Terms and Conditions

General Provisions

This Regulations sets out the general terms and conditions, the method of providing services by electronic means and sales conducted through the Online Store Annasamkow.com. The store is run by Anna Samków, conducting business activity under the name ANNA SAMKOW Anna Samków, entered in the register of entrepreneurs of the Central Register and Information on Economic Activity kept by the Minister of Development at ul. Bagatela 10 lok. 26, 00-585 Warszawa NIP:5211808440 , REGON: 012693689, hereinafter referred to as the Seller.
Contact with the Seller takes place on working days from 10:00 to 16:00 via:
1. e-mail address: kontakt@annasamkow.com;
2. phone number: +48 604 090 963;
3. via the contact form.
These Regulations are continuously available on the Annasamkow.com website, in a way that allows its acquisition, reproduction and preservation of its content by printing or saving on a data carrier at any time.
The Seller informs that using services provided by electronic means may involve a risk on the part of every Internet user, consisting of the possibility of introducing harmful software into the Customer's ICT system and obtaining and modifying their data by unauthorized persons. To avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures that will minimize their occurrence, and in particular antivirus programs and a firewall.
The Seller has designated a single point of contact for communication with Customers, with the authorities of the European Union member states, the European Union Commission and the Digital Services Board, as referred to in the DSA Regulation. Communication at this point takes place at the e-mail address indicated in sub-point 2 above, in Polish and English.

Definitions

The terms used in the Regulations mean:

Working Days – are days from Monday to Friday, excluding public holidays;
Customer – a natural person with full legal capacity, a natural person conducting business activity, a legal person or an organizational unit that is not a legal person, to which specific provisions grant legal capacity, who places an Order within the Online Store or uses other Services available in the Online Store;
Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
Account – a part of the Online Store assigned to a given Customer, through which the Customer can perform specific actions within the Online Store;
Consumer – a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
Entrepreneur - a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
Regulations – this document;
DSA Regulation - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act);
Product – goods presented in the Online Store, the description of which is available for each presented product;
Sales Agreement – a Sales Agreement for Products within the meaning of the Civil Code, concluded between the Seller and the Customer;
Services – services provided by the Seller to Customers by electronic means within the meaning of the provisions of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Consumer Rights Act – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);
Act on the provision of services by electronic means – the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Order – a declaration of the Customer's will, directly aimed at concluding a Sales Agreement, specifying in particular the type and number of Products.

III. Rules for using the Online Store

Using the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
1. a computer or mobile device with Internet access,
2. e-mail access,
3. Internet Explorer web browser version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1. or newer,
4. Cookies and Javascript enabled in the web browser.
Using the Online Store means any action of the Customer that leads to their familiarization with the content contained in the Store.
The Customer is obliged in particular to:
1. not to provide and transmit content prohibited by law, e.g. content promoting violence, defamatory or infringing personal rights, copyrights and other rights of third parties,
2. use the Online Store in a way that does not disrupt its functioning, in particular by using specific software or devices,
3. not to undertake actions such as: sending or posting unsolicited commercial information (spam) within the Online Store,
4. use the Online Store in a way that is not burdensome for other Customers and for the Seller,
5. use all content posted within the Online Store only for their own personal use,
6. use the Online Store in a manner consistent with the provisions of the law applicable in the Republic of Poland, the provisions of the Regulations, as well as the general rules for using the Internet.

Services

The Seller enables the use of free Services through the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
The Account management service in the Online Store is available after registration. Registration takes place by filling in and accepting the registration form, available on one of the Online Store's pages. The agreement for providing the Account management service in the Online Store is concluded for an indefinite period and is terminated when the Customer sends a request to delete the Account.
The Customer has the option to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). To do this, provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The Customer can revoke consent to send commercial information at any time. The agreement for providing the Newsletter service is concluded for an indefinite period and is terminated when the Customer sends a request to delete their e-mail address from the Newsletter subscription or unsubscribes using the link in the content of the message sent as part of the Newsletter service.
The Seller has the right to organize occasional contests and promotions, the terms of which will always be provided on the Store's websites. Promotions in the Online Store are not cumulative, unless the Regulations of a given promotion state otherwise.
In the event of the Customer violating the provisions of these Regulations, the Seller, after prior unsuccessful call to cease or remove the violations, with a specified deadline, may terminate the service agreement with a 14-day notice period.

Procedure for concluding a Sales Agreement

Information about Products provided on the Store's websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of Article 71 of the Civil Code.
All Goods available in the Online Store are brand new, compliant with the Agreement and have been legally introduced to the Polish market.
If the Seller uses mechanisms for individual price adjustment based on automated decision-making, it always provides this information to the Consumer when placing an Order, taking into account the requirements imposed in this regard by personal data protection regulations.
A prerequisite for placing an Order is having an active e-mail account.
In the case of placing an Order via the Order form available on the Online Store's website, the Order is placed with the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Products covered by the Order. An offer made in electronic form is binding on the Customer if the Seller sends a confirmation of acceptance of the Order for execution to the e-mail address provided by the Customer, which constitutes the Seller's declaration of acceptance of the Customer's offer and upon its receipt by the Customer, a Sales Agreement is concluded.
Placing an Order in the Online Store by sending an electronic message takes place on Working Days and during the hours indicated on the Online Store's website. To do this, the Customer should:
1. provide in the content of the electronic message addressed to the Seller the name of the Product from among the Products on the Store's website and its quantity,
2. indicate the delivery method and payment method from among the delivery and payment methods provided on the Store's website,
3. provide the data necessary to fulfill the Order, and in particular: name and surname, place of residence and e-mail address.
Information on the total value of the Order, referred to in the point above, is provided by the Seller each time by informing by e-mail, along with information that the conclusion of the Sales Agreement by the Customer entails the obligation to pay for the ordered Product, at which point the Sales Agreement is concluded.
In the case of a Customer who is a Consumer, the Seller always sends the Customer a confirmation of the terms of the placed Order via e-mail after placing the Order.
The Agreement is concluded when the Customer, being a Consumer (in response to the confirmation of the Order conditions sent by the Seller), sends an electronic message to the Seller's e-mail address, in which the Customer: accepts the content of the sent Order and agrees to its execution, and accepts the content of the Regulations and confirms familiarization with the instruction on withdrawal from the Agreement.
The sales agreement is concluded in Polish, with content consistent with the Regulations.

Delivery

Product delivery is limited to European Union countries and is carried out to the address indicated by the Customer during the Order placement.
The Customer can choose the following forms of delivery for ordered Products:
1. via courier companies;
The Seller, on the Store's websites, in the Product description, informs the Customer about the number of Working Days needed to fulfill the Order and its delivery, as well as about the delivery fees for the Product.
The delivery and Order fulfillment time is counted in Working Days in accordance with point VII sub-point 2.
The Seller, according to the Customer's wishes, delivers along with the Product a receipt or a VAT invoice covering the delivered Products.
If different fulfillment periods are provided for the Products included in the Order, the longest period applies to the entire Order.

VII. Prices and payment methods

Product prices are given in Polish zlotys and include all components, including VAT, customs duties and other fees.
The Customer can choose the following payment methods:
1. bank transfer to the Seller's bank account (in this case, the Order fulfillment will begin after the Seller sends the Customer confirmation of acceptance of the Order, and the shipment will be made immediately after the funds are credited to the Seller's bank account and the Order is completed);
2. electronic payment (in this case, the Order fulfillment will begin after the Seller sends the Customer confirmation of acceptance of the Order and after the Seller receives information from the clearing agent's system about the payment made by the Customer, and the shipment will be made immediately after the Order is completed).
The Seller informs the Customer on the Store's websites about the deadline by which they are obliged to make payment for the Order. In the event of non-payment by the Customer within the period referred to in the preceding sentence, the Seller, after prior unsuccessful request for payment with a specified deadline, may withdraw from the Agreement on the basis of Article 491 of the Civil Code.

VIII. Right of withdrawal from the Agreement

A Customer who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient to send the statement before its expiry.
The Customer may formulate the statement independently or use the model statement of withdrawal from the Agreement, which constitutes Appendix No. 1 to the Regulations.
The 14-day period is counted from the day on which the Product was delivered or, in the case of a Service Agreement, from the day it was concluded.
The Seller, upon receipt of the statement of withdrawal from the Agreement by the Consumer, will send confirmation of receipt of the statement of withdrawal from the Agreement to the Consumer's e-mail address.
The Consumer's right to withdraw from the Agreement is excluded in the case of:
1. Agreement for the provision of services for which the Consumer is obliged to pay a price, if the Seller has fully performed the service with the explicit and prior consent of the Consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, they will lose the right to withdraw from the agreement, and accepted this;
2. Agreement in which the subject of the service is a non-prefabricated Product, manufactured according to the Consumer's specifications or serving to satisfy their individualized needs;
3. Agreement in which the subject of the service is Products which, after delivery, due to their nature, become inextricably linked with other items;
4. Agreement concluded through a public auction.
Other exceptions to the right of withdrawal from the agreement are indicated in Article 38 of the Consumer Rights Act.
In the event of withdrawal from a distance agreement, the Agreement is considered not concluded. What the parties have rendered is subject to return in an unchanged state, unless the change was necessary to ascertain the nature, characteristics and functionality of the Product. The return should take place immediately, no later than within 14 days. The purchased Product should be returned to the Seller's address.
The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, reimburse the Consumer for all payments made by them, including the costs of Product delivery. The Seller shall refund payments using the same payment method as used by the Consumer, unless the Consumer agrees to another method of return, provided that this method does not entail any cost for the Consumer. The Seller may withhold reimbursement of payments received from the Customer until the item is returned or the Customer provides proof of its return, whichever occurs first.
If the Consumer chose a method of Product delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by them.
The Customer bears only the direct cost of returning the Product.

Complaints regarding Products under warranty

The Seller undertakes to deliver a Product consistent with the Agreement.
The Seller is liable for non-conformity of the Product with the contract under the terms specified in the Consumer Rights Act towards a Customer who is a Consumer and a Customer who is a natural person concluding a Contract directly related to their business activity, when the content of this Contract indicates that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions of the Central Register and Information on Business Activity. The warranty for Entrepreneurs is excluded.
Complaints resulting from the violation of customer rights guaranteed by law or under these Regulations should be sent to ANNA SAMKOW Anna Samków, ul. Bagatela 10 lok.26, 00-585 Warsaw, to the email address: kontakt@annasamkow.com, phone number +48 604 090 963.
In order for the complaint to be considered, the Customer should send or deliver the advertised Product, if possible, attaching proof of purchase. The Product should be delivered or sent to the address indicated in point 3.
The Seller undertakes to consider each complaint within 14 days from the date of its receipt.
In the event of deficiencies in the complaint, the Seller shall promptly call the Customer to supplement it to the necessary extent, however, no later than within 7 days from the date of receipt of the call by the Customer.

Complaints regarding the provision of services by electronic means

The Customer may submit complaints to the Seller regarding the functioning of the Store and the use of Services. Complaints may be submitted in writing to the address: ANNA SAMKOW Anna Samków, ul. Bagatela 10 lok.26, 00-585 Warsaw, to the email address: kontakt@annasamkow.com, phone number +48 604 090 963.
In the complaint, the Customer should provide their name and surname, correspondence address, type and description of the problem.
The Seller undertakes to consider each complaint within 14 days from the date of its receipt. In the event of deficiencies in the complaint, the Seller shall call the Customer to supplement it to the necessary extent within 7 days from the date of receipt of the call by the Customer.

Out-of-court methods of dispute resolution and claim enforcement

A Customer who is a Consumer has, among others, the following possibilities to use out-of-court methods of resolving complaints and pursuing claims:
1. is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
2. is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller;
3. may obtain free assistance in resolving the dispute between the Customer and the Seller, also by using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers at the free consumer helpline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;
4. submit their complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/.

XII. Personal data protection

Personal data provided by Customers is collected and processed by the Seller in accordance with applicable law and with the Privacy Policy, which constitutes Appendix No. 2 to the Regulations.

XIII. Final provisions

All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, internet domain, Online Store website, as well as to forms and logos belong to the Seller, and their use may only take place in the manner specified and in accordance with the Regulations.
The resolution of any disputes arising between the Seller and the Customer, who is a Consumer, is subject to the courts competent in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
The resolution of any disputes arising between the Seller and the Customer, who is an Entrepreneur, is subject to the court competent for the Seller's registered office.
In matters not regulated by these Regulations, the provisions of the Civil Code, the Act on the provision of services by electronic means, the Consumer Rights Act, and other relevant provisions of Polish law shall apply.
Each Customer will be informed of any changes to these Regulations through information on the main page of the Online Store containing a list of changes and their effective date. Customers with an Account will additionally be informed of the changes, along with their summary, to the email address provided by them. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If a Customer with a Customer Account does not accept the new content of the Regulations, they are obliged to inform the Seller of this fact within 14 days from the date of notification of the change to the Regulations. Notification to the Seller of non-acceptance of the new content of the Regulations results in the termination of the Agreement.