REGULATIONS (from 01/01/2023)

§ 1

Preliminary provisions

 

1. Astraja online store, available at: www.e-astraja.com , is run by Agnieszka Madej running a business under the name Astraja, entered into the Central Registration and Information on Economic Activity (CEIDG) kept by the minister responsible for economy, NIP 547-104-96-52, REGON

2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and specify the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer remotely.

 

 

§ 2

Definitions

 

1. Consumer - a natural person concluding a contract with the Seller within the Astraja Online Store, the subject of which is not directly related to his business or professional activity.

2. Seller - a natural person running a business under the name Astraja, entered into the Central Registration and Information on Economic Activity (CEIDG) kept by the minister responsible for economy, NIP 547-104-96-52, REGON 241502775.

3. Client - any entity making purchases via the Astraja Online Store and concluding a contract using means of distance communication.

4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity under a separate act, conducting business activity on its own behalf, and using the Astraja Online Store and the services offered by Astraja.

5. Store - online store run by the Seller at the Internet address www.e-astraja.com

6. Contract concluded remotely - a contract concluded with the Client as part of an organized system of concluding distance contracts, 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 contract.

7. Statute - these Store regulations.

8. Order - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Sales Agreement for the Product or Products with the Seller.

9. Account - customer account in the Store, it collects data provided by the Customer and information about Orders placed by him in the Store.

10. Registration form - form available in the Store, enabling the creation of an Account.

11. The order form - a form enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

12. Basket – an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.

13. Product - a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.

14. Sales agreement - Product sales contract concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means - depending on the features of the Product - a contract for the provision of services and a contract for specific work.

 

§ 3

contact

 

1. Seller's address: ul. Beskidzka 40, 43-354 Czaniec

2. Seller's e-mail address: biuro@astraja.com.pl

3. Seller's telephone number: +48 668 209 788

4. Seller's bank account number

   Bank Millennium SA 62 1160 2202 0000 0005 9128 5886

5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.

6. The Customer can communicate with the Seller by phone: Monday 11:00 a.m. - 5:00 p.m., Tuesday 11:00 a.m. - 3:00 p.m., Wednesday - Friday 09:00 a.m. - 4:00 p.m.

 

 

§ 4

Technical requirements

 

To use the Store, including browsing the assortment

Store and place orders for Products, the following are necessary:

1. end device with access to the Internet and a web browser,

2. active e-mail account,

3. cookie support enabled,

4. FlashPlayer installed.

 

 

§ 5

General information

 

1. To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the operation of the Store caused by force majeure, unauthorized action of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.

2. Browsing the Store's assortment does not require creating an Account. The Customer may place orders for Products included in the Store's assortment either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.

3. The prices given in the Store are given in Polish zloty, euro or dollars and are gross prices (including VAT).

4. The final (final) amount to be paid by the Customer consists of the price for the Product and the delivery cost (including fees for transport, delivery, postal services and packaging), about which the Customer is informed on the Store's website when placing the Order, including in the moment of expressing the will to be bound by the Sales Agreement.

5. If the nature of the subject of the Agreement does not allow, reasonably to be assessed, the amount of the final (final) price to be calculated in advance, information on the manner in which the price will be calculated, as well as fees for transport, delivery, postal services and other costs, will be provided in the Store. in the Product description or will be provided in e-mail correspondence with the Customer.

6. The goods presented on the online store website do not constitute an offer within the meaning of the Civil Code. By sending an order to the store, the customer submits an offer to conclude a sales contract for the ordered goods. The order confirmation sent by the store to the e-mail address provided by the customer constitutes a declaration of acceptance of the offer referred to above. Astraja makes every effort to ensure that the products offered in the online store are available and is obliged to deliver products free from any physical and legal defects.

 

§ 6

Rules of using the Store

 

1. The e-astraja.pl store allows you to purchase the Goods offered there via the electronic network (Internet).

2. The sales contract is concluded between the Customer and the Seller.

3. Consolidation, security and disclosure of the essential provisions of the Sales Agreement concluded using means of distance communication takes place by sending the Customer, together with the goods, to his address, a proof of purchase (receipt or invoice) or by sending the Customer the specifications of the purchased Goods to his e-mail address.

4. The Seller issues VAT invoices and receipts with the date corresponding to the shipment of the goods - it is not possible to change this date.

5. The condition for using the e-astraja.com Store is to read and accept these Regulations.

6. The customer of the e-astraja.com Store is obliged to:

   1. Not providing or transmitting content prohibited by law;

   2. Use the e-astraja.com Store in a way that does not interfere with its operation;

   3. Not sending or placing unsolicited commercial information within the e-astraja.pl Store;

   4. Use the e-astraja.com Store in a way that does not cause any inconvenience to other Customers and the administrator of the e-astraja.com Store;

   5. Using the content posted on the e-astraja.com Store websites for your own use;

   6. Use the e-astraja.com Store in a manner consistent with the provisions in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.

 

 

§ 7

Creating an Account in the Store

 

1. To create an Account in the Store, please complete the Registration Form.

2. Creating an Account in the Store is free.

3. Logging in to the Account is done by entering the login and password established in the Registration Form.

4. The Customer may delete the Account at any time, without giving a reason and without incurring any fees, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

 

 

§ 8

Rules for placing an Order

 

To place an Order you must:

 

1. log in to the Store (optional);

2. select the Product that is the subject of the Order and then click the "Add to cart" button (or equivalent);

3. log in or use the option to place an Order without registration;

4. if the option of placing an Order without registration has been chosen - complete the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details if different from the details of the recipient of the Order,

5. click the "Order and pay" button and confirm the order by clicking the link sent in the e-mail,

6. select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8 point 3.

7. After placing the order, the customer will receive a second automatically generated e-mail confirmation of receipt of the order. This confirmation will indicate the order details as well as these sales conditions again.
8. A contract will be concluded based on the order if the order is accepted by us, of which the customer will be notified in a separate e-mail. We do not accept orders from persons under 18 years of age.
9. It is possible to order sizes not available in the store's standard offer, these are very small, children's sizes (size 116 and smaller) and large men's and women's sizes (from size M and larger). The listed sizes are produced only at the individual request of the customer and do not constitute the store's standard offer, unless the offer of the selected product shows otherwise and allows the purchase of the mentioned sizes. To order a non-standard size, please contact us by e-mail.

 

 

§ 9

Delivery and payment methods offered

1. The Customer may use the following methods of delivery or collection of the ordered Product:

   1. Postal shipment (Poczta Polska Expres 24)

   2. Letter mail (Registered Priority Mail)

   3. Courier delivery (DPD, InPost)

   4. Cash on delivery (DPD) courier delivery

   5. Parcel locker shipment (InPost),

   6. Personal collection available at: ul. Beskidzka 40, 43-354 Czaniec upon prior arrangement of collection date

   7. Personal collection at the competition

 

2. The customer can use the following payment methods:

   1. Cash on delivery

   2. cash on delivery

   3. Payment by transfer to the Seller's account

   4. Electronic payments

   5. Payment by payment card.

       

3. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website and in distance contracts.

4. The Seller reserves the right to temporarily disable certain delivery methods due to weather conditions.

 

 

§ 10

Execution of the sales contract

 

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.

2. If the goods covered by the order are unavailable and it is impossible to complete the order, the customer will receive a notification from us by e-mail to the e-mail address provided by the customer. No later than 30 days from the date of conclusion of the contract, the money will be returned in the manner in which the payment was made.

3. If the Customer chooses:

   1. payment by transfer, electronic payment or payment by payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.

   2. cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.

   3. payment in cash upon personal collection of the parcel, the Customer is obliged to make the payment upon receipt of the parcel within 7 days from the date of receiving information about the readiness of the parcel for collection.

4. If the Customer has chosen a delivery method other than personal collection, and the goods ordered by the Customer or the goods ordered by the Customer are available, the order will be sent by the Seller within 14 business days or within the deadline specified in the product description, if any. If you order Products with different delivery dates, the delivery date is the longest given date.

5. The beginning of the delivery period of the Product to the Customer is counted as follows:

   1. If the Customer chooses the payment method by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.

   2. If the Customer chooses the cash on delivery method - from the date of conclusion of the Sales Agreement,

6. If the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within 14 business days or within the date specified in the product description, if included. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer's e-mail address provided when placing the Order.

7. The Seller reserves the right to postpone the delivery date in random situations beyond the Seller's control, such as natural disasters, epidemic threats, imposition of quarantine.

8. The Product is delivered worldwide. List of all countries with delivery times.

9. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the "Delivery costs" tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.

10. Personal collection of the Product by the Customer is free of charge.

11. If the Customer chooses personal collection, the Product remains in the reservation for 14 days. An uncollected order after this time is automatically canceled.

 

 

§ 11

Execution of the sales contract in the case of individual orders

 

1. It is possible to order a Product according to the Customer's idea and instructions, as well as a tailor-made Product. To do this, please send a message via the contact form or via e-mail for a prior estimate of the project.

2. Sizes from the size table: 92, 98, 104, 110 and M, L, XL, 2XL from the basic offer. The seller only makes on individual orders.

3. The message should include: dimensions or size from the Seller's size table, design in the form of a drawing, photo or video, the Customer's telephone number and e-mail address.

4. In the absence of the above information, a quote will not be possible.

5. The Seller makes available to the Customer movie with instructions on how to properly take measurements.

6. The products are made of highly elastic knitted fabrics and the finished product will be smaller than the given dimensions.

7. The Seller is not responsible for dimensions taken incorrectly by the Customer.

8. Based on the information sent, the customer will receive a price proposal and suggested changes to the project, if necessary.

9. After the Customer has selected a convenient price option, he or she should purchase the "Individually ordered costume" product for the agreed amount and proceed in accordance with § 8 "Rules for placing an order" or in accordance with the terms and conditions set out in the distance contract.

10. The consumer has the right to cancel the order before receiving confirmation of acceptance of the order from the Seller. For this purpose, the Consumer should immediately contact the Seller via e-mail or telephone.

11. The Consumer undertakes to pay the Seller a contractual penalty for withdrawal from the Agreement in the amount of 30% of the gross remuneration, if the withdrawal takes place within 5 days of concluding the Agreement; 100% after 14 days from the conclusion of the Agreement.

12. The Seller reserves the right to postpone the delivery date in random situations beyond the Seller's control, such as natural disasters, epidemic threats, imposition of quarantine.

13. The right to withdraw from a distance contract is not available to the Consumer in relation to the Contract:

    1. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to meet his individual needs,

    2. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the Agreement,

14. Client NO who is a Consumer has the right to withdraw from the contract:

    1. in the event that the Seller does not perform or improperly performs the contract

    2. The Customer will pay the Seller a contractual penalty for withdrawal from the contract for reasons attributable to the Customer, in the amount of 30% of the gross remuneration, if the withdrawal takes place within 5 days of signing the contract; 100% after 14 days from signing the contract.

    3. Withdrawal from the contract must be made in writing under pain of nullity and an indication of the reason for withdrawal.

15. Products ordered based on photos, videos, designs and drawings sent by the Customer may differ in appearance from the finished Product. It is caused by:

    1. different size

    2. setting a fixed price by the Client

    3. studio specifications

    4. copyrights (the Seller does not copy 100% of Products from other studios)

16. The above differences do not constitute grounds for making claims or complaints.

17. The Customer undertakes to pay the Seller the remuneration agreed in the Agreement, no later than seven days after receiving information that the order has been completed, unless the Agreement provides otherwise.

 

§ 12

Right to withdraw from the contract

 

1. The consumer may withdraw from the Sales Agreement without giving any reason within 14 days.

2. The period specified in section 1 begins with the delivery of the Product to the Consumer or a person other than the carrier indicated by him.

3. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the deadline.

4. The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller's e-mail address or by submitting the declaration on the Seller's website - the Seller's contact details are specified in § 3. The declaration may also be submitted on the form, the template of which is attached as Annex No. 1 to these Regulations and the annex to the Act of May 30, 2014 on consumer rights, but this is not obligatory.

5. If the Consumer sends the declaration electronically, the Seller will immediately send the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer.

6. Effects of withdrawal from the Agreement:

   1. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.

   2. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, with the exception of additional costs resulting from the method of delivery chosen by the Consumer. other than the cheapest standard delivery method offered by the Seller.

   3. The Seller will refund the payment 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 that will not involve any costs for him.

   4. The Seller may withhold the refund until he receives the Product back or until he receives proof of its return, depending on which event occurs first.

   5. The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the date on which he informed the Seller about withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the 14-day period expires.

   6. The consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.

   7. The Consumer is only responsible for any reduction in the value of the Product resulting from using it in a manner other than what was necessary to establish the nature, characteristics and functioning of the Product.

7. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store or will be presented to the Customer in e-mail correspondence.

8. The right to withdraw from a distance contract is not available to the Consumer in relation to the Contract:

   1. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to meet his individual needs,

   2. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the Agreement,

 

§ 13

Complaint and warranty

 

1. The Sales Agreement covers new and used Products. The condition of each used Product is described in detail on the Store's website. Some of the Products are unique and unique, often handmade. Photos of the Goods are examples. Products made to individual order (made to measure, available to order, sizes from the size table: 92, 98, 104, 110, 116 and M, L, XL, 2XL) and underwear or products purchased by the meter are not subject to exchange or return, this also applies to costumes and clothing from the basic offer available in the store, but at the customer's request, with modifications introduced, e.g. a change of color, additional decorations with stones, sequins, or adjusting the costume to the figure.

2. The Seller is obliged to provide the Customer with an item free from defects.

3. Statutory regulations apply to legal and physical defects of items. All information about the goods is information about their properties and does not constitute a warranty.

4. Complaints should be submitted in writing or electronically to the Seller's addresses provided in these Regulations or using the electronic complaint form provided by the Seller on one of the Store's subpages.

5. It is recommended that the complaint include, among others: a concise description of the defect, the circumstances (including the date) of its occurrence, and details of the Customer filing the complaint.

6. When submitting a complaint, the Customer may, at his/her discretion, demand a price reduction or withdraw from the Agreement (except for § 13/1 of the Regulations), unless the Seller proposes repairing the item or replacing the Goods with a new one, free from defects.

7. The Customer may not withdraw from the Sales Agreement if the defect is insignificant.

8. The Customer may request that the Goods be replaced with a defect-free one or that instead of replacement, the Goods be repaired, unless the method chosen by the Customer is impossible or would require excessive costs from the Seller.

9. The Seller will respond to the complaint immediately, no later than within 14 days, and if it does not do so within this period, it is considered that the Customer's request is justified.

10. Goods returned under the complaint procedure should be sent to the address provided in § 3 of these Regulations.

11. Each item purchased in the Store is subject to a 24-month warranty and may be subject to a complaint subject to appropriate deadlines and complaint conditions if it has defects.

12. Complaints and warranty do not cover damage resulting from:

    1. using the product contrary to its intended use

    2. all types of mechanical damage (tears, cuts, etc.), improper use, negligence and accidents and random events regardless of their cause

    3. damage caused by careless and improper use, e.g. discoloration of the material due to improper maintenance and use of cosmetics containing alcohol

    4. not following the manufacturer's recommendations given on the label

    5. natural abrasion of shiny materials

    6. products with any interference in the shape and appearance made by unauthorized persons and services

13. The complained product must be returned at your own expense. If the complaint is upheld, the shipping cost will be refunded according to the InPost price list.

14. Applications and prints are also not covered by the warranty.

15. The Seller has the right to refuse to accept the Product in the event of a return made after the expiry of the permissible deadline.

16. The Seller does not accept the return of goods sent as cash on delivery.

17. Products that were reserved in the online store, picked up and paid for in person in a stationary store, as well as products made and modified at the Buyer's special order (in accordance with Art. 38 point 3) are not subject to return. the reason is the impossibility of further resale of the goods due to their individual characteristics). Due to hygiene rules, tights, socks, hairbands or other hair accessories, e.g. hair bands, cannot be returned or exchanged.

18. Returns will only be accepted if the product has not been damaged in any way.

 

 

§ 14

Out-of-court methods of dealing with complaints and pursuing claims

 

1. Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and Provincial Inspectorates of Inspections. Handlowa and at the following Internet addresses of the Office of Competition and Consumer Protection:

   http://www.uokik.gov.pl/spory_konsumenckie.php

   http://www.uokik.gov.pl/sprawy_zdrowie.php

   http://www.uokik.gov.pl/wazne_adresy.php .

2. The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims:

   1. The consumer is entitled to apply to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.

   2. The consumer is entitled to contact the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.

   3. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).

 

 § 15

Personal data in the Online Store

 

1. The administrator of Customers' personal data collected via the Online Store is the Seller.

2. Customers' personal data collected by the administrator via the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer consents - also for marketing purposes.

3. The recipients of personal data of Online Store Customers may be:

   1. In the case of a Customer who uses the postal or courier delivery method in the Online Store, the Administrator makes the Customer's collected personal data available to the selected carrier or intermediary carrying out the shipment at the request of the Administrator.

   2. In the case of a Customer who uses electronic or payment card payment in the Online Store, the Administrator provides the Customer's collected personal data to the selected entity handling the above payments in the Online Store.

4. The customer has the right to access and correct their data.

5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.

 

§ 16

Final Provisions

 

1. The Seller reserves the right to change the prices of Products available in the Store, introduce new Products for sale, conduct and cancel promotional campaigns on the Store's website or introduce changes to them in accordance with the standards of the Civil Code and other acts, and these changes will not violate the rights of persons, who concluded sales contracts for Products offered in the store before making the above-mentioned changes.

2. Contracts concluded via the Online Store are concluded in Polish or English.

3. The Seller reserves the right to introduce restrictions on the use of the Online Store due to its technical service, maintenance work or work on improving its functionality. At the same time, the Seller undertakes to make every effort to ensure that the above-mentioned breaks take place at night and last as short as possible.

4. The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.

5. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.

6. The customer has the right to use out-of-court methods of dealing with complaints and pursuing claims. For this purpose, he may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.

7. Any inconvenience or interruption in the operation of the Store should be reported by e-mail, telephone or using the contact form available on the Store's website.

8. The Seller informs that all photos, publications and texts available in the Store are protected by the Act of February 4, 1994. on copyright and related rights (Journal of Laws 1994, No. 24, item 83). Graphics, logos, buttons, pictures and their compilations, which are the property of the Seller or its suppliers, are also subject to copyright protection. Unlawful copying, reproduction or distribution of any content posted on the Store's website is prohibited.