Sun, Sep 10, 2017

A letter from far, far away…

I wasn`t expect any correspondence but last Friday I got a letter from far far away…

When I opened it I found a strange thing…

A book… did I order something and now forgot about it? I start read and then everything was clear…long, really long time ago I got order for making something special. And I did it, send it to the new owner and forgot about a spoon.

And now I got this nice souvenir of my work. Thanks Norman.

Wow I just notice small mistake in my name … irrelevant – it`s really nice found my work in a book :)

Legal imprint

Terms & Conditions and Right of Withdrawal

IImprint/ cancellation policy/ model cancellation form/
General terms and conditions and customer information/privacy policy

imprint

Legal provider identification:

Freya Dorota Talik
Ul. Mysłowicka 26/2
81-550 Gdynia
Poland
Telephone: 0048502655700
Email: taberna.vagantis@gmail.com

VAT ID: VAT ID PL5862107342
Commercial register number 220825983

Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at ec.europa.eu/odr.

Right of withdrawal for the sale of goods

Right of Withdrawal
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.)

Right of withdrawal

right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day

- on which you or a third party designated by you, who is not the carrier, have taken possession of the goods, provided that you have ordered one or more goods as part of a single order and this is or will be delivered in one go;

- on which you or a third party named by you, who is not the carrier, took possession of the last goods, if you ordered several goods as part of a single order and these are delivered separately;

In order to exercise your right of withdrawal, you must send us (Freya Dorota Talik
Ul. Mysłowicka 26/2 81-550 Gdynia Poland Telephone: 0048502655700 Email: taberna.vagantis@gmail.com) a clear statement (e.g. a sent letter or an e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any event no later than 14 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired.

You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Reasons for exclusion or expiration

The right of withdrawal does not apply to contracts

- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded;
- for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

The right of withdrawal expires prematurely for contracts

- for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
- for the delivery of goods if di these were inseparably mixed with other goods after delivery due to their nature;
- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery.

Sample withdrawal form

(If you want to revoke the contract, please fill out this form and send it back.)

- To (Freya Dorota Talik
Ul. Mysłowicka 26/2 81-550 Gdynia Poland Telephone: 0048502655700 Email: taberna.vagantis@gmail.com):

- I/ we (*) hereby revoke the contract concluded by me/ us (*) for the purchase of the following goods (*)/
the provision of the following service (*)

- Ordered on (*)/ received on (*)

- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
- Date

(*) Delete where not applicable.

General terms and conditions and customer information/privacy policy

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all the contracts, which you conclude with us as a supplier (Freya Dorota Talik) via the etsy Internet platform. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) If we place an item on etsy, the activation of the offer page on etsy represents a binding offer to conclude a contract under the conditions contained on the item page.

(3) The purchase contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After selecting the payment method and calling up the "Proceed to checkout" or "Pay with PayPal" page, the personal data and the data relating to the payment method are entered. Finally, all order data is displayed again on the order overview page.

If you use an instant payment system (e.g. PayPal or Sofortüberweisung) as the payment method, you will first be redirected to the website of the provider of the instant payment system. Finally, you will be directed back to etsy to the order summary page.

Before sending the order, you have the option of checking all the information again on the order overview page, changing it (also using the "back" function of the Internet browser) or canceling the purchase.
By submitting the order via the corresponding button, you declare your acceptance of the offer in a legally binding manner, whereby the purchase contract is concluded.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Right of retention, retention of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 4 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed by us of the same before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 5 Choice of Law, Place of Performance, Place of Jurisdiction

(1) Polish law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2) Place of fulfillment for all services from the existing business with us

Business relationships and place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Poland or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention expressly do not apply.

II. Customer Information

1. Identity of Seller

Freya Dorota Talik
Ul. Mysłowicka 26/2
81-550 Gdynia
Poland
Telephone: 0048502655700
Email: taberna.vagantis@gmail.com

VAT ID: VAT ID PL5862107342
Commercial register number 220825983

Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at ec.europa.eu/odr.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is Polish.

3.2. We do not save the full text of the contract. Before sending the order, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.

4. Essential characteristics of the goods or service

The essential features of the goods and/or service can be found in the respective offer.

5. Prices and terms of payment

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear.

5.4. You have to bear the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Terms of Delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

Unless a different period is specified in the respective offer or under the correspondingly designated button, the goods will be delivered within 3-5 days after the conclusion of the contract (if advance payment has been agreed, however, only after the time of your payment instruction).

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.

7. Statutory liability for defects

Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).

last update: 01.01.2022

Data protection

Unless otherwise stated below, the provision of your personal data is not required by law or contract, nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide it has no consequences. This only applies if no other information is given in the subsequent processing operations.
"Personal Data" means any information en relating to an identified or identifiable natural person.

Responsible
Contact us if you wish. The person responsible for data processing is: Freya Dorota Talik
Ul. Mysłowicka 26/2 81-550 Gdynia Poland Telephone: 0048502655700 Email: taberna.vagantis@gmail.com

Collection, processing and disclosure of personal data when placing orders
When you place an order, we only collect and process your personal data to the extent that this is necessary to fulfill and process your order and to process your inquiries. The provision of the data is necessary for the conclusion of the contract. Non-provision means that no contract can be concluded. The processing takes place on the basis of Article 6 Paragraph 1 lit. b GDPR and is necessary for the fulfillment of a contract with you.
Your data will be passed on, for example, to the shipping companies and dropshipping providers, payment service providers, service providers for order processing and IT service providers you have selected. In all cases, we strictly observe the legal requirements. The amount of data transmission is limited to a minimum.

merchandise management

Use of an external merchandise management system
We use a merchandise management system for contract processing as part of order processing. For this purpose, your personal data collected as part of the order will be sent to
BaseLinker Sp. z o.o. Plac Solny 15 50-062 Wrocław
transmitted.

Duration of storage
After completion of the contract, the data will initially be stored for the duration of the warranty period, then taking into account statutory retention periods, in particular tax and commercial law, and then deleted after the period has expired, unless you have consented to further processing and use.

rights of the data subject
If the legal requirements are met, you have the following rights under Art. 15 to 20 GDPR: Right to information, to correction, to deletion, to restriction of processing, to data portability.
In addition, according to Art. 21 Para. 1 GDPR, you have the right to object to the processing based on Art. 6 Para. 1 f GDPR and to processing for the purpose of direct advertising.

Right of appeal to the supervisory authority
According to Art. 77 GDPR, you have the right to complain to the supervisory authority if you believe that your personal data is not being processed lawfully.

Right to object
If the personal data processing listed here is based on our legitimate interest in accordance with Article 6 Paragraph 1 lit. f GDPR, you have the right to object to this processing at any time for reasons that arise from your particular situation with effect for the future.
After an objection has been raised, the processing of the data concerned will be terminated unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

For extrajudicial settlements of consumer disputes, the European Union has launched an online platform ("ODR platform"):

https://ec.europa.eu/consumers/odr