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Terms and Conditions
§1 General provisions
- The Terms and Conditions define the conditions of operation of the website: elfisanta.com.br, available at https://www.elfisanta.com.br/
- To all matters not settled herein, the provisions of the Polish Civil Code and other relevant legislation are applicable.
- None of the services of function of elfisanta.com.br website can be used for illegal purposes.
- The terms referred to in the Terms and Conditions shall have the following definitions:
- Terms and Conditions – these terms and conditions applicable to the elfisanta.com.br website.
- Website – Internet website available at: https://www.elfisanta.com.br, an Internet outlet selling letters from Santa Claus.
- Operator - SANTA Piotr Zielawski NIP (Tax ID no.): 5361633278 , REGON (National Business Registry no.): 147121184 ul. Rejtana 12 05-126 Nieporęt, with its registered office in Nieporęt, at ul. Rejtana 12, 05-126, contact address: [email protected] - based on entry into the Central Registration and Information on Business register.
- User – an individual using the website. The User may also be a person with limited legal capacity, upon consent from their statutory representative.
- The technical requirements necessary to work together with the ICT system of the Seller/Service Provider are as follows:
- minimum screen resolution 1024x768 pixels
- Internet connection
- correctly installed Internet browser which supports the HTML5 standard and CSS3 cascading style sheets technology
- operational e-mail account
- video player
- the latest Adobe Flash plug-in version
User – an individual using the website. The User may also be a person with limited legal capacity, upon consent from their statutory representative.
§ 2 Use of the website
Registration is obligatory for those who would like to use the service.
- The User, while using the functions available on the website, is able to place orders for products offered through the online outlet, subscribe to the newsletter of the Operator and leave feedback about products and the outlet. In order to subscribe to the newsletter, the User needs to provide their name and e-mail address, to which the newsletter will be sent. Newsletter subscription constitutes consent to receive commercial information at the e-mail address provided, according to the Act on Electronic Service Provision.
- The Subscriber has the right to cancel their newsletter subscription by sending the appropriate information from the e-mail address which was used for subscription to: [email protected] or by using the 'Unsubscribe' option available at the bottom of each message.
§ 3 Payment
1. All payments are handled through PayLane Sp. z o.o. with registered offices in Gdańsk at ul. Arkońska 6/A3, postcode: 80-387, National Court Register number KRS:0000227278
§4 Rules for leaving comments
- All Users are entitled to add comments on material published on the outlet's website or on the operation of the outlet.
- The Operator reserves the right to delete comments which are not related to the subject of operation of the outlet.
- It is prohibited to add comments which are in conflict with legal provisions in force or with accepted principles of morality, in particular comments with offensive or vulgar contents, which incite violence, and/or libellous statements.
- The Operator is not liable for any contents added by the Users of the website. Any liability in this regard belongs to the User who has published the contents.
- By accepting the Terms and Conditions, the User agrees for their personal data to be processed by SANTA Piotr Zielawski with its registered office at ul. Rejtana 12 05-126 Nieporęt POLAND for purposes related to the sale and purchase agreement. The SANTA Piotr Zielawski company also collects and processes personal data for the purpose of sending a newsletter and adding comments about the outlet and the products offered.
- The scope of personal data gathered by SANTA Piotr Zielawski with its registered office at ul. Rejtana 12 05-126 Nieporęt is:
- In the "Customers" personal database, the following personal data is collected and processed for the purpose of correct provision of the sale and purchase service: first and last name, registered or temporary residence address, e-mail address, phone number.
- In the "Newsletter" personal database, the following personal data is collected and processed for the purpose of provision of the newsletter service: first and last name, e-mail address.
- In the "Feedback" personal database, the following personal data is collected and processed for the purpose of personalisation with regard to persons leaving comments on the online outlet and its services: first and last name, e-mail address.
- The interested party has the right to view their personal data, to correct it and to demand that it no be longer used, unless the data which is subject to the above-mentioned demand is required for the purpose of service provision. Submission of a demand by the interested party for removal of data which is required during customer registration shall constitute declaration of termination of the agreement for provision of services by the Service Provider.
- The Administrator of personal data registered with the website is SANTA Piotr Zielawski with its registered office at ul. Rejtana 12 05-126 Nieporęt POLAND
- All data regarding transactions, including personal data, may be transferred to PayLane Sp. z o.o. with registered offices in Gdańsk at ul. Arkońska 6/A3, postcode: 80-387, National Court Register number KRS: 0000227278, for purposes essential for the completion of a payment for a customer’s order.
§6. Acceptance and completion of orders for goods
- Orders from Users can be placed via the website at https://www.elfisanta.com.br/ 7 days a week, 24 hours a day.
The User is entitled to submit a complaint by e-mail to: [email protected] (concerns only a letter from Santa Claus). The Seller pays back the amount that the User had paid beforehand (if the shipping cost was not free then also the price of shipping is included) within 14 days from the date of receipt of the withdrawal of contract. The User can decide whether the payment is returned to User’s bank account by traditional money transfer or express online payments.
To meet the deadline mentioned in paragraph 1. the User must send a properly completed withdrawal of contract before the given term to the Seller by e-mail.
A User can use the template of withdrawal from the Sellers page: withdrawal of contract
- If incomplete or incorrect details are provided, the Seller has the right to cancel the order; the User should make sure that correct and full data is provided.
- In order to correct the data entered into the order form, the User should contact the Seller by e-mail at: [email protected]
- Placing an order constitutes consent for personal details contained in the order to be stored and processed by SANTA Piotr Zielawski with its registered office at ul. Rejtana 12 05-126 Nieporęt, according to the provisions in force of the Act on Personal Data Protection of 29 August 1997 (Journal of Laws of 2002, No. 101, item 926 - consolidated text, as amended.)
§7. Right to agreement termination
- According to the Act of 2 March 2000 on Protection of Certain Consumer Rights and on Liability for Damage Caused by a Dangerous Product (Journal of Laws no. 22, item 271) the Buyer as a Consumer has the right to terminate the agreement concluded remotely with the Seller without providing explanation within 60 (sixty) days from receiving the goods.
A User’s complaint can be made by an electronic post or the Contact template.
- To comply with the deadline specified in clause 1 of this section, it is enough to send a written declaration of termination to the Seller in the specified period. The declaration should be sent by traditional post to the Seller's registered address or by e-mail to: [email protected] The Consumer may use the termination declaration template made available by the Seller here.
- The Seller has a liability towards the Buyer who is a Consumer with regard to inconsistency between the goods and the agreement in the scope determined by the provisions of the Act of 27 July 2002 on Special Conditions of Consumer Sale and on Amendments to the Civil Code (Journal of Laws no. 141 of 2002, item 1176 as amended).
- The Consumer is entitled to submit a complaint in writing to the registered address of the Seller or by e-mail to: [email protected]
§9. Final provisions
- The court competent to settle disputes arising from agreements concluded by Consumers via the online outlet is the court competent according to the provisions of Polish law.
- The court competent to settle disputes arising from agreements concluded by Entrepreneurs via the online outlet is the court in whose jurisdiction the registered office of the Seller/Service Provider is located.
- To any matters not settled herein, Polish law provisions in force are applicable, in particular the provisions of the Civil Code, the Act on Special Conditions of Consumer Sale and on Amendments to the Civil Code (Journal of laws no. 141 of 2002 item 1176 as amended), the Act on Electronic Service Provision (Journal of Laws no. 144 of 2002 item 1204 as amended), the Act on Personal Data Protection (Journal of Laws of 2002 no. 101 item 926 as amended) and the Act on Protection of Certain Consumer Rights and on Liability for Damage Caused by a Dangerous Product (Journal of Laws no. 22 of 2000 item 271 as amended).
- The provisions of these Terms and Conditions do not exclude or limit any rights of the Users (including Customers) who are Consumers in the definition of the provisions of the Civil Code, to which they are entitled on the basis of the mandatory legal provisions of Polish law in force. In case of conflict between the provisions of the Terms and Conditions and those regulations, the mandatory legal provisions of Polish law in force shall prevail.
- Niniejszy Regulamin obowiązuje od dnia 01.10. 2014 r.