TERMS AND CONDITIONS of THE ONLINE STORE AND BLOG Holy Alpaca Knit

The store operating under address holyalacaknit.pl and holyalpacaknit.com runs online retailing of handicrafts. The owner of the store is Anna Ziolkowska, Holy Alpaca Knit, ul. Lawendowa 4, 05-077 Warsaw, subject to non-statutory economic activity.

The store conducts mail order sales to many countries around the world.

Contact with the seller is possible under address: Anna Ziolkowska, Holy Alpaca Knit, ul. Tamka 16/46 (only by correspondence), e-mail: kontakt@holyalpacaknit.pl, as well as via live chat on the Website and a contact form. The contact is possible between 9am and 5pm from Monday to Friday, excluding statutory holidays and days, about which the Seller will inform in advance on the Website. Outside of business hours, there is an extended response time by the Seller.

Table of contents of the Regulations:

1. Definitions
2. Introductory regulations
3. The rules of using the Store and the Website
4. Commenting rules
5. Ordering rules and order fulfillment
6. Time of order fulfillment
7. Products, returns and liability for defects
8. Kinds and time of delivery, exemption from fees and payments
9. Personal data and cookies – an excerpt
10. Out-of-court redress
11. Final decisions

§ 1 Definitions

1. A Consumer – a physical person making a purchase at Holy Alpaca Knit Online Store in order to consume and satisfy their own needs;
2. A Shop – online store operating at holyalpacaknit.pl and holyalpacaknit.com;
3. A Website – website holyalpacaknit.pl and holyalpacaknit.com, which includes Store and Blog;
4. A Blog – a sub-page of the Website with thematic posts;
5. A User – any person entering the Website;
6. A Commenting person – the User leaving an opinion or comment on the Website;
7. A Product – ready product put up for sale visible on the Website.
8. A Product on order – A product that does not have to be in stock, because it is performed only after placing a personalized order by a Consumer.
9. A Featured product – A product especially promoted on the Website.
10. A Seller – store owner, Anna Ziółkowska;
11. A Website Administrator – Anna Ziółkowska;
12. Regulations – a set of rights and obligations of the Consumer and the Seller.

§ 2 Introductory regulations

1. The seller conducts retail handicrafts through the Store. All products are new.
2. The Regulations define the rules of store operations, account registration, purchase, payment, complaints and refunds. It also defines the rules of leaving comments (concerns the Blog and opinions about Products) and quotes the Privacy policy and cookies.
3. Regulations are an integral part of the contract, concluded by the Consumer with the Seller after clicking the “buy and pay” button in the “summary” section. Each Consumer is obliged to read the Regulations and accept it for purchase.

§ 3 The rules of using the Store and the Website

1. For proper use of the Website, the User needs a device with access to the Internet: a computer, a tablet, a telephone.
2. To place an order, the User, in addition to fulfilling § 3.1, needs to have an active e-mail account and bank account.

§ 4 Principles of commenting

1. In order to leave a comment or opinion, the Commenting Party is obliged to accept the Privacy Policy, the necessary consents and compliance with these Terms and Conditions.
2. Comments and opinions should be written in accordance with the applicable social norms, i.e. do not include profanity, spam or hate content. Otherwise, the Commenting Party will be banned, i.e. the User’s right to leave opinions and comments will be revoked.
3. Comments appear on the Website only after approval by the Website Administrator, however, without unnecessary moderation, because by assumption opinions of Users and Consumers issued on the subject of Products and Store should be consistent with the real state, and their comments refer to the subject of blog entry. Otherwise, comments or reviews may not be posted.

§ 5 Ordering rules and order fulfillment

1. The consumer may purchase the product, having met the following requirements:
   1.1. by selecting the quantity and, if appropriate, the color of the Product;
   1.2. if the Consumer decides on the color of the Product upon order, he is asked to add a comment to the order or contact the Store;
   1.3. adding the product to the basket;
   1.4. by going to the shopping cart via the “summary” or “view basket” in the upper right corner of the Website or in the sidebar of the Shop;
   1.5. choosing the shipping method;
   1.6. clicking “summary”;
   1.7. entering all personal data marked as required, including the shipping address, telephone number, email and any comments;
   1.8. choosing the payment method;
   1.9. reading and accepting the Terms and Conditions;
   1.10. by pressing the “buy and pay” button.
2. Clicking the “I buy and pay” button is means a sales contract; placing an order by the Consumer is also confirmed by e-mail, sent to the e-mail address indicated when placing the order.
3. From the moment of receiving the email confirming the order placement, the Customer is obliged to pay for the order or to withdraw from it, immediately informingthe Seller about the resignation.
4. The seller waits 3 business days for the payment, and after making it begins to realization of the order. During this time, the Seller may not sell this Product to another Consumer.
5. The lack of payment in the above period means resignation from the purchase by the Consumer.
6. After making the payment, the Consumer will receive a confirmation “Order in progress” sent electronically to his email address. Access to the order and bank account number for payment by transfer is displayed on the ordering page as well, and is available after logging in to the customer’s account.
7. When the parcel is sent, the Consumer receives an email notification “Order completed”.
8. If the order is returned, the Consumer receives an email notification “Order returned”.
9. If the order is canceled, the Consumer receives an email notification “Order canceled”.
10. The Consumer may send a request for the Product to be made to order, if the Product is marked as “Product to order”. If indicated, the Customer is required to provide the name of the selected product color on the order.
11. Products made to order, made according to the client’s wishes regarding color / size / material / performance / etc. are not returnable, refundable or exchangeable (more in § 7).
12. In order to make a purchase, the User does not need to register, but the registration is recommended for the purpose of monitoring the ordering process on an ongoing basis and for accessing the history of his orders.

§ 6 Time of order fulfillment

1. The seller proceeds to the fulfillment of an order from the moment of receiving a receipt of a payment on his account.
2. Order fulfillment time is prolonged by the delivery time which depends on the country and delivery company.
3. If the product is in stock, the shipment takes place within 1-2 business days from the date of payment. Most shipments are broadcast on the same day.
4. If the product is made to order or on an individual order, the time of its delivery is prolonged. The delivery times for individual Products are given in the descriptions of the products on the Site, however they generally between 7-14 business days.
5. For the reasons beyond the Seller’s control, the time of delivery may be prolonged, for example as a result of the supplier’s lack of intermediates. The Seller will promptly inform the Consumer about the situation, asking for permission to extend the delivery time or as a result of the lack of such consent, she will cancel the order and return its cost to the Consumer.

§ 7 Products, returns and liability for defects

1. All prices listed on the Website are gross prices.
2. All products are new, hand-made by the Seller, using crochet or wire. Elements manufactured in a different way are furniture elements, such as upholstery foam, wood and upholstery.
3. The Seller points out that through the fact of manual execution of the Products and various skein dyes from which the Products are made, each of them, within a given Product, may vary slightly in size and color.
4. Seller tries to best reflect the actual color of the product in the pictures, while its shades may vary depending on the monitor and the device of the User. No white / natural wool is optically white due to the natural shade of the fiber coming into the ecru. The consumer can not claim on the basis of this point.
5. All products purchased in the store should be carefully handled in accordance with the instructions attached to each of them and available at: https://holyalpacaknit.pl/przykladowa-strona/, bearing in mind that products made by hand may be less durable than mass / machine-made products, e.g. pilling and stretching.
6. The Consumer may lodge a complaint if the purchased Product has defects on the part of the Seller and not resulting from use by the Consumer. The Consumer should immediately inform the Seller about the situation and, after consulting with him, return the Product at the Seller’s cost to the following address: Holy Alpaca Knit, Anna Ziółkowska, ul. Tamka 16/46, 00-349 Warsaw.
7. The Consumer has the right to return or exchange the Product within 14 business days of receiving the parcel, with the exception of Products on order, made in accordance with the Client’s wishes regarding color / size / material / performance / etc.
8. Returned goods can not be damaged, dirty or have any signs of wearing.
9. The Customer should inform the Seller about the planned return or exchange before making it. Shipment with return and exchange takes place at the expense of the Consumer and must take place through registered mailing. The customer does not receive a refund of shipping costs in any direction. Return address and exchange address: Holy Alpaca Knit, Anna Ziółkowska, ul. Tamka 16/46, 00-349 Warsaw.

§ 8 Kinds and time of delivery, exemption from fees and payments

1. When placing an order, the Consumer has the option to choose the following carriers:
   1.1 In Poland:
   1.1.1 InPost Parcel Lockers – standard shipping cost up to 5 kg: 12 PLN; The consumer is entitled to a free delivery when buying over PLN 398;
   1.1.2 DHL Standard – standard shipping cost up to 5 kg: PLN 16.50; The consumer is entitled to a free delivery when buying over PLN 398;
   1.1.3 UPS Standard – standard shipping cost up to 5 kg: PLN 19
   FedEx – standard shipping cost up to 5 kg: 17 PLN
   1.1.4 TNT Express (premium) – standard shipping cost up to 5 kg: 18.50 PLN.
   1.2 To Germany:
   1.2.1 aPaczka Germany – standard shipping cost up to 5 kg: 37 PLN/8 euro;
   1.2.2.TNT Economy Express – standard shipping cost up to 5 kg: PLN 65/ 15 euro;
   1.2.3 UPS Standard – standard shipping cost up to 5 kg: PLN 76/ 18 euro.
   1.3. To Great Britain, France and Spain:
   1.3.1. TNT Economy Express – standard shipping cost up to 5 kg: PLN 68/ 16 euro/ 14 GBP.
   1.4 To the Czech Republic, Slovakia, the Netherlands, Belgium and Luxembourg:
   1.4.1 GLS – standard shipping cost up to 5 kg: PLN 59/ 14 euro.
   1.5 To Lithuania, Bulgaria, Slovenia and Hungary:
   1.5.1 GLS – standard shipping cost up to 5 kg: PLN 69/ 16 euro.
   1.6 To Estonia, Finland, Greece, Latvia, Ireland, Portugal, Sweden and Italy:
   1.6.1 TNT Economy Express – standard shipping cost up to 5 kg: 89 PLN/ 21 euro.
   1.7 To Norway, Belarus, Russia, Switzerland and Ukraine:
   1.7.1 TNT Economy Express – standard shipping cost up to 5 kg: PLN 128/ 3o euro.
   1.8 To Canada and the United States:
   1.8.1. TNT Economy Express – standard shipping cost up to 5 kg: PLN 230/ $65 US.
   1.9 To Australia:
   1.9.1 TNT Economy Express – standard shipping cost up to 5 kg: PLN 260/ $73 US;
   1.10 To Japan, China, Thailand, India, South Korea, Singapore and Hong Kong:
   1.10.1 UPS Express Saver – standard shipping cost up to 5 kg: PLN 210/ $59 US.
2.  Payments can be made via:
   2.1 Using PayPal – the Consumer must have an account at PayPal;
   2.2 By direct bank transfer to the seller’s account: 98 1140 2004 0000 3802 7796 6936 (account at mBank), IBAN: PL98 1140 2004 0000 3802 7796 6936, BIC: BREXPLPWMBK.
3.  Shipments to Poland carried out by couriers are delivered within 1-2 business days from the date of posting.
4. Shipments to Poland made to the parcel machine (Paczkomat) are delivered within 2-4 business days from the day of posting.
5. Shipments to other countries carried out by couriers are delivered within 2-4 business days from the day of shipment by air.

§ 8. Personal data and cookies – extract from the Holy Alpaca Knit Privacy Policy. The entire text is available at: https://holyalpacaknit.pl/polityka-prywatnosci/

1. (…) Each User of the Website whose data is processed has the right to:
   1.1. access to their personal data (Article 15 of the RODO);
   1.2. correcting their personal data (Article 16 of the RODO);
   1.3. restricting the processing of their personal data (Article 18 of the RODO);
   1.4. the right to object to the processing of their personal data (Article 19 of the RODO);
   1.5. deletion of their personal data (Article 17 of the RODO);
   1.6. transfer of their personal data (Article 20 of the RODO).
2. The above-mentioned rights will be enforced after sending by the User an appropriate request to the Administrator at the e-mail address: admin@holyalpacaknit.pl.
3. The Administrator will act in accordance with the User’s request, unless there is a legal basis for the processing of personal data, which the User has referred to.
4. The User also has the right to lodge a complaint to the President of the Office for Personal Data Protection in case of irregularities in the processing of his personal data by the Administrator (…).
5. The Website uses so-called Cookies, mainly small text files, saved and stored on the User’s end device.
6. Cookies allow us to recognize the User’s device and display the Website in a manner tailored to its preferences. They usually contain a domain name, unique number and storage time on the end device.
7. Cookies on the Website are mainly used to create anonymous statistics that improve the functionality of the site.
8. Cookies are divided into:
   1. Session cookies – removed from the end device after turning off the computer or ending the browser session;
   2. Persistent cookies – stored on the end device of the User until they are deleted by the User or their expiration.
9. The User has the right to disable Cookies within his browser. Each browser has its own settings regarding Cookies. In order to disable Cookies, the User may download the instructions regarding the browser he uses at the following link: http://www.allaboutcookies.org/manage-cookies/
10. Blocking Cookie files by the User may lead to incorrect display of the Website (…).

§ 10 Out-of-court redress

1 The consumer may use non-judicial means of pursuing claims and examining complaints:
1.1 The consumer can apply to a permanent amicable consumer court with a request to settle the dispute arising from the concluded sales contract
1.2 The consumer may use the help of a poviat (municipal) consumer rights advocate or social organization, whose statutory tasks include consumer protection.

2. Detailed information on this subject is available at: http://www.uokik.gov.pl.

3. The consumer can also use the OD platform: http://ec.europa.eu/consumers/odr. The platform serves the purpose of settling disputes between consumers and entrepreneurs striving for out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.

§ 11 Final decisions

1. The regulations may change at any time.
2. Date of last update: 24/09/2018
3. Questions related to the Regulations can be directed to the e-mail address: admin@holyalpacaknit.pl.