Regulations of the online store available at the following address: www.topdog-gallery.com administered by Hanna Bakuniak, hereinafter referred to as the Seller, conducting business activity under the company TOP DOG GALLERY with its registered office in 05-800 Puszków, 10 Gościnna Street, registered in the Central Register and Information on Business Activity (CEIDG) under the number NIP: 534 109 22 18, REGON: 011768072, contact phone number +48 602 29 40 43, e-mail: shop@topdog-gallery. com, regulates the rules in the scope of services provided by the Seller by electronic means and sales contracts concluded through the Online Shop, including their types, rights and obligations of Clients and the Seller, the mode of withdrawal from the contract and the complaint procedure.
Table of contents:

§ 1 Definitions
§ 2 General provisions
§ 3 Services provided by electronic means (types, conditions, withdrawal)
§ 4 Sales contract
§ 5 Order processing and delivery
§ 6 Payments
§ 7 Right of withdrawal
§ 8 Warranty
§ 9 Complaints
§ 10 Liability
§ 11 Out-of-court dispute resolution methods
§ 12 Final provisions

§ 1

Definitions:

Internet shop - online shop available at www.topdog-gallery.com.
Seller - Hanna Bakuniak conducting business activity under the name of TOP DOG GALLERY with its registered office in 05-800 PRUSZKÓW Ul. Gościnna 10, registered in the Central Register of Business Activity and Information (CEIDG) under NIP number: 534 109 22 18, REGON number: 0011768072
Client - a natural person, legal entity or organizational unit without legal personality, whose law grants legal capacity, concluding an agreement with the Seller.
Consumer - natural person, pursuant to Article 221 of the Act of 23 April 1964. - Civil Code, performing with the Seller a legal action not directly related to its business or professional activity.
Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to which the act grants legal capacity, conducting in its own name a business or professional activity.
Service - electronic services provided by the Seller (Service Provider) to the Client (Service Recipient) via the Online Shop.
Distance contract - shall mean an agreement concluded between the Seller of the Online Store and the Consumer under an organized procedure of the system of concluding distance contracts, without the need for both parties to the agreement to participate in one place and time, concluded by means of one or more means necessary to communicate at a distance until the conclusion of the agreement.
Sales contract - a contract concluded at a distance between the Client and the Seller via the Online Store, the subject of which is the purchase of the Goods.
Goods - a product, a movable item, which the Customer purchases through the Online Store from the Seller, who is its producer.
Client's Account - a set of data in the Seller's ICT system, where information on the Client is collected, including contact information and order history.
Registration form - an electronic service, a form available in the On-line store allowing the creation of a Customer Account.
Order form - electronic service, a form available in the Online Store allowing the purchase of the Goods selected by the Customer.
Order - a statement of the Customer's will made via the Online Store, expressing in an unambiguous manner the will to conclude a Sales Agreement, specifying in particular its terms and conditions, as well as the type and quantity of the Goods, method and cost of delivery, form of payment and the Customer's data necessary to perform the agreement.
Working day - one day from Monday to Friday, excluding public holidays.

§ 2

General provisions

The Seller undertakes to provide services to the Customer, observing the applicable laws and conditions provided for in these Regulations, with respect to the principles of social coexistence.

The Seller declares that it observes all the principles of personal data protection of the Clients provided for by the Act of 29 August 1997 on Personal Data Protection (i.e. Journal of Laws of 2015, item 2135, as amended).

The Client agrees to the collection, storage and processing of personal data by the Seller for the purpose directly related to the performance of the Service or Goods ordered in the Online Store. Detailed conditions for collection, processing and protection of personal data by the Seller are specified in the "Privacy Policy" of the Online Store.

The Client undertakes to use the Online Store and the services offered by the Seller through it, observing the applicable laws and conditions provided for in these Regulations, respecting the principles of social coexistence.

The Seller declares that the Goods available in the Online Store are:
a) new and safe,
(b) free from physical and legal defects,
c) comply with the characteristics indicated in the Online Shop,
(d) placed on the world market in a legal manner.

The Seller declares that some Goods (e.g. stained-glass lamps with a specific breed, inscriptions made of diamond scarecrows - kennel names or dog names or changed colours according to the customer's wishes) available in the Online Shop may be produced on individual order.

The manufacturer's guarantee, in which the manufacturer assumes responsibility for the properties of the goods, the existence of which he provided (e.g. as regards functionality, durability, quality of the goods), does not exclude or in any way limit the possibility for the Customer to use his rights resulting from the warranty for physical and legal defects of the Goods (§ 8), which he purchased from the Seller.

The Seller executes orders on the territory of the whole world.

All information contained in the Seller's Online Store, relating to the products (including prices), do not constitute a commercial offer within the meaning of Article 66 of the Civil Code, but an invitation to conclude an agreement as defined in Article 71 of the Civil Code.

All prices given on the website of the Online Store are given in euros or Polish zloty (PLN) and are gross prices (including VAT).

Prices do not include delivery costs.

Delivery costs depend on the area of the world in which the customer lives and the type of shipment (e.g. weight or non-standard dimensions).

The total cost of delivery is visible to the Customer before the final confirmation of the order and acceptance of the Terms and Conditions, as well as in the message confirming acceptance of the order by the Seller referred to in § 4 point 6.

Persons using the shop's website may not deliver or distribute illegal content through it.

§ 3

Electronic services (types, conditions, withdrawal)

Through the functions available in the Online Shop, the Seller provides services electronically.
The use of all the services available in the Online Shop (conclusion of an agreement on the provision of services by electronic means) is voluntary and free of charge.

Contracts for the provision of services by electronic means shall be performed within the scope:
a) filling in the order form by the Customers of the On-line store, the contract is concluded for a fixed period of time at the moment of the Customer's accession to fill in the form and shall be terminated upon withdrawal from filling in the form or upon sending the completed form to the Seller. The process of filling in the order form is organized in such a way that each Consumer has the opportunity to get acquainted with it before making a decision on concluding a contract or making a change in the contract;
b) filling in the contact form by the User of the On-line store, the contract is concluded for a fixed period of time at the time of the Client's accession to fill in the form and is terminated when the form is withdrawn or when the completed form is sent to the Seller;
c) registration and maintenance of the Client's Account, the agreement is concluded for an indefinite period of time, at the moment of registration by the Client using the functionality available on the Online Shop's website;

Technical requirements necessary to use the services provided by the Seller:
a) device with access to the Internet,
(b) a web browser that supports cookies,
(c) access to electronic mail.

The customer shall pay the fees related to Internet access and data transmission in accordance with the tariff of his Internet service provider.

The right to withdraw from the contract for the provision of services by electronic means shall be entitled:
a) The Client who is a Consumer under the terms of these Regulations (§ 7),
b) to the Customer to whom the Seller provides the services referred to in point 3(c) and (d), which are continuous and perpetual, without giving any reason, with immediate notice of termination.

In order to exercise the right referred to in point 6(b), the Client shall send to the following e-mail address: sklep@topdog-gallery.com, an unambiguous statement of termination of the contract for the provision of services by electronic means.

The Client, in case of non-performance or improper performance of the service provided electronically by the Seller, is entitled to lodge a complaint under the terms of these Regulations (§ 9).

The Seller reserves the right to terminate the agreement for the provision of electronic services of a continuous and indefinite nature with a 7-day notice period in the case of violation by the Client of the provisions of these Regulations.

§ 4

Sales contract

To conclude a valid and binding sales contract for both parties, the Customer shall use the features available on the Online Shop website:
a) selects the Goods, specifying their quantity and characteristics ("Add to basket" function),
b) fill in the order form, indicating the data necessary for the execution of the contract, i.e. name, surname, e-mail address, telephone number, delivery address, name and registered office of the company, tax identification number (NIP).

The Seller shall enable the Customer, through the Registration Form, to establish a Customer Account. Registration by the Customer is one-time, voluntary and free of charge. The data provided during account registration will be used to process subsequent orders.
Having a Customer account (registration) is not necessary to place orders in the Online Store.

The Customer may place orders using the Order Form available in the Online Shop, 24 hours a day, 7 days a week.

The Customer will be informed electronically about the acceptance of the order. Upon receipt of the message by the Customer, a sales contract is concluded.

Orders that cannot be confirmed within 7 days - will not be processed.
The summary and order confirmation message contains all the pre-established conditions of the sales contract, in particular the quantity and type of the Goods ordered, the total price to be paid together with the delivery costs and the amount of discounts granted (if applicable).

The Customer having a Customer Account, after logging in, has the possibility to check the status of the Order.

The Seller reserves the right to refuse the execution of orders in the case of material shortages occurring in the market at a given time. This applies especially to a particular glass colour.

In this case, in the event of this shortage, the Customer will be immediately informed about the possibility of completing his order.

§ 5

Order processing and delivery

The Seller's order execution starts as soon as the payment is received in the shop's account.
The execution time, due to the completely handicrafted nature of the Goods manufactured is - 3 weeks for stained glass and 2 weeks for decorated shirts.

Individual orders, e.g. a lamp, or any change in the design - shape, colour or size of the goods, are treated as individual orders.

An order received personally by the Customer at the Seller's address is processed immediately after its confirmation. The exact date of release of the Goods shall be agreed with the Client individually and confirmed by the Seller through a message sent to the Client's e-mail address.

In the event of occurrence of exceptional circumstances or impossibility of execution of the order within the time limit specified in passage 2, the Seller immediately contacts the Client in order to determine further course of action, including setting a different date for execution of the order.

Individual orders - the time of their realization is determined individually with the customer.

Delivery of the Goods takes place through the Polish Post Office. Orders are issued to the supplier by the Seller on working days.

The Goods issued to the supplier are packed properly, ensuring full protection against damage during transport.

The Client is entitled to cancel or change the order, however, no later than until the moment when the Seller sends a message confirming acceptance of the order.

After receiving the shipment, the Customer or a third party authorized by him should, as far as possible, carefully check the condition of the packaging, whether it does not bear traces of damage, interference of an unauthorized person and whether its contents are intact.

In case of any damage or other irregularities, the Customer should, in the presence of the courier, if possible, draw up a damage report and notify the Seller of this fact.

If the Goods look damaged, the Client is asked not to accept the shipment if possible. This provision in no way excludes and does not limit the rights of the Client to lodge a complaint under the terms of these Regulations.

The above described procedure is only aimed at helping the Seller to determine the causes and liability for damage. Failure to draw up a protocol by the Customer at the courier does not limit the possibility of reporting damage to the shipment.

In case of a significant delay in delivery of the Goods, please contact us to determine the cause.

The Seller has no influence on the work of the post office and customs institutions, but in every situation tries to help in determining where the shipment is located.

In case of foreign shipments - outside the European Union - there are no returns.

§ 6

Payments

 The Client pays for the ordered Goods by traditional transfer to the Seller's bank account kept by mBank to the account number: 44 1140 2004 0000 3102 7804 7112 - PLN - for customers living in Poland

For clients from other parts of the world The store provides mBank with a Euro account: PL 73 1140 2004 0000 3412 0698 4209 BIC/SWIFT code: BREXPLPWMBK

It is possible to collect the Goods personally, after prior payment.

The entity providing online payment services in the field of fast transfer payments is PayPro S.A.

The Client is obliged to make payment within 7 calendar days from the date of receiving a message confirming acceptance of the order by the Seller, specifying the total cost of the order together with delivery (conclusion of the contract).

Payment options include Visa and MasterCard.

The order begins to be executed after the payment is credited to the Seller's account.

Each shipment is accompanied by the Seller's proof of purchase

§ 7

Right of withdrawal

Since all goods are made to order - there is no possibility to withdraw from the contract.

According to Article 38 of the Act on Consumer Rights

The consumer shall not have the right of withdrawal from an off-premises or distance contract in respect of a contract where the subject matter of the performance is an unprocessed item, made to the consumer's specifications or intended to meet his individual needs;

The manufacturer's guarantee, in which the manufacturer assumes responsibility for the properties of the goods, the existence of which he ensured (e.g. as regards functionality, durability, quality of the goods), does not exclude or in any way limit the possibility for the Customer to use his rights resulting from the warranty for physical and legal defects of the Goods (§ 8), which he purchased from the Seller.

§ 8

Warranty

The Seller shall be liable to the Customer on account of warranty for physical defects if the item:
a) there are no properties that an object of this kind should have due to the purpose in the contract specified or resulting from the circumstances or purpose;
b) has no properties of which the Seller has assured the Buyer, including by presenting a sample or specimen;
c) it is unsuitable for the purpose of which the Buyer informed the Seller at the conclusion of the contract and the Seller has not objected to such purpose;
d) has been issued to the Buyer in an incomplete condition.

The Seller shall be liable to the Customer on account of warranty for legal defects if the item is encumbered with the right of a third party.

The Seller's liability under warranty for physical or legal defects of the Goods, if the defects, referred to in items 1 and 2, are found before the lapse of two years from the date of handing over of the Goods to the Client by the Seller.

In the event of replacement of the Goods, the term referred to above shall run anew.
Notification of defects should be sent to the Seller in writing to the address of its registered office or electronically to the address of its electronic mail, taking into account the period referred to in passage 3.

In order to facilitate preparation of the notification, the Client may use the Contact Form.
In order to properly assess a physical defect of the Goods, at the request of the Seller, and with the consent of the Client, the Goods should be delivered to the address of the seat of the Seller.

Delivery of the Goods under execution of rights resulting from the warranty for defects is executed at the expense of the Seller.

The Seller shall respond to the notification of the Client immediately, however, not later than within 14 calendar days from the date of its receipt. In the case of failure to consider the notification within the specified period of time, it should be considered as considered by the Seller.

The Seller is exempt from liability under the warranty for physical and legal defects if the Customer knew about the defects at the time of concluding the sales contract and in case of concluding the sales contract with the entrepreneur.

§ 9

Complaints

The customer has the right to lodge a complaint in case of non-performance or incorrect performance.

The complaint should include:
a) the Customer's data, i.e. name, surname, address, name and seat of the company, contact telephone, e-mail address,
(b) the identification of the object of the complaint,
(c) the period of time to which the complaint relates,
(d) the circumstances justifying the complaint.

A Customer who is a Consumer within a complaint has the right to demand:
a) exchange the Goods for a new one,
b) repair the defective Goods,
(c) price reductions,
(d) if the defect is material, it may withdraw from the contract.

The Seller may refuse to replace or repair the Goods only if it would be impossible or would require excessive costs. In such a case, the Seller may propose another way of fulfilling the claim.

Assessment of excessive costs takes into account the value of the item free from defects, significance of the defect for the functionality of the Goods and possible inconvenience, which could occur on the side of the Client, in the case of another, proposed by the Seller, way of settling the claim.
The Consumer has the right to choose the way of satisfying the claim and possible change of his claim.

Unless the separate provisions provide otherwise, the Seller shall consider the Consumer's complaint within 30 days from the date of its receipt. The response to the complaint shall be sent by the Seller to the Consumer in paper form or on another durable medium, to the Customer's address or his e-mail address given during the order placement.

In case of failure to consider the complaint within the specified time limit, it should be considered as taken into account by the Seller. A claim for withdrawal from the contract, if it is not considered within the deadline, is not tantamount to recognition of the submitted complaint.

Differences, resulting from individual settings of the Client's computer (color, proportions) cannot be the basis for recognition of the complaint about the purchased Goods.

A damaged or defective Product should be sent back to the Store's address. The fee for delivery of the product is covered by the Buyer, who will receive its return after the complaint is accepted. The parcel should be sent by post as an economic parcel or registered letter.

The following are not subject to warranty: mechanical, chemical and thermal damage and all others caused by improper action or omission of the user or external force. Damage to glass elements resulting from improper use. Damage resulting from alterations, repairs and changes made by the user or unauthorized third parties.

In the case of sending a completely efficient and correct product as part of the complaint, the Shop does not bear the cost of sending it back.

§ 10

RETURNS

The shop deals with handicraft activities. Each product is made to customer order. The object of our work are things that are not prefabricated, produced according to the customer's specification and meeting his needs.

Therefore, the shop does not accept returns.

Please make a thoughtful purchase

§ 11

Responsibility

The Customer undertakes to use the Online Shop in accordance with applicable laws and rules of social coexistence.

The Customer is responsible for the correctness of the data entered, in particular when using the functionalities available on the Online Shop's website.

The Seller shall not be liable for the Client's illegal activity related to the use of the Online Shop.

The Seller shall not be liable for transactions made by unauthorized third parties to whom the Customer has provided the login and password to the Customer's Account, by failing to exercise due diligence in protecting this data.

The Seller may suspend or terminate the provision of certain services provided through the Online Store, which may not in any way violate the rights of the Customer or affect the agreements concluded with the Seller to date.

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR)

§ 12

Out-of-court dispute resolution

The consumer has the right to use out-of-court dispute resolution methods and to pursue claims through mediation or arbitration. Regardless of this, the Customer may request assistance from the municipal (district) Consumer Ombudsman, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and the following addresses of the Office of Competition and Consumer Protection:
www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php.

The Network of European Consumer Centres assists in resolving cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Centre www.konsument.gov.pl.

All necessary information is available on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl.

A customer who is a consumer can also use an electronic way to resolve disputes with the Seller via the EU platform available at the address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL.

The use of out-of-court means of complaint handling and claiming is voluntary and may take place if both parties to the dispute agree to it.

Disputes arising from the provision of services under these Terms and Conditions shall be submitted to a common court at the Customer's choice in accordance with the relevant provisions of Polish law.

§ 13

Final provisions

The Seller respects all the Customer's rights under Polish law.

The Seller reserves the right to change these Terms and Conditions for important reasons, among others, due to changes in the provisions of applicable law. The Seller is obliged to notify the Customers of each change at least 14 days before the updated version of the Regulations comes into force, on the website of the Online Store.

The provisions of the new Regulations do not apply to orders and agreements concluded before the updated version of the Regulations comes into force and do not affect the rights acquired by the Customer under the previous Regulations.

The Customer has the right not to accept the new version of the Terms and Conditions.

All descriptions and photos are the property of the Seller and are protected by the provisions of the Act on Copyright and Related Rights. Their use for any purpose without the owner's consent is prohibited. Each use of the content in question requires written consent of the Seller. Failure to obtain the consent may result in criminal and civil liability.
Disputes arising from the provision of services under these Terms and Conditions shall be submitted to the common court at the Customer's choice in accordance with the relevant provisions of Polish law.

The Regulations shall enter into force on 01.01.2020.

We invite you to contact us
from Monday to Friday, from 10.00 to 18.00

Write or call

e-mail - sklep@topdog-gallery.com

telephone - +48 602 29 40 43