STATUTE

RULES OF THE EMKAP ONLINE SHOP 1926

§1 DEFINITIONS
The terms used in the Regulations mean:

Client - a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.
Consumer - in accordance with art. 221 of the Civil Code means a natural person making a legal transaction with an entrepreneur not related directly to his business or professional activity.
Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
Newsletter - a service provided free of charge by electronic means, thanks to which the Customer may receive previously ordered messages from the Store Owner regarding the subject of the business, including information on special offers, promotions and other news regarding the operation of the Store.
Regulations - these Store regulations specifying the general terms of sale and the rules for the provision of electronic services.
Store - website available at www.emkap1926.co.uk, through which the Customer may place Orders.
Seller - Store owner - ab ovo Joanna Byrt, ul. Bruzdowa 140H, 02-991 Warsaw, NIP: 5252414241, REGON: 389518385, entered in the Central Register of Activities, email address: joanna.byrt@gmail.com
Goods - Products - all products offered in the Store.
Sales contract - a contract for the sale of Goods concluded between the Seller and the Customer.
Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
Order - Customer's declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the number and type of Goods.
Physical defect - a physical defect should be understood as any non-compliance of the item sold with the contract. In particular, the item is inconsistent with the contract if:
1. does not have properties that this kind of thing should have due to the purpose specified in the contract or resulting from the circumstances or destination;
2. does not have the properties that the seller has provided the buyer with, including presenting a sample or pattern;
3. it is not suitable for the purpose for which the buyer informed the seller when concluding the contract, and the seller did not raise any objections to such use;
4. was delivered to the Buyer incomplete.
Legal defect - a legal defect is understood as a situation in which the sold item is owned by a third party or if it is encumbered with the right of a third party, and also if the restriction in the use or disposal of the item results from a decision or judgment of a competent authority.

§2 GENERAL INFORMATION

The subject of the Regulations is the regulation of the terms of sale and functioning of the Store. These regulations are part of the contract concluded with the Seller.
These regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services (Journal of Laws of 2013, item 1422 as amended)
The online store at www.emkap1926.co.uk is run by ab ovo Joanna Byrt.
Using the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements: Internet access, web browser (e.g. Google Chrome, Mozilla Firefox, Opera, Apple Safari, Microsoft Edge), an active e-mail account electronic (e-mail), cookies enabled in the web browser and Javascript support.
In order to use the online store, the Customer should obtain access to a computer station or terminal device with Internet access on his own.
The condition for submitting an effective Order is to read and accept these Regulations.
The goods in the Store are marked in detail. The customer has access to information on the properties of the Goods, their sizes, prices and materials from which they were made.
All Goods offered in the Store are new.

§3 NEWSLETTER

The Seller provides an information service free of charge electronically to the e-mail address provided by the User in the form of Newsletters or notifications about changes in the availability of Products.
The newsletter contains information about the current offer of the Seller, including new Products and current promotions, or other news regarding the operation of the Store.
The notification about the change in the availability of the Products contains information about the change in the availability of the Store's assortment.
The Newsletter service is provided for an indefinite period.
Each Newsletter addressed to Customers includes: information about the sender of the Newsletter, a completed "subject" field specifying the content of the Newsletter and information about the possibility and method of unsubscribing from the Newsletter service.
The Newsletter service can be used by any customer who enters his e-mail address, using the registration form provided by the Seller on the Store's website. Upon sending the completed registration form by the Customer, an agreement for the provision of the Newsletter service by electronic means is concluded.
The customer may at any time opt out of receiving the Newsletter by unsubscribing via the link provided in each e-mail sent as part of the Newsletter service.
Providing personal data by the Customer is voluntary. Failure to provide personal data by the Customer may, however, prevent the Seller from providing the service. The seller is not responsible for providing false personal data by the customer.

§4 REGISTRATION IN THE ONLINE STORE

Upon registration in the Emkap 1926 Store, a Customer account is created.
In order to register in the Store (set up a Customer account), on the Store's website, select the "Registration" option, and then enter your name, surname, e-mail address, password and accept the Regulations and the Privacy Policy.
By registering, the Customer concludes a contract with the Store Owner for the provision of electronic services, the subject of which is the maintenance of the Customer's account in the Store by ab ovo Joanna Byrt.
After registration to the e-mail address provided by the customer, an e-mail with registration confirmation and a link to the store is sent
After clicking on the link, the customer will be redirected to the Emkap 1926 website and automatically logged in to the customer panel. The customer can supplement additional information by entering his address and telephone number.
Providing personal data by the Customer is voluntary. Failure to provide personal data by the Customer may, however, prevent the Seller from providing the service. The seller is not responsible for providing false personal data by the customer.
Registration in the Store and using the Store's functions is free of charge.
Creating a Customer account is not tantamount to placing an order in the Online Store. The conditions for placing orders are contained in § 4 of the Regulations.
After registering in the Store, each login by the Customer takes place using the e-mail address and password indicated in the registration form.
A customer who has registered an account may use all available functions of the Store, including placing orders for Products available in the Store's assortment, monitoring the status of their Orders, viewing order history, changing their personal data, changing the password and deleting the account.
Emkap 1926 may deprive the Customer of the right to use the Online Store, as well as limit his access to some or all of the Store's resources, with immediate effect, in the event of a breach by the Customer of the Regulations, in particular when the Customer:
1. provided during registration in the Online Store data that is untrue, inaccurate or out of date, misleading or violating the rights of third parties;
2. violated the personal rights of third parties via the Online Store, in particular the personal rights of other customers of the Online Store;
3. commits other behaviors that will be considered by Emkap 1926 as inconsistent with applicable law or general principles of using the Internet or harming the good name of Emkap 1926.
Depriving the Customer of the right to use the Online Store, it is associated with the inability to re-register without the consent of the Seller.
In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent on the Internet by unauthorized persons.
The contract for the provision of electronic services, referred to in § 3 paragraph 5, may be terminated by the registered Customer at any time or by the Seller in the event of termination of the Seller's provision of services covered by the contract by e-mail sent to the address provided by the Customer during registration.

§5 CONCLUSION OF THE SALES CONTRACT

The Customer may conclude a Sales Agreement by placing an Order on the Store's website.
Orders can be placed around the clock, on all days of the week. Orders placed on non-working days will be processed on the first business day following the day on which the Order was placed.
The condition for placing an Order is providing the Customer's data necessary for the delivery of the Goods and generating the invoice on the Store's website.
In order to place an Order, go to the Store's website and select the Goods available in the Store by adding to the "Cart" or clicking the "Buy now" button, then register in the Store or log in to the Customer's account. The Customer may also register or log in to the Store before adding the Goods to the "Cart".
The customer may also place an order without registration, after providing the necessary data necessary to process the order.
When placing an Order, the Customer should choose the size, quantity and sometimes the colour of the ordered Goods.
The information on the Store's website does not constitute an offer within the meaning of the Civil Code. By placing an Order, the Customer submits an invitation to conclude a purchase contract for a specific Good in accordance with art. 71 of the Civil Code.
Until the placed Order is confirmed, the Customer may modify the entered data and selected Goods. To do this, follow the information and messages displayed on the website.
After providing all available data on the Store's website, a summary of the placed Order will be displayed, which will include, among others the size, quantity and description of the Goods, price and other costs clearly stated on the Store's website.
In order to successfully place an Order, it is necessary to accept the Regulations, provide personal data necessary to perform the Order and, after selecting the payment, press the "Order and pay" button.
After placing the Order, a message is sent to the e-mail address provided by the Customer, confirming the submission of the Order and the content of the order.
The summary of the placed Order will contain information on:
1. the subject of the contract; size, quantity and colour
2. unit price and total price of ordered products or services, including delivery costs and additional costs (if any);
3. selected payment method;
4. selected delivery method.
Each submission of an Order in the Store entails an obligation to pay.
As soon as the Store confirms the acceptance of the placed Order for execution, the Contract for the sale of the ordered Goods is concluded. The confirmation takes the form of a message to the Customer's e-mail address. Subsequently, the Customer is sent current information about the course and execution of the Order.
Emkap 1926 has the right to refuse to execute an order under the Sales Agreement if the data provided by the Customer raises reasonable doubts as to its truthfulness; it is not possible to contact the customer based on the data provided by him; The customer will act unlawfully in connection with the submission and implementation of the Order; there will be no payment authorization in the electronic payment system selected during the Order, or the Customer will not make the payment in a timely manner, i.e. no later than within 7 days from the date of placing the Order.
The Customer has the right to withdraw from the Order before receiving from the Store a confirmation of accepting the placed Order for execution. For this purpose, the Customer should immediately contact the Store via e-mail and inform about the resignation from the Order.
The order is carried out by the Store, if possible, immediately, but as we sew products from goose down to the customer's order, the order is processed within maximum of 7 days from the moment Emkap 1926 receives full payment for the Product or - in the case of payments handled by the payment processor electronic, i.e. - after receiving confirmation by such entity that the full payment has been correctly made by the Customer. The exact date of shipment of the product is each time indicated after accepting the order via e-mail.
The time of order fulfillment is the time from the receipt of the payment to the moment of delivering the package to the courier.
The sales contract is concluded in English, with the content in accordance with these Regulations.
Consolidation, protection and sharing of the Order data and the Regulations takes place via e-mail.

§6 DELIVERY AND COLLECTION

The Products are delivered to The United Kingdom.

Information on the total value of the Order, including the fees for the Delivery of the Goods, is displayed after the Customer selects the form of delivery of the order on the Store's website.
The delivery of the Goods ordered in the Online Store to the address indicated by the Customer takes place by the UPS courier. The Store does not offer personal pickup of the Ordered Goods.
Delivery costs are calculated after adding the Products to the basket.
The delivery of the Goods takes place only after the Customer pays the selling price of the ordered Goods and the delivery costs.
If the delivery is not possible by the delivery method chosen by the Customer, he will be informed about it by phone or e-mail.
Buyers are advised to always check if the delivered parcel was not damaged during the transportation.
In case there is a damage to the parcel, Buyer should not accept it from the carrier, complete the shipping damage report and contact Emkap 1926 to resolve the issue.

§7 PRICE AND PAYMENTS

The prices are given in GBP and are gross prices (including VAT). Shipping costs are given separately.
The Seller reserves the right to change the prices of the Goods, change the offer of the Goods available in the Store, carry out and cancel promotional campaigns in the Store. However, for the Customer who placed the Order before the change of the price of the Goods in the Store, the prices valid at the time of placing the Order are binding.
The customer chooses the method of payment for the ordered goods.
Payments are safely handled by PAYNOW Payment Integrator (mElements S.A.) based in Warsaw (00-850), Prosta 18 Street, KRS: 0000590484, NIP: 5223047892.
The entity providing online card payment services is Blue Media S.A., based in Sopot (81-718), Powstańców Warszawy6 Street, KRS: 0000320590, NIP: 5851351185.

§8 GIFT CARD

The gift card entitles you to make one-time purchase of products in the online store www.emkap1926.cuk
The gift card is valid 3 months from the date of purchase.
The code should be entered in the "enter the code" field at the stage of finalizing the order: at the basket level or at the level of the delivery data entry page (at the top of the page).
If you choose products with a value higher than the value of the Gift Card, the buyer is obliged to cover the difference.
Selecting products with a value lower than the value of the Gift Card does not entitle to a refund of the resulting difference.
One or more gift cards can be used per order.
It is not possible to exchange a gift card for cash.
If you have additional questions or doubts, please contact: co.uk or call +48504486427 (on weekdays from 9:30 to 18:00).

§9 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

The Customer who is a Consumer residing in the United Kingdom has the right, without giving any reason, to withdraw from a contract within 14 days from the date on which the Consumer took physical possession of the goods or on which a third party other than the carrier and indicated by the Consumer took physical possession of the goods.
The right to withdraw from the contract does not apply to made to order products.
Effective withdrawal from a contract requires completing the withdrawal form (a template for download is available here) and sending it together with the returned Goods to the following address:

Emkap 1926
Gołębia 5
61-834 Poznań, Poland
In the event of withdrawal from the contract, the contract is considered void. Parties shall return everything that they have thus far provided under the contract.
In the event of withdrawal from the contract, the Consumer shall be obliged to return the goods, as indicated in the contract, in an unchanged form, with no signs of use, and in the original packaging.
In the event of withdrawal from the contract, the Consumer shall bear all direct return costs. When returning the order the Buyer is responsible for any customs or taxes linked with importing the item back in to the EU. This should be marked by the Buyer with the shipping company. Any requests from shipping companies to cover taxes, customs, etc. are automatically rejected by ab ovo Joanna Byrt.
Cash on delivery return shall not be accepted by the Store.
Upon receipt of the returned Product together with a statement of withdrawal from the contract, ab ovo Joanna Byrt shall immediately, and not later than within 14 days from the receipt, return to the Consumer all payments made by them, including the delivery costs to United Kingdom. However, if the Consumer has chosen a method of delivery other than the ordinary delivery offered by the Seller, the Seller shall not be obliged to refund the additional costs incurred by the Consumer. In case of a refund for a transaction paid by card, the seller will make the refund to the bank account assigned to the payment card of the ordering party. The decision on the reimbursement method is always on the Seller
The provisions of this paragraph do not apply to Customers who are not Consumers. In their case, the right to withdraw from a contract is absolutely excluded.

§10 CLAIMS (LIABILITY FOR DEFECTS, WARRANTY, COMPLAINTS)

The Seller is liable under the warranty for physical or legal defects of the Product sold under the terms of the Civil Code, in particular in art. 556 and art. 556 [1] - 556 [3] and subsequent of the Civil Code.
In the event of a product defect, the Buyer is entitled to file a complaint.
To make a complaint, please fill in Complaint form, securely pack the advertised product with the completed complaint form and the attached proof of purchase - invoice andsend backparcel to the following address: Manufaktura Emkap 1926, ul. Gołębia 5, 61-834 Poznań
In the event of a justified complaint - the damaged goods will be immediately repaired or replaced with another - full value and sent at the expense of the Store, and if it is not possible, we will refund the product price plus the cost of the cheapest possible delivery.
We do not accept "cash on delivery" parcels.
The customer cannot withdraw from the contract if the defect is irrelevant.
The Seller will respond to the Customer's complaint within 14 calendar days. Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint justified.
If the Customer finds that the Goods have been damaged in transport, the Customer is obliged to draw up a damage report in the presence of the courier. Complaints arising from damage to the Product during transport will be considered on the basis of the damage report prepared by the Customer and the courier.
In the case of a Sales Agreement concluded with a Customer who is not also a Consumer, pursuant to art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for defects in the Goods is excluded. This exclusion is ineffective if the Seller has fraudulently concealed the defect.

§11 COMPLAINTS REGARDING THE PROVISION OF SERVICES BY ELECTRONIC MEANS

Ab ovo Joanna Byrt takes steps to ensure that the Store operates properly, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by customers within a reasonable time.
The Customer is obliged to immediately notify the Store about any irregularities or interruptions in the functioning of the Online Store website.
Irregularities related to the functioning of the Store may be reported by the Customer to the e-mail address hello@emkap1926.com
In the complaint, the Customer should provide his name and surname, correspondence address, type and date of irregularities related to the functioning of the Store.
The store undertakes to consider each complaint within 14 days. Failure to consider the complaint within the above-mentioned period means that it is considered justified.

§12 DISPUTE SETTLEMENT

The customer who is a consumer may use extrajudicial means of dealing with complaints and redress. The consumer may, inter alia, turn to:
1. provincial inspector of the Trade Inspection to initiate mediation proceedings for the amicable settlement of the dispute;
2. an amicable consumer court at the Trade Inspection with a request to settle disputes arising from the concluded Sales Agreement;
3. a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection in order to obtain free legal assistance in resolving disputes arising from the concluded Sales Agreement.
The consumer may also use other methods of out-of-court dispute resolution and, for example, submit a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/
If the Consumer does not express the will to use out-of-court dispute resolution, the settlement of any disputes arising between Emkap 1926 and the Consumer will be submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
Settlement of any disputes arising between Emkap 1926 and the Customer, who is not also a Consumer, will be submitted to the court having jurisdiction over the seat of ab ovo Joanna Byrt.
In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other generally applicable relevant provisions of Polish law shall apply.

§13 FINAL PROVISIONS

Emkap 1926 reserves the right to change the Regulations for important reasons, i.e. changes in the law and changes in payment and delivery methods. Information about changes to the Regulations will be posted on the Store's website. Customers will be informed about the amendment to the Regulations and about the possibility of its acceptance when logging in to the Customer's account for the first time, from the date of entry into force of the updated Regulations.
Refusal to accept the regulations is tantamount to termination of the contract for the provision of electronic services.
Orders placed before the date of amendment to the Regulations will be implemented on the terms set out in the Regulations in the wording before the changes are introduced.
In case of any doubts related to the content of the Regulations, the Seller shall provide all information at the following e-mail address: hello@emkap1926.com
In matters not covered by these Regulations, the provisions of the Civil Code and special acts shall apply, in particular the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827)
If one of the provisions of these Regulations is considered invalid or impossible to implement under a final court decision, the remaining provisions will be valid and will remain in force.