill the Buyer`s Registration Form and by this to register and create an Account.

7. A prerequisite for the successful submission and execution of the Order referred to in point 3a) of this section is to fill the Order available at the Seller`s web page, and to send it to the Seller through e-mail given in "Contact" and "Write to us" section.

8. A prerequisite for the successful submission and execution of the Order referred to in point 3a) of this section is to send through an e-mail, to the Seller the following pieces of information: surname, home address, delivery address, web page link to the ordered Product, way of payment, way of delivery.

9. Orders referred to in points 3a), b) and c) that were submitted after 5 p.m., at the weekend or on days of public holidays will be processed the next business day.

10. The Order confirmation will be sent to the Buyer by the Seller, through an e-mail.

11. Orders being executed can be cancelled till the shipment. In case of Special orders, provisions in article 7.2. are applicable.

12. The average time of Order completion (from the moment of making it to the moment of receiving the shipment by the Buyer) is from 3 to 10 business days

13. In the event of lack of the ordered Products in stock, the Buyer is informed about this fact and about the prolongation of the Order completion time immediately.

14. In the event mentioned above, the Buyer can agree to the prolongation of the Order completion time, or to give up on that Product or the whole Order.

15. Seller reserves the right to cancel the Order if the Buyer has not filled in the missing pieces of information, required to complete the Order, within 7 days after being summoned to do so.


§3. PAYMENTS

1. Prices given on the Internet shop web page are in PLN and are gross prices (VAT included).

2. To each Order a receipt or VAT invoice is attached.

3. Buyer who is not an individual agrees to receive a VAT invoice without the signature of the recipient.

4. The Buyer can choose from of the following ways of payment:
a) cash on delivery;
b) internet or traditional bank transfer to the Seller`s bank account;
c) online transfer.

5. Way of payment is chosen while making the Order.

6. If the Buyer chooses option in point 3b) or c) of this section, the Products will be shipped after 100% of the payment is posted on the Seller`s bank account.

7. If the Buyer chooses option in point 3b) or c) of this section and fails to do the payment within 7 days from the Order confirmation date, the Seller has the right to cancel the Order and inform the Buyer about it through e-mail or telephone.

8. The Seller reserves the right to change prices of the Products. Orders made before prices are changed will be completed using the pricing from the time of ordering.

9. The above provision does not apply to Products with discounts, promotions or sales if the Product goes off stock In such cases the Seller will inform the Buyer about the shortage, and the Buyer then can buy the ordered Products with the current pricing available on the web page, or give up on the Order or its part.


§4. DELIVERY

1. The Buyer can receive the ordered Products through DPD courier, Poczta-Polska, or collect them in person, after setting the date with the Seller through e-mail or phone.

2. The delivery address is given by the Buyer while making Order.

3. Delivery costs are charged accordingly to current pricelists and depend on the weight and size of the shipment. The Buyer is informed about the delivery costs while making Order.

4. The Buyer commits themselves to taking the delivery of the sent Product.


§5. WARRANTY

1. All the Products offered by the Internet shop are covered by a warranty, given either by the manufacturer or the Seller.

2. Warranty period for each Product is one year.

3. The warranty does not exclude, limit or suspend the Buyers rights for the Seller`s liability for the non-compliance of the Product with the Sales contract, within the scope specified by the Act of July 27, 2002 of consumers` special sales conditions and of change to the Civil Code (Dz. U. nr141, poz. 1176 ze zm.).


§6. COMPLAINTS

1. The Seller advises to check the shipment in the presence of the courier or Poczta-Polska`s employee. If the Buyer does not check it, this will not stop the complaint procedure; however, checking the shipment will facilitate the procedure substantially.

2. It is advised to attach the proof of purchase or its copy to the faulty Product, which will make the complaint procedure much easier. Failure to attach the proof of purchase or its copy does not stop the complaint procedure.

3. The Buyer commits themselves to cover the shipment cost. If the complaint is admitted, the shipment costs are paid back to the Buyer.

4. Slight differences being result of individual settings of the Buyer`s computer, especially the screen, cannot be the subject to the complaint.

5. If the Buyer discovers that the Product is faulty, they have to inform the Seller within 2 months from the date of finding the Product non-compliant with the contract.

6. The Seller will consider the complaint within 14 days. If the Seller does not reply to the complaint within the given time, the complaint is automatically admitted as valid.


§7. WITHDRAWAL FROM THE CONTRACT

1. The Buyer, who is a Consumer in the light of the Civil Code (Dz.U. nr 16, poz. 93 ze zm.), has the right to withdraw from a distance contract without giving any reason, within 10 days from the date of delivery.

2. The above provision does not apply to:
a) services that were being provided prior to the deadline mentioned above;
b) audio and visual recordings on computer media, after removing the original packaging by the consumer;
c) contract for services whose price depends only on the fluctuation of prices on the financial market;
d) services personalised by the consumer in their order or concerning particularly them;
e) products that cannot be returned due to their short expiry date;
f) deliveries of press;
g) gambling services.

3. To effectively withdraw from the contract mentioned in point 1 of this section it is enough to file a written statement by the Buyer through e-mail or post mail, within the 10 statutory days. Attachment 1 contains such model statement.

4. If the Buyer withdraws from the contract, they are obliged to return the Product in unchanged shape, with the proof of purchase or its copy within 14 days from the withdrawal date.

5. The Seller guarantees to transfer back the price for the Product and the shipment costs, immediately and not later than within 14 days, to the bank account given by the Buyer, or through postal order to the address given in the Order. The shipment cost for the returned Product is covered by the Buyer.


§8. PROTECTION OF PERSONAL DATA

1. The Buyer by filling in the Registration form and creating an Account gives consent to processing their personal data by the Seller, according to the Act of August 29, 1997 on personal data protection (Dz. U. nr 133, poz. 883).

2. This data is processed by the Seller only for the purposes of giving services mentioned in article 1, section 4 of these Terms and Conditions

3. The personal data of the Buyer will not be made available to other persons or institutions for marketing purposes.

4. The Buyer has full access to verify, modify or delete their personal data from the Seller`s database.


§9. COOKIE FILES POLICY

I. DEFINITIONS

1. Administrator – FABRYKA FANTAZJI Michał Głowacz, ul. Skarbowców 89B/1, 53-025 Wrocław, NIP: 6282061411.

2. Cookies - computer data, small text files, saved and stored on devices, used by the User to browse Administrator`s web page.

3. Device - electronic device through which the User has access to the Administrator`s web page.

4. User - an entity to which electronic services can be given, according to these Terms and Conditions and law regulations; or with whom a Service contract can be concluded through the electronic means.

II. USE OF COOKIE FILES

1. Administrator uses Cookie files through the web page.

2. Information contained by the Cookie files allows for optimal web page performance and is used for statistics and advertising.

3. Cookie files register activities of the webpage User by recognising the device. Thanks to this the web page is displayed in the best way, adjusted to the User`s preferences.

4. The solutions used by the Administrator are safe to User`s devices visiting the web page. It is not possible for the device to be infected by malicious software

5. Administrator uses the following two types of Cookie files:

6. Session cookies that are stored on the device till the current session expires. Stored information is permanently removed from the device. Session cookies do not allow for gathering any personal data or confidential data from the User`s device.

7. Permanent cookies are stored on the device till they are deleted from it. Expiry of the session or turning of the Device will not cause the files to be deleted. Permanent cookies do not allow for gathering any personal data or confidential data from the User`s device.

III. WAYS OF COOKIE FILES STORAGE OR ACCESS TO THEM

1. User has the right to limit the access or deny it to the Cookie files on their Device. In such cases it will be possible to use the web page, but for the functions that require the use of Cookie files.

2. User can individually change the settings for Cookie files choosing the terms of their storage and accessing the User`s device. The abovementioned changes can be made through the Internet browser or through service configuration. These settings can be changed in such way that Cookie files will not be managed automatically, which can be set in the browser`s settings, and the User will be informed about saving the Cookie files on their device each and every time. Detailed information on the ways and options to manage the Cookie files is available in the settings of each browser.

3. User can instantly remove the Cookie files using options in the browser they use.

4. Limitation of the use of Cookie files can influence certain functionalities on the Administrator`s web page.


§10. FINAL PROVISIONS

1. The Seller reserves the right to restrict the use of the Internet shop due to technical servicing, maintenance works or its development. At the same time the Seller is committed to do everything they can to introduce the abovementioned changes at night, and to make the downtime as short as it is possible.

2. The Seller reserves the right to change these Terms and Conditions. All changes come into force at the moment when the Seller clearly indicates that, but not later than 7 days after the day of their announcing. Orders made before applying price changes will be completed using the pricing from the time of ordering.

3. Product returns, in warranty complaint or contract withdrawal procedures, that are sent at the expense of the Seller or with cash on delivery will not be accepted.

4. In matters not covered by these Terms and Conditions the relevant provisions of Polish law will apply, in particular the Act of April 23 1964, Civil Code. (Dz. U. nr 16, poz. 93 ze zm.), Act of July 27, 2002 on consumer sales special terms and amendment of the Civil Code (Dz. U. nr 141, poz. 1176 ze zm.), and Act of March 2, 2000 on protection of consumer rights and liability for damage caused by dangerous products (Dz. U. nr 22, poz. 271 ze zm.).

5. These Terms and Conditions come into force on December 07, 2017.