terms and conditions

STORE REGULATIONS

The products offered in the store are sold by. Jaroslaw Pawlik conducting business under the name P.H.U. ALFA Jarosław Pawlik, VAT number 894 196 64 20, REGON 731518610, registered in the Central Register and Information on Economic Activity conducted by the minister responsible for the economy, contact address: ul. Braniborska 14, Wrocław 53-680 - DOMAR Interior Gallery, hereinafter referred to as the Seller.

You can contact the Seller by writing to the email address: studio@magichome.com.pl or by phone: 501-616-313.

In accordance with the requirements, we have designated a contact point for direct communication with the authorities of the Member States, the Commission, the Digital Services Council, as well as with Users using the Service. Fast and direct communication is possible via email at the email address provided above.

Copyright notice: The regulations were created in collaboration with the law firm of legal counsel Kinga Konopelko. http://www.kingakonopelko.plCopying and distributing this document without the author's permission is prohibited and may be subject to both criminal and civil liability.

SECTION 1: BASIC CONCEPTS

Explanation of basic concepts:

Price - a value expressed in monetary units that the Customer is obligated to pay, and in the case of digital content/service - also a digital representation of value.
A work day is a day of the week from Monday to Friday, excluding days off work.
Proof of payment - an invoice or receipt issued in accordance with the Value Added Tax Act or other applicable laws sent to the Customer;
Delivery - means the delivery of the Product to the Customer by the Seller.
Supplier - the entity with which the Seller cooperates, whose task is to carry out the delivery (detailed information about suppliers and delivery methods are specified on the Seller's website);
Customer - a subject who plans to make a purchase or makes a purchase of a product/products, i.e. a natural person having full legal capacity, and in cases provided for by universally binding regulations also a natural person having limited legal capacity, a legal person, and an organizational unit without legal personality, to which the law grants legal capacity - who has entered into or intends to enter into an Agreement with the Seller, also known as a User.
Consumer - a natural person making a purchase for purposes that are not directly related to their business/professional activities.
Offer - a sales proposal containing essential elements of the Product.m.in. Product description, individual proposal from the Seller.
Entrepreneur - a natural person, a legal person, and an organizational unit without legal personality, to whom a separate law grants legal capacity, carrying out economic activity on their own behalf, using the Store;
An entrepreneur on consumer rights - an individual who enters into a contract directly related to their business activities, when it is evident from the content of this contract that it does not have a professional character for them, in particular resulting from the subject of their business activity carried out on the basis of the provisions on the Central Register and Information on Economic Activity.
Product - Goods or Service offered by the Seller in the Store, intended for sale; The product is of a paid nature, unless indicated otherwise;
Physical product - a product that can be shipped physically by mail/courier or can be picked up in person.
Regulations - these Regulations specify the rules for using the Store, placing orders, and the rules for order fulfillment by the Seller.
Shop / website / service - a page where the Seller conducts their business, including m.in. sale of products by the Seller or through which the content of the Seller and Users is made available;
Goods - an item that is the subject of a contract between the Seller and the Customer.
User Content - information provided, generated, and/or delivered by the User while using the services of the Website.
A durable medium is a material or tool used to store information that allows access to this information in the future (for the time necessary to achieve the purposes for which the information is intended) and enables the reproduction of the stored information in an unchanged form.
Contract - mutual agreements between the Seller and the Client defining their mutual rights and obligations.
Service - a service provided by the Seller to the Customer.
User Account - an individual account assigned to the Client, available after Registration and logging in with a username and password, enabling making transactions. m.in. Online shopping, editing personal data, and viewing order history in the online store.
Discount code - an electronic code in the form of a numerical or verbal sequence, entitling the User to a discount calculated on the Products in the cart.

Article 2: RULES OF COOPERATION AND CONTRACT CONCLUSION

The terms of implementation of the contract and the rules of cooperation are defined by the Regulations and the Offer.

2. The regulations and the offer do not exclude or limit the customer's rights as a consumer or entrepreneur under the mandatory provisions of the law.

In case of discrepancies between the content of the Regulations and the Offer, the Offer is binding.

4. The agreement is concluded at the moment of the Customer's acceptance of the Regulations, making the payment, and confirming the order by the Customer.

In the event that the payment deadline falls after the conclusion of the Agreement, the Agreement is concluded at the moment of the Customer's acceptance of the Regulations and confirmation of placing the order by the Customer.

6. The concept of making a payment refers to the registration of the payment by the Seller or payment intermediary.

Section 3: PRICE

1. The price is a gross price and includes all taxes required by law, unless the Seller has clearly indicated that the price is a net price and VAT should be added to it.

2. The price does not include information about delivery costs or other expenses that the Customer will be required to bear, and they will be informed about these costs before placing an order.

A reduced price is the price resulting from a reduction in the price of the Product.

The lowest price is the lowest price for the Product that was in effect in the 30 days prior to the price reduction, and in the case of a product offered for sale for a period shorter than 30 days, the lowest price is the lowest price in effect from the day the Product was offered for sale until the day of the price reduction.

5. Discount codes cannot be combined with other discount codes. A discount code can only be used within one Order, unless otherwise stated in the Offer.

RULES FOR PLACING ORDERS

1. The customer can use the store 7 days a week, 24 hours a day. Orders placed on Saturdays, Sundays, or holidays are processed on the next business day.

2. The seller uses the services of PayU and PayPal to offer online payments.

3. Payments can be made by traditional bank transfer, electronic transfer, debit or credit card, BLIK payment, through other payment methods offered by the Service, and cash payment when placing an order at the physical store in Wrocław (unless this method is excluded for the purchase of a specific Product).

The customer is obliged to make payment immediately after placing an order, unless otherwise stated in the Offer or the payment method chosen by the Customer.

5. To purchase Products through the Store as part of the User Account:

The customer starts the purchasing process by creating an account in the Store. To do this:
You should click on the "Create an account" button or its equivalent, available on the Store's website (or log in to the Account if the Customer already has an account created and continue shopping according to the path indicated in paragraph 5).
Fill out the registration form, providing the required information such as: first and last name, email address, and set a password for your account.
To accept the Store Regulations and Privacy Policy,
To confirm your account registration, click on the activation link sent to the provided email address.
Continue shopping according to the path indicated in section 4, point 5.

To purchase products from the store, you should:

Select the product(s) you want to buy from the options available on the website by clicking the "add to cart" button or a similar button.
To familiarize yourself with the total price for the selected products, including delivery costs and any other additional charges resulting from the placed order.
Then you need to provide the required information (such as customer data, phone number, email address, payment method, delivery method) and accept the Terms and Privacy Policy.
Select the preferred delivery method and delivery address, press the "place order" button or equivalent, and confirm the checkbox.
Make a payment for the order according to the selected payment method. After placing the order, the Seller will send a confirmation of the order placement.

To purchase products electronically, for example via email, you should:

Select the product(s) you want to buy or negotiate individual terms with the seller regarding the product and familiarize yourself with the offer.
After selecting the products, you should provide the information required by the Seller (such as customer data, payment method, delivery method).
Please review the total price for the selected products, including delivery costs and any other additional charges resulting from the placed order, before accepting the order.
To accept the terms of cooperation presented by the Seller within the order, including the Regulations, and make payment for the order according to the chosen payment method. After placing the order, the Seller will send a confirmation of the order placement.

8. After the Agreement is concluded, the Seller also sends the terms of the Agreement to the Customer, if they have not been provided before the conclusion of the Agreement.

9. The seller has the right to cancel the order if the customer does not make the payment within 3 working days from the date of placing the order or if the customer fills out the order form in a way that prevents its proper fulfillment despite being requested by the customer to complete/correct the data under the penalty of order cancellation.

RULE 5 - ORDER EXECUTION POLICIES

Physical products

1. The deadline for order fulfillment, including the delivery of Products, depends on the Seller's indicated order preparation time, and then on the delivery time provided for the chosen delivery method by the Customer. Unless otherwise specified in the Offer, the order preparation time along with the delivery time is between 1 to 4 weeks.

2. The deadline for the fulfillment of the order, including the delivery of the Products, shall be counted from the day of entering into the agreement.

3. The seller informs the customer about:

In the time frame of order preparation by the Seller, in working days and
Delivery of products by the supplier within working days - depending on the delivery method chosen by the customer.

4. The delivery is carried out within Poland. In the case of deliveries outside of Poland or to other countries specified above, the Customer agrees individually with the Seller on the detailed delivery terms.

5. The delivery is made to the address specified by the Customer in the order form or to a pickup point specified by the Customer - depending on the chosen delivery method.

6. The seller provides the customer with the following delivery or pickup options for the product:

Courier delivery via InPost or GLS.
Personal pickup at the address: Braniborska 14, 53-680 Wrocław - DOMAR Interior Gallery. The goods can be picked up during the store's opening hours. Personal pickup is possible within 7 days from the delivery date to the Gallery.

7. In case of delivery problems by the Carrier, such as m.in. If the customer is not present at the specified address, the supplier will leave a notice at that address or will arrange a different delivery time via email or phone. If the order is not collected within the designated timeframe, it will be returned to the seller. After the return, a new delivery date will be arranged with the customer, and the costs of redelivery will be determined.

8. The customer should inspect the received order upon delivery, and in case of any discrepancies – has the right to demand that the Supplier prepare a receipt protocol.

Section 6 TECHNICAL CONDITIONS

1. The client may use the Store in accordance with the Regulations and applicable laws.

2. The seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of unauthorized acquisition and modification of customer data, therefore customers should apply appropriate technical measures to minimize the above-mentioned risks.

3. In order to use the store or place an order, the customer must have:

current version of the internet browser supported by the manufacturer with internet access (e.g. Opera, Mozilla Firefox, Google Chrome);
active email account.

In case additional technical requirements need to be met to use the Store or Products, the Customer will be informed about this before using the Store or placing an order for the Product.

Copyright and Licenses

1. All materials provided by the Seller, including texts, photos, graphics, multimedia, and trademarks, are considered works within the meaning of the Copyright and Related Rights Act and are subject to legal protection.

2. The Seller or another entity from whom the Seller obtained the appropriate license holds the copyright to the aforementioned materials. The materials may also be used by the Seller based on another legal basis.

3. All materials provided by the Seller may only be used by the Customer for their own use, unless stated otherwise in the Offer. It is unauthorized to further distribute, share, copy, or download materials in any way beyond the permitted use.

4. The seller grants the customer a non-exclusive license, without the right to grant sublicenses and without territorial limitations. Time restrictions arise from the Offer or these Regulations. The remuneration for granting the license has been included in the price.

5. The customer has the right to use the materials in the following fields of exploitation:

In terms of recording and printing the work - recording digitally on the User's Account or in any other way permitted by the Seller; printing may be done for personal use of the materials;
Adaptation of the work for personal use within the scope provided by the guidelines, instructions/video instructions, comments.

In the event of a breach of the prohibition referred to in this paragraph, including the infringement of copyrights, the Seller has the right to demand compensation and redress from the Customer. The Customer may be held civilly or criminally liable in this respect.

CLAIMS AND WARRANTY

This chapter defines the rules of liability for compliance of performance with the agreement obligating the transfer of ownership of the Goods to the Consumer and Entrepreneur under consumer rights in contracts concluded from January 1, 2023.

2. Agreements involving the transfer of ownership of goods, in particular sales agreements, delivery agreements, and work agreements where the subject is a product, are not subject to the provisions of Chapter XI of Book Three, Title II of the Civil Code of 23 April 1964, but only to the Consumer Rights Act. Detailed information regarding the aforementioned rules can be found in the Consumer Rights Act, and this Regulation is not intended to limit or change them.

If the Goods are not in conformity with the contract, the Customer may request their repair or replacement, or in cases specified in the Consumer Rights Act, also withdraw from the contract.

The seller may exchange the goods when the customer requests a repair, or the seller may repair the goods when the customer requests an exchange, if bringing the goods into conformity with the contract in the manner chosen by the customer is impossible or would require excessive costs for the seller. If both repair and exchange are impossible or would require excessive costs, the seller may refuse to bring the goods into conformity with the contract. The customer provides the seller with the goods subject to repair or exchange.

5. If the Goods are not in conformity with the contract, the Customer may declare a price reduction or withdrawal from the contract if:

The seller refused to bring the Goods into conformity with the contract or did not bring the Goods into conformity with the contract.
The lack of conformity of the Goods with the contract still exists, even though the Seller tried to bring the Goods into conformity with the contract.
The lack of conformity of the goods with the contract is so significant that it justifies an immediate reduction of the price or withdrawal from the contract.
It is clear from the Seller's statement or circumstances that they will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Customer.

6. The customer cannot withdraw from the contract if the non-conformity of the Goods with the contract is immaterial.

In case of withdrawal from the contract, the Customer promptly returns the Goods to the Seller at their expense. The Seller promptly refunds the Customer the price, but no later than within 14 days from the day of receiving the Goods or proof of its return.

8. The customer can make a complaint regarding the non-conformity of the Goods with the contract by sending it to the Seller's address specified in the Regulations (postal or email address). The complaint should include data enabling the identification of the Customer, the subject of the complaint, and the requests related to the complaint. In the event of receiving an incomplete complaint that prevents its consideration, the Seller will ask the Customer to complete it under the penalty of leaving the complaint without examination. The customer can make a complaint using the template attached as Annex No. 3 to these Regulations. This procedure is applicable to the rights arising from §9 of the Regulations.

9. The seller will consider complaints within 14 days from the date of receiving it, unless otherwise specified by specific regulations. The response will be sent to the Customer's email address or in another way indicated by the Customer.

The provisions of this chapter do not apply to Goods that are used solely as carriers of digital content.

11. In addition to the rights arising from the warranty, some Goods may be covered by a guarantee. In such a case, information regarding the guarantee will be specified. m.in. In the offer or in a separate document in accordance with the principles provided for in the Consumer Rights Act.

Section 9: Additional Customer Rights Regarding Digital Content/Services

This chapter defines the rights of the Consumer and the Entrepreneur regarding consumer rights in the case of agreements for the delivery of digital content/services concluded from 1st January 2023. Detailed information regarding the rights of the Customer are determined by the provisions of the Consumer Rights Act, and this Regulation is not intended to limit or change them.

If the digital content or digital service does not comply with the contract, the customer may demand that it be brought into conformity with the contract or make a statement about reducing the price or withdrawing from the contract.

3. The seller may refuse to bring the digital content or digital service into conformity with the contract if bringing the digital content or digital service into conformity with the contract in a manner chosen by the customer is impossible or would require excessive costs for the seller.

4. If the digital content or digital service is not in accordance with the agreement, the customer may declare a price reduction or withdraw from the agreement when:

Bringing into compliance with the agreement is either impossible or requires excessive costs.
The seller did not bring the digital content or digital service into conformity with the contract.
Non-compliance with the agreement persists, even though the Seller has attempted to bring the digital content or digital service into compliance with the agreement.
The lack of conformity of the digital content or digital service with the contract is so significant that it justifies an immediate price reduction or withdrawal from the contract;
It is clear from the Seller's statement or circumstances that he will not bring the digital content or digital service into conformity with the contract within a reasonable time or without excessive inconvenience to the Customer.

5. The customer cannot withdraw from the contract if the digital content or digital service is provided in exchange for payment, and the lack of conformity with the contract is insignificant.

6. If the customer has not received the digital content or service, the customer informs the seller about it. In the event of their non-delivery immediately or within an additional, clearly agreed upon by the parties deadline, the customer may withdraw from the contract.

7. The customer can withdraw from the contract without the need to provide digital content or digital service if:

The seller has stated or it is clearly evident from the circumstances that they will not provide digital content or digital services.
The parties have agreed, or it is clearly evident from the circumstances of entering into the agreement, that a specific deadline for the delivery of digital content or digital service was crucial for the Customer, and the Seller did not deliver it within this deadline.

The provisions of this chapter do not apply if the contract provides for the delivery of digital content through a physical medium.

SECTION 10 WITHDRAWAL FROM THE AGREEMENT

This chapter defines the rules for withdrawal from a contract by the Consumer and the Entrepreneur under consumer rights.
A customer who is a Consumer or an Entrepreneur acting as a consumer has the right to withdraw from the contract within 14 days, subject to the provisions below. In order to exercise the right to withdraw from the contract, the customer should inform the Seller of this by means of a clear statement, for example, by sending an email or letter to the address specified in the Regulations. More information on the right of withdrawal can be found in Annex No. 1 and 2 to the Regulations.
The right to withdraw from the contract does not apply in the case of a contract for:

about providing services for which the Client is obligated to pay a fee, If the Seller has fully performed the service with the explicit and prior consent of the Customer, who was informed before the provision began that after the Seller fulfills the service, they will lose the right to withdraw from the contract, and has acknowledged this fact;
The provision of digital content not supplied on a tangible medium, for which the Customer is obligated to pay a price if the Seller has commenced the provision with the express prior consent of the Customer, who was informed before the provision began that upon completion of the provision by the Seller, they would lose the right to withdraw from the contract, and acknowledged and accepted this information, and the Seller provided the Customer with confirmation of receiving consent.
The subject of the provision is Non-prefabricated goods, produced according to the customer's specifications or to meet their individualized needs (so-called custom-made goods);
The subject of the provision are things that, after delivery, due to their nature, become inseparably connected with other things.

The customer referred to in paragraph 1 is responsible for reducing the value of the Product as a result of using it in a manner that exceeds what is necessary to determine the nature, characteristics, and functionality of the Product.
In the event of withdrawal from the contract for the provision of digital content or digital services, the Customer refrains from using this digital content or digital service and from sharing them with third parties.

Section 11 USER ACCOUNT

The seller creates a User Account for the Customer, i.e. an individual panel activated by the Seller for the Customer to use the Seller's Products after the Customer registers and enters into a free agreement to create and manage the User Account, hereinafter referred to as the Account. The agreement to create and manage the User Account is concluded for an indefinite period.

2. The client may not share the user account with third parties or have multiple user accounts.

Creating a User Account is necessary to gain access to the User Account.

4. The seller sends information regarding the User Account to the email address provided by the Customer. The Customer sets up an individual password for the Account. The Customer is obliged to set up an individual password even if the password for registering the User Account is automatically generated by the system. After registering the Account, the Customer should immediately establish a new password.

5. The customer may request the removal of the Seller's User Account by email or by any other method accepted for communication with the Seller, while observing a 14-day notice period without providing a reason.

Deleting a User Account may result in the loss of access to the Products and data shared within the User Account.

7. The seller may terminate the agreement for the creation and management of the User Account.

For important reasons with a 14-day notice period (applies to a Client who is a Consumer or a Business on consumer rights); the concept of an important reason should be understood in particular as a breach of the provisions of the Regulations or legal regulations by the Client, as well as taking actions by the Client that are contrary to good practices;
Without providing a reason in immediate mode (applies to a Customer who is not a Consumer or a Business on consumer rights).

Article 12 IMAGE

1. The customer is aware that the image of the Participant shared by him as part of the cooperation with the Seller may be processed by the Seller, including recorded and disseminated for educational, archival, and contractual purposes.

2. By providing their image to the Seller in any other way, the Customer consents to the Seller recording, using, and distributing the Participant's image in the form of a photograph for the purposes specified in paragraph 1.

3. Processing the image of the Client/Participant for marketing and promotional purposes requires separate consent.

The image mentioned above can be used for various forms of electronic processing, cropping, and composition, as well as combined with images of other people. Additionally, video and audio recordings with his participation can be edited, modified, added to other materials created as part of the Seller's activities. The consent covers all forms of publication.

5. The client may not record, use, or distribute the image of other participants/instructors without the prior consent of said individuals.

6. By providing the Seller with photos containing the image of third parties, the Customer declares that they have their consent to use the photo for the purpose of fulfilling the order. In the event of a lack of such consent, the Customer bears full responsibility for any claims from third parties arising from the violation of their right to likeness.

7. When providing materials for printing (such as photos, graphics) to the Seller, if the materials are considered copyrighted works, the Client is obliged to have the right to use them for the aforementioned purposes (e.g. copyright or licenses). The Client is responsible for any claims from third parties resulting from, among other things, the infringement of their copyrights.

Article 13: DETAILED PROVISIONS CONCERNING BUSINESSES

1. The provisions specified in this paragraph apply to the Entrepreneur who is not a Consumer Entrepreneur.

The court competent to resolve any disputes arising between the Seller and the Entrepreneur, who is not a consumer within the meaning of the law, is the court having jurisdiction over the Seller's registered office.

3. A business entity that is not a consumer entrepreneur is obligated to inspect the shipment upon receipt. In case of detecting defects and damages, the business entity is required to prepare a protocol upon receipt. In case of failure to fulfill the above formality, the Seller is not liable for defects and damages to the Product that occurred from the moment it was accepted by the Supplier until it is handed over to the business entity, as well as for delays in the shipment transport.

4. The parties exclude the Seller's liability for non-conformity of the Goods with the contract/defects in the goods with respect to the Business entity, who is not a Consumer within the meaning of the law.

5. The seller has the right to terminate the contract with the Entrepreneur who is not a Consumer immediately. For this purpose, the Seller sends the Entrepreneur a statement of termination of the contract to the email address or postal address. The Entrepreneur waives any claims in this respect.

6. The seller is not liable for lost profits in relation to the Entrepreneur who is not a Consumer within the meaning of the law.

Section 14: PRODUCT REVIEWS

1. The opinions about the products published by the Seller are verified by them.

2. Verification is taking place m.in. By comparing personal data or cooperation details with the data and information held by the Seller regarding Customers who have previously used the Seller's Products, as well as through direct contact with the aforementioned person to thank them for their feedback or by sending a dedicated link to Customers for leaving feedback.

In case of doubts regarding whether the opinion comes from a person using the Seller's Products, this opinion is not published by the Seller.

4. The published opinions aim to present the benefits associated with using the Seller's products, which have been noticed by previous customers.

5. The seller does not use sponsored or bartered reviews.

Article 15: User Content

User-generated content not allowed

1. It is prohibited for the User to post Content that constitutes illegal content within the meaning of the Digital Services Act (DSA) or is otherwise inconsistent with the Regulations.

2. The term "illegal content" refers to illegal content, products, services, and actions.

3. The user may not post Content that:

have a terrorist character,
are contrary to law, good customs,
have a SPAM character or appear on the Service repeatedly without a legitimate purpose;
They are offensive, contain content with terms considered hate speech, threats, as well as content inciting violence or promoting it, content indicating harassment, racist, discriminatory, defamatory content.
violate or restrict the rights of third parties, in particular the right to privacy, the right to image, the right to personal data protection, trademarks or copyrights;
intended to conduct competitive activities or constitute unfair competition practices,
are used for conducting unauthorized advertising, promotional, marketing activities;
are used to carry out activities prohibited by law, such as financial fraud;
promote a fascist or other totalitarian regime of the state;
slander or insult any person;
violate the personal rights of any person;
contain vulgarities or other offensive content;
offend religious feelings.

4. The seller is not responsible for the User Content posted on the Service, provided that the seller:

There is no actual knowledge of illegal activities or illegal User Content, and with regard to claims for damages - there is no knowledge of the factual situation or circumstances that clearly indicate illegal activities or illegal User Content.
I take immediate action to remove or prevent access to illegal User Content or otherwise limit their visibility or monetization when I obtain such knowledge or information.

5. The seller is obligated to notify the appropriate law enforcement authorities in the event that the User may have committed, is committing, or may commit a crime endangering the life or safety of individuals, and to provide all available information on the matter.

User Content Moderation

6. The seller can verify User Content at any time.

7. The seller conducts verification with due diligence, in an objective and proportionate manner, and with proper consideration of the rights and legally justified interests of all parties involved, including respect for the fundamental rights of service recipients, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.

Verification can occur either preemptively or subsequently, i.e. after the publication of the Content - depending on the type of User Content and available features.

In case of detecting any inconsistencies of User Content with the Regulations, the User Content may be blocked and become invisible to other Users, or may be removed from the Service, or in another way its visibility may be restricted. The Seller may also limit the monetization of the above-mentioned Content.

If the User uses the Service in violation of the Terms and Conditions, in addition to actions related to the possibility of deleting/blocking Content or limiting their visibility and/or monetization in any other way, the Seller may delete the User's Account or temporarily or permanently prevent the User from using specific functionalities of the Service.

11. The seller is obliged to act with due diligence, in an objective, proportional manner, and with due consideration of the rights and legally justified interests of all parties involved, in accordance with the freedom of expression and information as well as other fundamental rights and freedoms. The seller informs about their decision by indicating its justification.

In case of taking the actions mentioned above, the User affected by such actions may file an appeal according to the rules described in this paragraph. [por. Procedura odwoławcza].

Reporting User Content

13. Any individual or entity may report to the Seller the presence on the User Content Service of content that they consider to be illegal under the Digital Services Act (DSA).

14. The application can be submitted via email to the contact address provided in the preamble of the Regulations, including the use of the form attached as Annex No. 4 to the Regulations.

15. The notification referred to in the aforementioned order should include:

A justified explanation of the reasons why a specific individual or entity claims that User Content is not in compliance with the Terms and Conditions.
Indication of the exact electronic location of information, such as the precise URL address and additional information enabling the identification of User Content, in accordance with the type of User Content and the specific type of hosting service;
Name and surname or the name, as well as the email address of the person or entity making the notification, with the exception of notifications concerning information deemed to be related to one of the crimes referred to in Articles 3-7 of Directive 2011/93/EU.
A statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.

The report should allow for the identification of the reporting party, although it is not mandatory, unless the identity is necessary to determine whether the content constitutes potential illegal content.

Immediately after receiving the notification referred to in paragraph 1, the Seller sends the User a confirmation of receiving the notification - electronically, to the provided email address (if the notification contains contact information allowing for sending the confirmation).

In the event that the notification is incomplete or contains other errors preventing the consideration of the notification, the Seller may request the notifier to complete or correct the notification, especially when it concerns. m.in. Confirmation of the rights being potentially infringed. Failure to complete or correct the notification no later than 14 days from the date of the Seller's request may be grounds for leaving the notification without consideration.

User content verification by the Seller in connection with the report is carried out immediately, no later than within 14 days from the date of receiving the report allowing for its consideration, unless due to the nature of the illegal content covered by the report and the urgency of the situation, verification should take place earlier (e.g. when the content is related to a threat to life or safety of individuals).

The seller conducts verification with due diligence.

Reporting and verifying content is aimed at removing information deemed illegal or preventing access to it, with the caveat that it cannot lead to excessive infringement of the freedom of expression and information of other users.

During the verification process, the Seller is entitled to block User Content in such a way that it becomes invisible to other Users or take other actions described in this chapter.

After verification, the Seller may permanently suspend or remove User Content that violates the Regulations, or in another way limit its visibility or monetization, or may determine that the User Content does not violate the Regulations. If the User Content was previously blocked and after verification it turned out that the User Content does not violate the Regulations,

In the event of taking the above-mentioned actions, the Seller immediately notifies both the reporter and the User who posted the User Content, providing a justification for their decision.

In case of taking the actions mentioned above or not taking them, the user who posted such User Content, or the reporter, may file an appeal according to the rules described in this paragraph. [por. Procedura odwoławcza]

In the event that, due to technical or operational reasons, the Seller is unable to remove certain information, the Seller informs the reporting party about this.

27. The appeal will be considered by the Seller. Appeals will not be considered in an automated manner.

Appeal procedure

28. In case:

The seller did not block or remove User Content or limit visibility despite being reported by another User or third party.
User content has been blocked or removed or its visibility has been restricted in violation of the terms of service;
The seller has made a decision regarding the suspension or termination of providing the service, fully or partially.
The seller has made a decision to suspend or close the account.
The seller has made a decision regarding the suspension, termination, or other limitation of the monetization options for information.

The user who submitted User Content, or the person who reported User Content for verification, may file an appeal.

29. Any decision by the Seller mentioned above must include a justification that allows for an appeal, except in cases where there are legal grounds for refusing to justify the decision. The justification must meet the requirements set out in the Digital Services Act (DSA) and include information such as:

Indication whether the decision includes the removal of User Content, preventing access to them, de-indexing or limiting the visibility of User Content, or suspending or terminating monetary payments related to such User Content, or imposing other measures as referred to in the Regulations, in relation to such User Content, and, where applicable, the territorial scope of the decision and the duration of its validity.
The facts and circumstances on which the decision was based, including, where appropriate, information on whether the decision was made based on a report submitted by another User or third party, or based on voluntary verification activities carried out on the Seller's own initiative, and, if absolutely necessary, the identity of the reporter.
In appropriate cases, information on the use of automated means when making decisions, including information on whether the decision was made in relation to User Content detected or identified using automated means;
If the decision concerns potentially prohibited User Content, indicate the legal basis on which the decision is based, as well as explanations regarding the reasons why, based on this basis, the given User Content is considered prohibited.
If the decision is based on the alleged inconsistency of information with the terms of service, the indication of the contractual basis on which the decision is based, as well as explanations regarding the reasons why the information is considered inconsistent with that basis.
Clear and user-friendly information about the options available to the user or complainant to appeal a decision.

30. An appeal can be submitted: a) electronically to the address: www.https://magichome.com.pl/gb/ b) by mail - to the address ul. Braniborska 14, Wrocław 53-680 - DOMAR Interior Gallery.

31. The appeal should contain necessary information for its consideration, including m.in. The identifying and contact information of the User appealing, as well as a detailed justification pointing out the irregularities in the Seller's decision.

32. The seller promptly confirms receipt of the cancellation via email to the specified email address.

33. The appeal will be considered within 14 days from the date of filing the appeal.

In case the appeal contains sufficient grounds to consider that the Seller's decision is incorrect/unjustified, the Seller immediately revokes their decision.

The appeal will be considered by the Seller/under the supervision of the Seller's staff.

Article 16 FINAL PROVISIONS

During the existence of force majeure, the Parties to the agreement shall be exempt from any liability for its non-performance or improper performance, provided that the circumstances of force majeure constitute an impediment to the performance of the agreement. The above also applies to the period directly preceding or directly following the occurrence of force majeure, provided that during the specified period the impact of force majeure will constitute an impediment to the performance of the agreement.

2. "Force majeure" refers to an event of a random or natural character, completely independent of the will and actions of the Parties, which could not have been foreseen and its prevention was impossible, in particular events such as: flood, burglary, war, act of terror, declaration of a state of emergency.

In the event that the Customer is from outside the Seller's country, they should inform the Seller of this, providing information about their place of residence/headquarters, so that tax settlement can be carried out in accordance with the applicable regulations.

4. As part of using the Products, it is prohibited to provide information of an unlawful nature and to act in a manner contrary to the law, good manners, or infringing on the personal rights of third parties.

5. Mediation of disputes and resolution of complaints. The consumer has the option to contact:

to file a request with a permanent consumer arbitration court to resolve a dispute arising from a concluded agreement;
Proszę o skontaktowanie się z wojewódzkim inspektorem Inspekcji Handlowej w celu złożenia wniosku o wszczęcie postępowania mediacyjnego w celu polubownego rozwiązania sporu między Klientem a Sprzedawcą.
The district (city) consumer rights ombudsman or social organization whose statutory tasks include consumer protection to seek assistance regarding the contract;

The seller reserves the right to make changes to the Regulations for valid reasons, in particular due to changes in the legal provisions to the extent that these changes also require amendments to the content of these Regulations, especially changes to the provisions of the Civil Code, the Consumer Rights Act, the Electronic Service Provision Act, as well as based on the applicable decisions of the Office of Competition and Consumer Protection (UOKIK), the Personal Data Protection Office (PUODO), or court judgments to the extent corresponding to the issued decisions/judgments, and in the event of a significant change in business factors, provided there is a causal relationship between the aforementioned change and the change in the costs of providing services by the seller.

7. For agreements concluded before the entry into force of the new Regulations, the version of the Regulations in force on the date of conclusion of the Agreement by the Customer shall apply.

The applicable law is Polish law, subject to paragraph 10.

The competent court is the Polish court, subject to paragraph 10.

In the case of a customer who is a consumer, the provisions of the Regulations do not deprive the consumer of the protection granted by the laws of the country of his habitual residence, which cannot be excluded on the basis of the contract. In the event that the provisions in force in the consumer's country are more favorable to him and cannot be excluded by agreement, they will apply to the contract concluded between the customer and the seller.

11. Rules regarding the processing of personal data are regulated in the Privacy Policy.

12. The regulations are valid from the day 25.02.2025 I'm sorry, but "r." is a abbreviation and could stand for different words in English. Could you please provide more context or clarify what you would like me to translate?

Attachment No. 1 to the Regulations

NOTICE OF WITHDRAWAL FROM THE CONTRACT

You have the right to withdraw from this agreement within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of entering into the agreement (in the case of service contracts) / from the day on which you acquire the goods or a third party other than the carrier and indicated by you acquires the goods, or in the case of goods delivered in batches, from the day on which you acquire the last of the goods. In the case of contracts for the regular delivery of goods for a specified period, the withdrawal period starts from the day you or a third party indicated by you (other than the carrier) acquire the first of the goods.

To exercise your right to withdraw from the contract, you must inform us of your decision to withdraw from this agreement by means of a clear statement (for example, a letter sent by post or email).

Our contact details: Jarosław Pawlik conducting business under the name P.H.U. ALFA Jarosław Pawlik, VAT number 894 196 64 20, REGON 731518610, registered in the Central Register and Information on Economic Activity maintained by the minister responsible for the economy, Contact address: 14 Braniborska Street, Wrocław 53-680 - DOMAR Interior Gallery.

You can use the withdrawal form template, but it is not mandatory. To meet the deadline for withdrawing from the contract, it is sufficient to send information regarding your right to withdraw from the contract before the withdrawal period expires.

Consequences of withdrawing from a contract

In case of withdrawal from this agreement, we will refund all payments received from you, including the costs of delivering the goods (with the exception of additional costs resulting from your chosen method of delivery other than the cheapest ordinary delivery method offered by us), immediately, and in any case no later than 14 days from the day on which we were informed of your decision to withdraw from this agreement. We will make the refund using the same payment methods that you used in the original transaction, unless you have explicitly agreed to a different solution; in any case, you will not incur any fees in connection with this refund.

We can withhold the refund until we receive the item or until you provide us with proof of its return, whichever happens first.
Please return or transfer the Product to us immediately, in any case not later than within 14 days from the day on which you informed us of the withdrawal from the contract. The deadline is met if you return the item to us before the expiry of 14 days.

You will have to bear the direct costs of returning the goods, unless stated otherwise in the Offer.

You are only responsible for any reduction in the value of the Product resulting from using it in a way other than necessary to establish the nature, characteristics, and functioning of the Product.

If you requested the commencement of services before the expiry of the withdrawal period from the contract, you will pay us an amount proportional to the scope of services provided up to the moment you informed us of the withdrawal from this contract.

Attachment number 2

You can contact the Seller by writing to the email address: studio@magichome.com.pl or by phone: 501-616-313.

MODEL FORMULARZA ODSTĄPIENIA OD UMOWY [Twoje imię i nazwisko] [Twoje adres] [Data] [Adres odbiorcy] [W przypadku sklepu internetowego: nazwa firmy, adres, adres e-mail] Oświadczam, że niniejszym odstępuję od umowy zawartej dnia [data zawarcia umowy] dotyczącej zakupu następujących towarów: - Nazwa towaru 1 - Nazwa towaru 2 - itd. Numer zamówienia: [numer zamówienia, jeśli dotyczy] Data otrzymania towaru: [data otrzymania] Imię i nazwisko klienta: [Twoje imię i nazwisko] Adres klienta: [Twój adres] Data: [Data] (Podpis klienta, tylko jeśli formularz jest wysyłany w wersji papierowej)

(This form should be completed and returned only in case of a desire to withdraw from the contract)

I hereby withdraw from the agreement dated... concerning/involving...

Name and surname, customer address*... Signature*... (if sent in paper version)

Date.

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Attachment number 3

You can contact the Seller by writing to the email address: studio@magichome.com.pl or by phone: 501-616-313.

COMPLAINT FORM

(fill out the form if you wish to file a complaint regarding the non-conformity of the Goods with the Agreement)

Regarding order numberI'm sorry, but your message appears to be blank. Please provide more context or information so I can assist you better. from the day It seems like there was no text provided for translation. Please provide the text you would like me to translate from Polish to English.

Regarding the product: I'm sorry, but there is no text to translate in your message. If you have a specific text you would like me to translate, please provide it and I will be happy to help. [opis produktu]

I hereby inform you that the product I purchased is not in compliance with the contract. The non-compliance of the product with the contract consists of: _____________ The non-compliance was identified on _______________

In light of the above, please indicate the claim: _____________ (specify the claim).

Name and surname, customer address*... Signature*... (if sent in paper version)

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Attachment number 4

If you have noticed illegal content, you can report it in accordance with the terms of our regulations.

*The administrator of personal data provided in the form is Jarosław Pawlik running a business under the name P.H.U. ALFA Jarosław Pawlik, VAT number 894 196 64 20, REGON 731518610, registered in the Central Register and Information on Economic Activity maintained by the minister responsible for the economy, Contact address: 14 Braniborska Street, Wrocław 53-680 - DOMAR Interior Gallery, email address: studio@magichome.com.pl.

Personal data is processed for the purpose of handling the report based on Article 6(1)(c) of the GDPR in connection with Article 16 of the DSA in accordance with the Privacy Policy.

REPORT OF VIOLATION REGARDING USER CONTENT

Date: ………………………

Information about the reporter: ...................................................

Email address: ..............................................................

Reporting illegal content concerns Content. which ^{Select the appropriate option.}Przepraszam, nie podałeś tekstu do przetłumaczenia. Proszę podaj tekst, a ja chętnie go przetłumaczę.

have a terrorist character,
are contrary to law, good customs,
have a SPAM character or appear on the Service repeatedly without a legitimate purpose;
They are offensive, contain content with terms considered hate speech, threats, as well as content inciting violence or promoting it, content indicating harassment, racist, discriminatory, defamatory content.
violate or restrict the rights of third parties, in particular the right to privacy, the right to image, the right to personal data protection, trademarks or copyrights;
intended to conduct competitive activities or constitute unfair competition practices,
are used for conducting unauthorized advertising, promotional, marketing activities;
are used to carry out activities prohibited by law, such as financial fraud;
promote a fascist or other totalitarian regime of the state;
slander or insult any person;
violate the personal rights of any person;
contain vulgarities or other offensive content;
offend religious feelings.

Other circumstances justifying the recognition of the content as illegal:

This text does not contain any meaningful content to be translated.

Illegal content can be found at (provide specific URL):

This text does not contain any meaningful content to be translated.

Additional information/explanations regarding illegal content Please provide additional information/circumstances/data that will help us better consider the matter, indicate them here:

I'm sorry, but the text you provided does not contain any words or meaning to be translated. If you have any other text you would like help with, please feel free to provide it.

Declarant's Statement:

I declare that the submission is made in good faith and with the belief that the information and allegations indicated in the submission are correct and complete. (Article 16(2)(d) of the Digital Services Act).

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Reporter's signature
(if applicable)