§ 1. Definitions

1. Postal address – name, surname or name of an institution, location within the municipality (in case of municipality divided by streets: street, house number, apartment number or commercial space; in case of municipality undivided by streets: municipality name and number of the property), postcode and name of the municipality.

2. Complaint address: Agnieszka Łochocka, My Signature, ul. Lirowa 42, 02-378 Warszawa

3. Delivery price list – found under the following address: https://my-signature.eu/pl/content/9-dostawa-platnosci, provides a breakdown of available delivery service types and their respective costs.

4. Contact information: Agnieszka Łochocka My Signature, ul. Lirowa 42 02-387 Warszawa, e-mail: [email protected]

5. Delivery – type of transport service with specification of the carrier and the cost, referenced in the delivery price list found under the address: https://my-signature.eu/pl/content/9-dostawa-platnosci

6. Proof of purchase – invoice, bill or receipt issued in accordance with the Act on tax on goods and services of 11 March 2004 and all subsequent changes and due rules of law.

7. Product Card – single sub-page of the shop including information of a single product.

8. Client – natural person of legal age, possessing the capacity to perform acts in law, legal entity or organizational division not possessing legal personality, but possessing the capacity
to perform acts of law, making a purchase by the Seller related directly to the business
or professional activity.

9. Civil code – Civil code act of 23 April 1964 and all subsequent changes.

10. Code of Good Practices – an assemblage of rules of conduct, specifically of the ethical and professional norms, which are referred to in article 2, point 5 of the Act on preventing unfair market practices of 23 August 2017 and all subsequent changes.

11. Consumer – natural person of legal age, possessing full capacity to perform acts of law, making by the Seller a purchase unrelated directly with his/her professional or business activity.

12. Cart – list of products assembled from the products offered in the shop, basing on Buyers choices.

13. Buyer – both the Consumer and the Client.

14. Place of item’s issue – postal address or collection point indicated in the order by the Buyer.

15. Time of issue of the item – moment, in which the Buyer or a third-person indicated by him/her, takes the item in possession.

16. Internet ODR platform – an online platform set up by the European Union on the basis of the (EU) Regulation No 524/2013 of the European Parliament and of the Council Of 21 May 2013 on online dispute resolution system for consumer disputes and amending Regulation (EC) Np 2006/2004 and Directive 2009/22/EC and available under the: https://webgate.ec.europa.eu/odr address.

17. Payment – method of making a payment for the subject of a contract and its delivery, referenced under: https://my-signature.eu/pl/content/9-dostawa-platnosci

18. Legal subject – subject entitled to extrajudicial resolution of consumer disputes according to the understanding of the Act on extrajudicial consumer dispute resolution of 23 September 2016 and all subsequent changes.

19. Consumer Law – Act on rights of the consumer of 30 May 2014.

20. Product – a minimal and undivided number of things, which can be a subject of an order, and which is indicated in Sellers shop as the unit of measure used to establish its price (price/unit).

21. Subject of contract – products and delivery, being the subject of the contract.

22. Subject of service – subject of contract.

23. Collection point – point of issue of the item, which is not a postal address, indicated in the list shared by the Seller in the shop.

24. OCCP Registry – a registry of entitled subjects carried out by the Polish Office of Competition and Consumer Protection on the basis of the act on extrajudicial resolution of consumer disputes of 23 September 2016 and al subsequent changes, and available at the address: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php

25. Item – a movable item, that could be, or is, the subject of a contract.

26. Shop – internet service available at the my-signature.eu, through which the Buyer can place his/her order.

27. Seller: Agnieszka Łochocka My Signature, ul. Lirowa 42 02-387 Warszawa, NIP 6811997473, REGON 363959827

28. System – an assemblage of cooperating with each other electronic devices and software, which ensure the processing and storage, as well as sending and receiving data through telecommunication networks with the help of the end device suited for the respective kind of network, commonly referred to as the Internet.

29. Date of completion – indicated on the product card number of hours or working days.

30. Contract – a contract concluded outside of the businessman’s local or on distance according to the understanding of the Act on consumer rights of 30 May 2004 in the case of Consumers and contract of sale according to the understanding of article 535 of the Act civil code of 23 April 1964 in the case of Buyers.

31. Defect – both the physical and legal defect.

32. Physical defect – incompatibility of the item sold with the contract, specifically if the item:

   * does not have the attributes, which the item of this king should have due to the purpose specified in the contract or implied by the circumstances or application;

   * does not have the attributes, that the Seller assured the Consumer of;

   * is unfit for the application, of which the Consumer informed the Seller upon concluding the contract, to which Seller did not object to;

   * was issued to the Consumer in an incomplete state;

   * in case of its incorrect installation and launch, if these actions had been performed by the Seller or a third-person, for whose action the Seller is liable, or by the Consumer, who followed according to the instructions received from the Seller;

   * it does not have the attributes, that the producer, its representative or the person, who markets the item as his/her business activity, or the person who by applying its name, trademark or any other distinguishable mark introduces itself as the producer, assured of, unless the Seller did not know of these assurances, and, by reasonably judging, could not know of them or could not have had the influence on Consumers decision to conclude this contract, or when its contents had been corrected prior to the conclusion of the contract.

33. Legal defect – situation in which the item sold is a property of a third-person or is encumbered with the right of third-person, or if the restriction of application or management of the item stems from the decision or ruling of the competent authority.

34. Order - declaration of will of the Buyer submitted through the shop and unambiguously specifying the: kind and number of products; type of delivery; payment form; place of item’s issue; Buyer’s data and directly aiming to conclude the contract between Buyer and Seller.

§ 2. General terms and conditions

1. The contract is concluded in Polish language, in accordance with Polish law and these regulations.

2. Location of item’s issue must be located on the territory of the Republic of Poland.

3. Seller is obliged and obliges to provide services and deliver items free of defects.

4. All prices indicated by the Seller are expressed in Polish prices and represent gross prices (including VAT tax)/ Prices of products do not include the cost of delivery, which is specified in the delivery price list. All dates are established in accordance with article 111

5. Meaning the date marked in days ends with the passage of the last day, if beginning of the date defined in days is a certain event, the day this event occurred is not taken into consideration in establishing the date.

6. Confirmation, release, preservation, safeguarding all relevant decisions of the contract for the purpose of obtaining access to this information in the future ensues in the form of

   * confirmation of the order by sending on indicated e-mail address: the order, proforma invoice, information about the right to withdraw from the contact, these regulations in .pdf format, template of contract withdrawal form in .pdf file, links for independent download of regulations and template of contract withdrawal form;

   * inclusion to the realised, sent to the location of issue of the item, order printed items: proof of purchase, these regulations, template of the contract withdrawal form.

7. Seller informs of the guarantees made by third-persons to the products found in the shop, that he is aware of.

8. Seller does not apply any fees for communication with him through the means of long-distance communication, and Buyer will cover its costs in the amount stemming from the contract he/she concluded with the third-person providing Buyer with the specified service allowing the long-distance communication.

9. Seller provides to Buyer using the system, correctness of shop’s operation on the following internet browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest installed JAVA and FLASH versions, on screens of horizontal resolution above 1024 px. Use of third-companies’ software influencing the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may influence the correct display of shop, which is why to gain access to the full functionality of my-signature.eu shop, all of them must be turned off.

10. Buyer may use the option to remember his/her data by the shop for the purpose of making the process of submitting next order easier. For this purpose, Buyer should indicate his/her login and password, essential to access his/her account. Login and password are rows of signs set by the Buyer, who has the responsibility to keep them in secret and to protect them from unauthorized access of third-persons. Buyer has at any time the possibility to browse, correct, update his/her data and to delete his/her account within the shop.

11. Seller applies to the Code of Good Practices.

12. Buyer is obliged to:

* to not deliver and spread content prohibited by the acts of law, e.g. content promoting violence, defaming or violating personal goods and rights of third-persons,

* to use the shop in a way, which does not interfere with its functioning, specifically by using the means of certain software or devices,

* to not take up activities such as: spreading or posting within the auspices of shop unordered advertising information (spam)

* to not use the shop in a manner, that would be troublesome to other Buyers and to Seller,

* to use all content released within the shop only for the purposes of personal use,

* to use the shop in accordance to the regulations in force on the territory of the Republic of Poland, resolutions of these regulations and the common rules of netiquette.

§ 3. Conclusion of a contract and its implementation

1. Orders can be placed 24 hours per day.

2. To place an order Buyer should at least complete following actions, part of which can be repeated multiple times:

   * add product to the cart;

   * choose type of delivery;

   * choose form of payment;

   * select the location of item’s issue;

   * placing an order in shop through the use the button “Order with the obligation of payment’

3. Conclusion of contract with Consumer occurs with the moment of placing the order.

4. Implementation of Consumer’s order payable upon delivery commences immediately, and orders payable with bank transfer or through the system of electronic payments commence after booking Consumer’s remittance on Seller’s account, which should occur within 30 days from placing the order, unless the Consumer was not able to fulfil the obligation not due to his/her fault and informed Seller about it.

5. Conclusion of contract with Client occurs in the moment of acceptance of the order by Seller, about which he informs the Client within the 48 hours from the moment of order’s submission.

6. Implementation of Clients order payable upon delivery occurs immediately upon conclusion of the contract, and orders payable with bank transfer or through a system of electronic payments, upon conclusion of the contract and booking Client’s remittance on Seller’s account.

7. Implementation of Client’s order may depend on making the entirety, or a part of, the order’s value or from acquiring a limit of trade credit worth at least the value of the order or Seller’s permission to ship the order payable upon delivery.

8. Shipping subject of a contract occurs within the time frame established on product’s card, and for orders composing of multiple products within the longest time frame defined on product cards. Running of deadline commences with the moment of order’s implementation.

9. Purchased subject of contract, with a document of sales chosen by the Buyer, is shipped with the selected by Buyer type of delivery to the location of item’s issue indicated by Buyer, with all attachments, that it is specified in §2 point 6b.

§ 4. Right to withdraw from contract 

1. On the basis of article 27 Consumer law, Consumer is entitled to withdraw from contract concluded at a distance, with no need of giving the reason and at no cost, except for costs specified in article 33, article 34 Consumer law.

2. Date for withdrawal from contract concluded at a distance is 14 days from the moment of item’s issuance, and to keep the deadline one only needs to send a statement before its running.

3. Statement of withdrawal from contract Consumer can submit on form, which template constitutes the attachment no 2 to Consumer law, on form available under the following address:   or in other form compliant with Consumer law.

4. Seller shall immediately confirm with Consumer via e-mail (indicated upon conclusion of the contract or other if it was indicated in submitted statement) that he received the statement of withdrawal from contract.

5. In case of contract withdrawal, contract is considered null and void.

6. Consumer has the duty to return item to Seller immediately, however no later than 14 days from the day he/she withdrew from contract. To keep the deadline, it is only needed to send the item before its running.

7. Consumer sends back items, which are subject of contract, from which he/she withdrew on his/her own expense.

8. Consumer does not bear costs of delivering digital content, which are not recorded on a physical data carrier, if he/she did not agree to fulfil the service before the deadline of contract withdrawal or was not informed of losing the right to withdraw from contract entitled to him/her at the moment of granting such consent or the businessman did not deliver confirmation accordingly with the article 15. Passage 1 and article 21 passage 1 Consumer law.

9. Consumer is responsible for diminishing the value of the item being the subject of contract, which is a result of using the item in a way going beyond the necessity of establishing the character, attributes and application of the item.

10. Seller shall immediately, no later than within 14 days from receiving statement of withdrawal from contract submitted by Consumer, return Consumer all payments made by him/her, including costs of delivering item of the Consumer, and if Consumer chose delivery type other than the cheapest type offered by Seller, Seller will not return Consumer additional costs on the basis of article 33 Consumer law.

11. Seller makes return of payment using the same payment method, that Consume used, unless Consumer explicitly agreed to other form of payment, which does not bear additional costs for him/her.

12. Seller may withhold with the return of payment received from Consumer to the moment of receiving back the item, or a proof of its return-shipment delivered by Consumer, depending on which occurs earlier.

13. In accordance with article 38 Consumer law, Consumer is entitled to withdraw from contract:

   * in which price or remuneration depends on fluctuation on financial markets, on which Seller has no control of, and which may occur before the running of deadline for withdrawal from contract;

  * in which the subject of service is prefabricated item, manufactured according to the Consumer’s specification or used to fulfil his/her individualised needs;

  * in which subject of service is an item prone to quick perishing or has short expiration date;

  * in which subject of service is an item delivered in sealed container, which cannot be returned after the opening of container for health safety or hygiene reasons, if the container was opened after delivery;

  * in which subject of service are things, which after delivery, due to their character, are inseparably connected with other items;

  * in which subject of service are sound or visual recordings or computer programs delivered in sealed package, is package was opened after delivery;

   * of delivering digital content, which are not recorded on physical carrier, if fulfilment of service commenced with clear consent of Consumer’s before running the deadline for withdrawal from contract and after informing him/her by entrepreneur of losing the right to withdraw from contract;

   * of delivering dailies, periodic or magazines, except for subscription contract.

§ 5. Warrantee

1. On the basis of article 558§1 Civil code Seller entirely excludes liability towards Clients from the title of physical and legal defects (warrantee).

2. Seller is liable towards Consumer on the rules defined in article 556 Civil code, and the following, for defects (warrantee).

3. In case of contract with Consumer, if physical defect was determined before one year running from the moment of item’s issuance, it is assumed, that it existed in the moment of transfer of hazard to Consumer.

4. Consumer, if item sold is defected, may:

   * submit statement with demand to lower price;

   * submit statement of withdrawal from contract;

   * unless Seller immediately and with no excessive inconvenience for Consumer exchanges the item with defect on one free of any defects or erases the defect. If, however, the item was already exchanged or repaired by Seller or Seller does not satisfy the duty of exchanging the item to one free of defects or to erase defect, he is not entitled to exchange the item or to remove defect.

5. Instead of the proposed by Seller removal of defect, Consumer may demand the exchange of item to one free of defects or instead of exchange demand removal of defect, unless if bringing the item to compliance with contract in a way chosen by Consumer is impossible or would require excessive costs in comparison with the solution proposed by Seller, wherein in establishing the excessiveness of costs into account are value of item free of defects, kind and significance of determined defect, as well as inconvenience to Consumer caused by other form of fulfilment.

6. Consumer cannot withdraw from agreement if defect is insignificant/

7. If item sold is defected, Consumer may also:

   * demand exchange of item to one free of defects;

   * demand removal of defect.

8. Seller is obliged to exchange defected item to one free of defects or to remove defect in reasonable time without excessive inconvenience to Consumer.

9. Seller may refuse redress to Consumers demand, if bringing the defected item to compliance with contract in a way chosen by buyer is impossible or in comparison with other possible way of bringing to compliance with contract would require excessive cost.

10. In case when defected item was installed, Consumer may demand from Seller dismantlement and renewed installation after exchange to item free of defects or removal of defects, however he/she is obliged to take up part of related costs, which exceed price of item sold or may demand from Seller to pay part of dismantlement and renewed installation costs, up to the cost of the price of item sold. In case on non-fulfilment the obligation by Seller, Consumer is entitled to implement these actions on the cost and hazard of Seller.

11. Consumer, who is executing power on the basis of warrantee, is obliged on Sellers cost to provide defected item on complaint address, if due to the item’s type or form of its instalment, delivering the item by Consumer would be excessively difficult, Consumer is obliged to make the item accessible to Seller at location, in which item was installed. In case of non-fulfilment of duty Seller, Consumer is entitled to return item at Seller’s cost and hazard.

12. Costs of exchange or removal are taken by Seller, except for situation described
in §5

13. Seller is obliged to accept defected item from Consumer in case of exchange to item free of defects or withdrawal from contract.

14. Seller within 14 days deadline, give its opinion to, based on article 5615 Civil code, statements: statement of demand for lowering price, demand to exchange item to one free of defects, demand to remove defect. Seller within 30 days deadline (article 7a Consumer law) will give its opinion to each of the other statements of Consumer, which are not subject to a defined in Civil code deadline of 14 days. In other case, it is assumed, Seller acknowledged statement or demand of Consumer as justified.

15. Seller is liable on the basis of warrantee, if physical defect will be determined before the running of two years from the moment item was issued to Consumer, if subject of sales was item used before one year running from the moment item was issued to Consumer.

16. Consumer’s claim to remove defect or exchange item sold to a free from defect item lapses after running of a year, counting from the day of determining the defect, but no sooner than after running two years from the moment item was issued to Consumer, and subject of sales was item used before running of a year from the moment item was issued to Consumer.

17. In case when the determined by Seller or producer expiration date ends after period of two years from the moment item was issued to Consumer, Seller is liable on the basis of warrantee for physical defects of item determined prior to the running of this date.

18. Within deadlines specified in §5 point 15-17, Consumer may submit statement of withdrawal from contract or of lowering price due to physical defect of item sold, and if Consumer demanded exchange of item to free of charge or removal of defect, the course of deadline to submission of statement of withdrawal from contract or lowering price starts with the moment of unsuccessful deadline for exchange of item or defect removal.

19. In case of judicial proceeding or court of arbitration one of entitlements on the basis of warrantee, deadline to execute other entitlements, entitled to Consumer on this ground, is subjected to suspension until legally binding conclusion of the proceeding. Respectively these are applied also to mediatory proceeding, wherein deadline to execute other entitlements on the ground of warrantee, entitled to Consumer, starts running from the day of court’s refusal to confirm settlement concluded in the presence of mediator or unsuccessful conclusion of mediation.

20. To execute entitlements on the grounds of warrantee for legal defects of item sold, §5 point 15-16 is applied, provided that deadline starts running on the day, when Consumer learnt of defect’s existence, and if Consumer knew of defect’s existence only after third-party’s action – from the day, the ruling issued in litigation with third-person becomes legally binding.

21. If due to item’s defect Consumer submitted statement of withdrawal from contract or of lowering price, he/she may demand repair of damage, he/she suffered due to the fact of concluding a contract without the knowledge of defect’s existence, even if the damage should be a result of circumstances, the Seller is not liable for, specifically he/she can demand restitution of costs of concluding contract, costs of receiving, transport, storage, insuring of item, restitution of expenditures to the extent, in which he did not benefit from it, and which had not been restored by third-person and restitution of cost of proceedings. It does not violate regulations on duty to restore damage on general rules.

22. Running of none of the deadlines for determination of defect does not exclude entitlements on the basis of warrantee if Seller cunningly concealed defect.

23. If Seller is obliged to service or financial service on behalf on Consumer, he shall execute them without unnecessary delay, no later than in time as foreseen in law.

§ 6. Privacy policy and safety of personal data

1. Administrator of bases of personal data passed on by Consumers of shop is Seller.

2. Seller obliges to protect personal data in accordance with the Act on personal data protection of 29 August 1997 and the Act on providing services online of 18 July 2002. Buyer by submitting upon order his/her personal data to Seller consents for their processing by Seller for the purpose of order’s implementation. Buyer has at any time the possibility to access, correct, update and erase his/her personal data.

3. Detailed rules of gathering, processing and storing personal data used for implementation of orders by shop had been described in Privacy policy, which can be found under:https://my-signature.eu/pl/content/8-ochrona-prywatnosci

§ 7. Newsletter

1. Each Client may consent to receive trade information, including trade information delivered electronically, by marking the proper option in registration form or through website. In case of issuing such consent, Client shall receive, on e-mail address indicated by him/her, informational bulletin (Newsletter) of Shop.

2. Client can at any time resign from Newsletter’s subscription by submitting request to data administrator.

§ 8. Final provisions

1. None of the provisions of these regulations has the intent to violate rights of Buyer. It also cannot be interpreted this way, as in the case of non-compliance of any part of these regulations with law in force Seller declares non-conditional subordination and enforcement of the law in place of rule of regulation in question.

2. About changes to regulation and their scope registered Buyers will be informed electronically (on e-mail address indicated during registration or placing order). Notification will be sent at least 30 days before new regulations entering into force. Changes will be introduced to adjust regulations to the law in force.

3. Present version of regulations is always available to Buyer in bookmark regulations (https://my-signature.eu/pl/content/3-regulamin). Over the course of order and throughout the whole after-sale care period, Buyer is bound by these regulations, accepted by him/her upon submitting order. With the exception of situation when Consumer finds it less favourable for him/her from the present and informs Seller of his/her choice to select present one as binding.

4. In cases not regulated by these regulations, proper acts of law are applied. Disputable matters, if the Consumer expresses such will, are resolved in mediation proceedings before Voivodeship Inspectorates of Trade Inspection or trial before arbitration court by the Voivodeship Inspectorates of Trade Inspection. Consumer may also use equivalent and compliant with the law methods of extrajudicial dispute resolution, e.g. through European internet platform ODER or by selecting any one of the authorized subjects listed in OCCP registry. Seller states his intention and grants consent for extrajudicial resolution of consumer dispute.

5. Ultimately the dispute will be decided by court of due local and substantive jurisdiction.