1. These Regulations (hereinafter „Regulations”) sets out the terms and conditions for the use of the online shop The Art Bakery, operating at theartbakery.shop
2. The Shop is owned by Agate Gawronska, an entrepreneur conducting business under the name MessAgate Art & Design with its registered office at: ul. 3 Maja 22/2c, 40-096 Katowice entered in the Central Register and Information on Business Activity, NIP: 6292515256, REGON: 540371497 (hereinafter „Seller”).
3. The Seller's contact details are as follows:
   

   Contact address: ul. 3 Maja 22/2c, 40-096 Katowice
   Email address: info@theartbakery.shop
   Phone number: 571 2137 05 (for customer service telephone hours, see the Contact section).
   Point of contact for communication with EU Member State authorities, European Commission, Digital Services Board: contact@theartbakery.pl. Communication can be conducted in Polish and English.

# Technical requirements

1. In order to use the Shop it is necessary to have:
   
   1. computer or other device with a web browser;
   2. Internet access;
   3. active e-mail address.

# Personal data

1. The administrator of the personal data of the Shop's customers is the Seller.
2. All information about the processing of personal data of customers, as well as other persons using the Shop website, can be read in the Privacy Policy.

# Conclusion of sales contract, customer account

1. The shop allows the purchase of goods (further „Goods”) and digital content or services provided online (hereinafter „Digital Products”), made visible on the Shop's website, in two modes:
   
   1. without registration;
   2. with the creation of an account in the Shop.

   In both cases, in order to place an order, it is necessary to make a selection of Goods and/or Digital Products in the Store, add them to the „Basket” with the appropriate button and continue the ordering procedure by selecting the relevant options (delivery and payment method).

2. Information about the products in the Shop, i.e. descriptions and prices, constitute an invitation to conclude a sales agreement within the meaning of Article 71 of the Civil Code, in accordance with the terms and conditions of the Rules.
3. In order to place an order, it is necessary to fill in all the required data necessary for the execution of the contract and possibly (at the customer's request) also the data for generating an invoice in the order form.
4. If a customer decides to create an account with the Store (hereinafter „Account”), registration is a one-time event, and the e-mail address and password selected by the customer are the basis for subsequent login. Details of the provision of the digital Account service by the Seller are available below in the Account Terms and Conditions. The shop also enables the customer to log into the Account via social media and/or Google user account. After logging into the Account, the customer has access to his/her order history and does not have to fill in the order form with his/her personal data again for subsequent orders.
5. The customer can cancel his or her account at any time without incurring any costs. To do so, please send your cancellation to the e-mail address: info@theartbakery.pl.
6. Confirmation of the order by the customer using the „Buy and pay” button (or any other equivalent wording) means:
   1. making an offer to the Seller to purchase Goods and/or Digital Products in accordance with the options selected in the order and in accordance with these Terms and Conditions,
   2. acceptance of the obligation to pay the price of the Goods and/or Digital Products and their delivery costs.
7. To conclude a sales contract and/or a contract for the provision of digital content or a digital service (hereinafter „Contract”) occurs when the Seller accepts the order for fulfilment (acceptance of the customer's offer), of which the Seller informs by e-mail with confirmation of acceptance of the order for fulfilment.
8. If it is not possible to fulfil the order of the Goods (in whole or in part), the Seller will inform the customer about it - the Contract is not concluded then. At the same time, the Seller shall inform the customer about other options of order processing, e.g. partial processing of the order or waiting for the Seller to replenish the stock. If an order has been previously paid by the customer and it is not possible to fulfil it, the Seller shall immediately refund the customer the payments made (according to the extent of the order cancellation). ;
9. The Seller shall provide the customer with a confirmation of the conclusion of the Contract on a durable medium at the latest upon delivery of the Goods / Digital Product.
10. The shop is not responsible for any non-delivery or delay in delivery of an order resulting from the customer providing an incomplete / incorrect delivery address or failing to provide other data necessary for the order.
11. The Seller reserves the right to suspend the execution of an order in a situation where the customer has provided false data or where the data raises justified doubts as to its correctness. In such a case, the Seller (if possible) will attempt to contact the customer to verify the accuracy of the data provided.

# Prices and payment methods

1. The prices of the Goods and/or Digital Products are quoted in the currency of the Polish zloty (PLN) or another available currency of your choice and in gross amount.
2. The cost of delivery of the Goods is indicated separately in the Shop basket, depending on the delivery method chosen by the customer. Digital Products are delivered electronically at no additional cost.
3. The available payment methods are described on the Shop's website under „Forms of payment” and are presented to the customer at the stage of placing the order (in the shopping basket).
4. The shop offers the following payment methods:
   1. traditional bank transfer to the Seller's account
   2. fast electronic transfer / BLIK / payment with a so-called virtual wallet - via a payment platform:
      • Przelewy24
   3. payment by card: Visa, Visa Electron, MasterCard, MasterCard Electronic
5. If the customer has opted for payment by simple bank transfer, payment for the order should be made within 3 days of its submission. If payment is not made within the aforementioned period, the Contract shall be deemed not to have been concluded. The preceding sentence does not apply if the Seller offers customers deferred payment/payment in instalments via an external partner.

# Delivery of goods

1. Delivery of the Goods takes place at the customer's choice:
   • via courier service
   • via the Polish Post
   • to InPost parcel machines
2. With the exception of Goods collected by the customer in person, an order is deemed to be fulfilled when the consignment is dispatched to the customer (entrusted to a carrier offering transport services). The exact actual date of delivery is determined by the carrier.
3. Goods are dispatched by the Seller within 5 working days, unless a different deadline is clearly stated in the product description when the customer places an order. Detailed lead times are given on the Shop's website under the „Lead times” tab.
4. As a standard, the Seller handles orders within the territory of the Republic of Poland against payment of costs indicated on the Shop website under “Delivery time and costs”. Shipment abroad is possible against payment of the costs indicated on the Store's website or the costs individually agreed upon with the customer.

# Supply of digital products

1. The execution of the Contract for the delivery of the Digital Product takes place immediately (unless otherwise specified in the Contract) by electronic means, by sending to the customer's e-mail address provided by the customer the data enabling access to the purchased Product (download instructions or access data to the relevant account)
2. Access to certain Digital Products may require the creation of an account for the customer on a special platform for the provision of digital data. Such an account is created for the customer free of charge. The technical requirements for accessing such an account do not differ from the technical requirements for using the Shop.
3. The duration (period) of access to the Digital Product (e.g. for one year) is always indicated next to the Product description during the purchase by the customer.
4. If the Digital Product is accessed via a special platform, the customer is obliged to use it in a lawful manner, in particular not to provide unlawful content on the platform.
5. The Customer is obliged to respect the copyright of the Seller and/or any other author of the Digital Products supplied. Unless otherwise indicated by the Seller, the Customer shall be entitled to use the purchased Digital Products only for its own purposes and in a manner consistent with the intended use, which is in accordance with the Contract. The Customer is not entitled without the Seller's consent to any other distribution of the purchased Digital Content.
6. The Seller is not obliged to provide updates to the Digital Product, unless otherwise stated in its description and/or the Seller's statements posted in the Shop and available to the customer at the time of purchase.

# Withdrawal from the contract

1. A customer who is a consumer or an entrepreneur as referred to in Article 7aa of the Consumer Rights Act (hereinafter „Privileged Entrepreneur”) has a statutory right to withdraw from the contract of sale of the Goods within 14 days of receipt, without giving any reason, subject to the exceptions referred to below.
2. A Customer who is a consumer or an entrepreneur as referred to in Article 7aa of the Consumer Rights Act (hereinafter „Privileged Entrepreneur”) has the right to withdraw from the Contract for the supply of a Digital Product (without giving any reason) within 14 days of its conclusion, unless the following conditions are met:
   • The seller has fully performed the service or commenced the supply of digital content with the customer's express and prior consent,
   • the customer has been informed before the performance begins that he will lose the right to withdraw from the contract after the performance has been rendered,
   • The retailer has provided the customer with a confirmation of the conclusion of the Contract on a durable medium, together with information about the customer's consent to the supply of the Digital Product in circumstances giving rise to the loss of the right of withdrawal.
3. It is sufficient for the customer to send a statement within the aforementioned deadline to meet the withdrawal deadline:
   • electronically to: info@theartbakery.shop or
   • in writing to the following address: ul. 3 Maja 22/2c, 40-096 Katowice.
4.  The seller will immediately send the customer an e-mail confirmation of receipt of the declaration of withdrawal.
5. Then, within a further 14 days, the customer should return the returned Goods at their own expense to the postal address ul. 3 Maja 22/2c, 40-096 Katowice.
6. The vendor shall make a refund to the customer without delay, no later than within 14 days of receipt of the declaration of withdrawal:
   • the price of the Goods and/or the Digital Product;
   • the cost of the original shipment of the Goods to the customer according to the cheapest usual method of delivery offered by the Shop.
   • If the parcel is not collected by the Customer, the Seller has the right to reduce the amount of the refund by the cost of returning the parcel to the Seller.
7. In the event that the customer withdraws from the contract of sale of the Goods, the Seller may refrain from refunding the payment until it has received the Goods back, or at least the customer has provided the Seller with proof of return of the Goods.
8. We will refund the payment using the same means of payment used by the customer in the original transaction, unless the customer has expressly agreed otherwise.
9. The Customer shall be liable for any diminution in the value of the Goods returned if, prior to the declaration of withdrawal, he or she has used the Goods in a manner other than that necessary to ascertain the nature, characteristics and functioning of the thing.

# Exceptions to the right of withdrawal from the contract of sale of Goods

1. The right of withdrawal shall not apply to Contracts for the supply of Goods:
   1. non-refabricated, made to the consumer's /privileged trader's specifications or intended to meet the consumer's personalised needs (personalised goods);
   2. sound or visual recordings or computer programs supplied on a tangible medium (e.g. CD) in sealed packaging when the packaging is opened after delivery;
   3. which, once delivered, by their very nature, become inseparable from other goods.

# Complaints

1. The Seller shall deliver to the Customer the Goods and/or Digital Products in accordance with the Contract.
2. Towards consumers and Privileged Businesses, the Seller shall be liable for the conformity of the Goods and/or Digital Products in accordance with the provisions of the Consumer Rights Act. Towards other customers, the Seller shall be liable under the provisions of the Civil Code.
3. Complaints can be made:
   • electronically to: contact@theartbakery.pl
   • or in writing to the following address: ul. 3 Maja 22/2c, 40-096 Katowice.
4. The seller will consider the complaint in the form in which it was submitted (in writing or by e-mail) within 14 days of receipt of the complaint.
5. In the event of dissatisfaction with the Seller's handling of the complaint, the consumer and the Privileged Entrepreneur may (in addition to the ordinary proceedings before the ordinary courts of law) also make use of out-of-court means of complaint handling and redress.
6. For the above purpose you can:
   
   1. apply to the regional inspector of the Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute,
   2. seek the assistance of the county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection,
   3. apply to a permanent amicable consumer court to resolve a dispute arising from a contract concluded
7. Additional information on out-of-court complaint and redress procedures can also be obtained from the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/.

# Product reviews

1. The Shop offers the possibility for the customer to add a product review (hereinafter „Opinions„).
2. This functionality is only available to customers who have an Account and are logged in.
3. Opinions added by the customer should be legal in the sense of the Digital Services Act (DSA) and in accordance with good morals, which means that Opinions cannot be posted:
   • of an unlawful nature;
   • contrary to good morals, in particular: content that is offensive, pornographic, offensive to religious feelings, inciting racial, ethnic or religious hatred;
   • that infringe the rights of others, including in particular the property and personal rights of authors and the right to privacy;
   • containing content or graphics of a commercial or advertising nature relating to products other than those offered in the Shop.
4. The vendor and/or the provider of the third-party customer satisfaction/customer feedback survey programme may moderate the Feedback, which means that Feedback that does not comply with the Terms and Conditions will not be published or may be deleted.
5. In the event of the blocking or removal of an Opinion, the Vendor will inform the customer of this, stating its reasons. In such a case, the customer may lodge an appeal under the conditions described in section XI. 6 of the Terms and Conditions.
6. Appeals against decisions concerning the Opinions (hereinafter “Appeal”) may be lodged:
   • electronically to: contact@theartbakery.pl
   • or in writing to the following address: ul. 3 Maja 22/2c, 40-096 Katowice.

   The Seller shall immediately confirm receipt of the Appeal in electronic form (if the person submitting the Appeal has made an e-mail address available to the Seller). The Seller shall consider the Appeal in the form in which it was submitted (in writing or by e-mail) within 14 days of receipt of the Appeal.

7. Any visitor to the Shop has the opportunity to submit a notice (hereinafter referred to as a “Notice”) to the Seller if he/she believes that illegal content as defined by the Digital Services Act (DSA) or contrary to these Terms and Conditions has been posted on the Shop within the scope of the Opinions. Notices should be submitted electronically to: contact@theartbakery.pl.
8. The Seller shall electronically acknowledge receipt of the Notice without delay. The Seller shall consider the Notification within 14 days of its receipt, stating its reasons. The person who submitted the Notification may appeal against the Seller's decision considering the Notification according to the rules described in Section XI. 6 of the Terms and Conditions.
9. In the event of dissatisfaction with the way in which the Seller has resolved the Appeal, the person submitting the Appeal has the option of using the out-of-court dispute resolution methods referred to in the Digital Services Act (DSA).
10. The Seller is not responsible for the Opinions posted on the Store by customers, provided that:
    • has no knowledge that the Opinion is illegal content;
    • shall promptly take appropriate action to remove or disable access to the illegal content when it obtains such knowledge or knowledge, in particular the Seller shall promptly process the Notices.

1. Polish law shall apply to Contracts concluded in the Shop. The Contract shall be concluded in the Polish language.
2. Nothing in the Terms and Conditions excludes or in any way limits the rights of the consumer (and the Preferred Business) under the law.
3. The Seller may amend the Terms and Conditions at any time, such amendments applying to orders placed after the publication of the new version of the Terms and Conditions, and in the case of (i) previously concluded digital or electronic service contracts and (ii) customers with an account in the shop - the customer will be notified of the change to the Terms and Conditions and the possibility of not accepting the new content.
4. Terms and conditions effective 01/01/202