§ 1 Preliminary Provisions

1.The owner of the online store (Krzysztof Sieniawski SIENIAWSKI FENCING,

NIP: 5311643300, REGON: 360966583, Szczypiorno 4, 05-180 Pomiechówek), hereinafter referred to as "the Seller."

1. Contact details for the Seller:

Address: ul. Związkowa 35/3, 04-522 Warsaw

Email: support@sztukakrzyzowa.com

Phone: +48 600-805-910

§ 2 General Provisions

1. All rights to the online store, including proprietary copyrights, belong to the Seller.

2. To place an order, the buyer must have an active email account.

3. The store conducts retail sales of products offered on its website via mail delivery.

§ 3 Orders and Delivery

1. The information on the store's website, including product descriptions, technical specifications, and prices, does not constitute an offer by the Seller under the Civil Code but serves as an invitation for buyers to submit offers to conclude a sales contract.

2. Before placing an order, the buyer must review these terms and the information provided in section 5 below, which will be displayed as a message at the final stage of filling out the electronic form. This step precedes the buyer's confirmation of their intent to enter into a contract by clicking the "Place Order and Pay" button. By clicking this button, the buyer expresses their intent to conclude a contract.

3. Orders can be placed either after creating an account or by filling out a form with shipping and delivery address details available on the store's website.

4. To place an order, the buyer selects a product and adds it to the cart by clicking "Add to Cart." After completing the order, selecting a delivery method, and choosing a payment option, the buyer submits the order form to the Seller. Submitting the order constitutes the buyer's offer to conclude a sales contract for the ordered products.

5. Before submitting the order, the buyer will be informed of:

A detailed description of the product and its features;

The total price, including taxes, for the selected product(s);

Delivery costs and other costs associated with order fulfillment;

The delivery method and timeframe;

The store's delivery terms and timeframe.

After placing the order, the Seller will send a confirmation of order receipt and acceptance for processing to the buyer's email.

6. The Seller reserves the right to cancel an order if the information provided in the order form is incomplete or incorrect. In such cases, the Seller will attempt to contact the buyer via email or phone to correct the information. If contact cannot be established or the buyer does not respond within seven days, the order will be canceled.

7. A VAT invoice is issued for every order.

8. Deliveries are made internationally.

9. Orders will be processed within the timeframe specified in the product description or in the order confirmation.

10. On the day of shipment, the Seller will send a confirmation email to the buyer with the shipping details. If multiple items are ordered, they will be packed together in one shipment.

11. The buyer should inspect the delivered parcel at the time of receipt and in the presence of the courier, following the standard procedures for such deliveries.

12. The right to withdraw from the contract

12.1. Personalized Products

Regulated under Article 38 of the Consumer Rights Act (hereinafter: the Act). According to Article 38, point 3 of the Act, the right to withdraw from a contract concluded outside the business premises or at a distance does not apply to consumers concerning contracts where the subject of performance is a non-prefabricated item, produced according to the consumer's specifications or serving to meet their individualized needs. Article 16(c) of Directive 2011/83/EU prohibits national legislation from granting consumers the right to withdraw from a contract involving the delivery of goods produced according to the consumer's specifications or clearly personalized.

12.2. Standard Products (Non-Personalized)

• A buyer/consumer who has concluded a sales contract may withdraw from it within 14 days without giving any reason, counting from the moment the product is taken into possession by the buyer or a third party indicated by the buyer, other than the carrier.

• The buyer may withdraw from the sales contract by submitting a statement of withdrawal to the seller. To meet the withdrawal deadline, it is sufficient to send the statement before the deadline expires.

• The statement of withdrawal may be made using a form, the template of which is available on the store's website: WITHDRAWAL FROM CONTRACT FORM.

• The statement of withdrawal should be submitted to the seller via email at: support@sztukakrzyzowa.com.

• In the event of withdrawal from the contract, the seller will refund all payments received from the buyer, including the costs of delivering the product, except for additional costs resulting from the buyer's choice of a delivery method other than the cheapest standard delivery method offered by the seller.

13. Delivery Costs: Delivery is carried out via courier. Delivery costs depend on the order value and the destination.

14. Delivery Timeframes:

Poland: from 2 days

European Union: from 5 days

North America: from 7 days

Rest of the World: from 10 days

§ 4 Payments

1. Product prices listed on the store's website are in Polish złoty (PLN), including VAT. Prices do not include delivery costs or other potential additional costs, which will be communicated during the ordering process.

2. The buyer may choose from the following payment methods:

a) Bank transfer

b) Electronic payment systems

3. Detailed payment information is available on the store's website, and the buyer will also be informed by the Seller in the confirmation email after placing the order.

§ 5 Warranty

1. The Seller is obligated to deliver products free from defects. The Seller is liable for physical or legal defects in the product. A physical defect is defined as non-compliance of the product with the contract. In particular, the sold item (product) is considered non-compliant with the contract if:

a) it lacks the properties that an item of that kind should possess based on the purpose specified in the contract or arising from circumstances or intended use;

b) it lacks the properties assured by the store, including those presented in a sample or model;

c) it is unsuitable for the purpose specified by the customer at the time of contract conclusion, and the store did not raise any objections to such intended use;

d) it was delivered to the customer in an incomplete state.

2. If a product has a defect, the buyer may file a complaint by sending it to:

Address: ul. Związkowa 35/3, 04-522 Warsaw

Email: support@sztukakrzyzowa.com

3. Regarding a complaint about physical or legal defects in the product, the customer, acting as a consumer, has the right to submit a declaration for a price reduction or to withdraw from the contract unless the store immediately and without undue inconvenience to the customer replaces the defective product with one free from defects or removes the defect. This restriction does not apply if the product has already been replaced or repaired by the store, or if the store has not fulfilled its obligation to replace the defective product or remove the defect. The consumer may, instead of defect removal proposed by the store, request a replacement of the product with one free from defects, or instead of a replacement, request defect removal, unless making the product compliant with the contract in the way chosen by the customer is impossible or would involve excessive costs compared to the method proposed by the store. When assessing the excessiveness of costs, the value of the defect-free product, the type and significance of the defect, and the inconvenience to the customer resulting from other means of satisfaction are considered.

4. The reduced price should correspond proportionally to the value of the defective product compared to the value of a defect-free product.

5. The customer cannot withdraw from the contract if the defect is insignificant.

6. Complaints will be reviewed within 14 days from the date of receipt by the store. If no statement is provided within this period, the claims submitted by the customer are considered accepted.

7. The customer will be informed about the resolution of the complaint via the same method used to submit the complaint unless the customer specifies a different form of communication. The resolution will also be sent electronically to the email address provided by the customer.

8. A complaint declaration can be submitted using the form available on the store’s website: COMPLAINT FORM. Submitting a complaint using this form is optional.

9. When filing a complaint, please provide the following details: the customer’s full name, address, information allowing the identification of the purchase (e.g., login, order number, transaction date), the subject and reason for the complaint, and the customer’s contact details.

10. The provisions concerning warranty rights and the right to file complaints available to consumers also apply to entrepreneurs with consumer rights.

11. An entrepreneur with consumer rights is a natural person entering into a contract directly related to their business activity, where the content of the contract indicates that it is not of a professional nature, particularly based on the scope of their business activity as disclosed in the Central Register and Information on Economic Activity.

12. In the case of a positive resolution of the complaint, the store will send the customer a defect-free product or a product with the defect removed within a reasonable time. If repair or replacement of the product with a new one is not possible for the reasons mentioned above, the store, according to the alternative request submitted by the customer, will reduce the price or refund the value of the product, including the shipping costs.

13. Detailed information on the possibility of consumers using out-of-court complaint resolution methods and pursuing claims, as well as the rules for accessing these procedures, are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

§ 6 Personal Data

1. The administrator of personal data (as defined in Article 4(7) of 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, hereinafter referred to as "GDPR") for customers, including users utilizing the functionalities of the Store, is Krzysztof Sieniawski SIENIAWSKI FENCING.

2. The Seller has appointed a Data Protection Officer, Krzysztof Sieniawski, who can be contacted regarding data protection matters and the exercise of rights related to personal data. Contact can be made via email at support@sztukakrzyzowa.com or by traditional mail to the Seller’s address, marked "Data Protection Officer."

3. Personal data of customers, including users, may be processed for the following purposes and based on the legal grounds listed below:

a) Receiving orders and fulfilling sales contracts (legal basis: Article 6(1)(b) GDPR);

b) Ongoing communication regarding placed orders, including confirmation and status updates (legal basis: Article 6(1)(b) GDPR);

c) Enabling registration and management of an account in the Store (if the user creates such an account) and providing other functionalities within the Store as part of the electronic services contract with the user (legal basis: Article 6(1)(b) GDPR);

d) Handling complaints related to concluded sales contracts (legal basis: Article 6(1)(b) GDPR);

e) Exchanging purchased goods (legal basis: Article 6(1)(b) GDPR);

f) Receiving and handling inquiries or issues other than complaints, including matters related to concluded contracts, directed to the Seller (e.g., via contact details provided on the Store's website), which constitutes a legitimate interest of the Seller (legal basis: Article 6(1)(f) GDPR);

g) Accepting withdrawal declarations from concluded distance sales contracts, in accordance with the terms of this Regulation and Chapter 4 of the Consumer Rights Act of 30 May 2014, which constitutes a legitimate interest of the Seller (legal basis: Article 6(1)(f) GDPR);

h) Resolving and pursuing claims, defending against claims, and facilitating out-of-court complaint and dispute resolution, which constitutes a legitimate interest of the Seller (legal basis: Article 6(1)(f) GDPR);

i) Enabling the use of electronic payment systems, which constitutes a legitimate interest of the Seller (legal basis: Article 6(1)(f) GDPR);

j) Monitoring how users utilize the services provided via the Store to ensure compliance with the Store's Terms and Conditions, as well as developing its functionalities and improving the services offered (legal basis: Article 6(1)(f) GDPR);

k) Direct marketing, including profiling by selecting and displaying products available in the Store based on user activity and preferences, which constitutes a legitimate interest of the Seller (legal basis: Article 6(1)(f) GDPR);

l) Conducting statistical analyses, which constitutes a legitimate interest of the Seller (legal basis: Article 6(1)(f) GDPR);

m) Fulfilling legal obligations in the area of tax and accounting regulations, specifically those outlined in the Act of 11 March 2004 on Value Added Tax (VAT), the Act of 15 February 1992 on Corporate Income Tax, and the Accounting Act of 29 September 1994 (legal basis: Article 6(1)(c) GDPR);

n) Storing data for archival purposes and to demonstrate compliance with legal obligations, which constitutes a legitimate interest of the Seller (legal basis: Article 6(1)(f) GDPR);

o) Sending marketing information electronically via a newsletter, provided the individual has given explicit consent (legal basis: Article 6(1)(a) GDPR);

p) Storing data in the form of cookies and collecting data from the Store's website and mobile version, provided the individual has given explicit consent (legal basis: Article 6(1)(a) GDPR).

4. Personal data of customers (including users) may be disclosed to the following categories of recipients:

a) Subcontractors providing technical support to the Seller in operating, maintaining, and developing the Store, such as: hosting service providers, software providers for Store management, technical support providers for Store software, email marketing software providers, marketing agencies, diagnostic tool providers (e.g., for analyzing website traffic), with whom the Seller has entered into legally required data processing agreements.

b) Entities supporting the Seller in fulfilling applicable legal regulations and rights and obligations arising from these Terms, in connection with providing services through the Store, such as legal offices and consulting firms, with whom the Seller has entered into legally required data processing agreements.

c) Entities to whom data must be provided to ensure the proper performance of services through the Store, as requested by a specific customer (including users), such as electronic payment service providers (if such an option is chosen), accounting, tax, and legal service providers, and entities responsible for delivering goods to the specified address (e.g., courier and postal services).

5. Personal data of customers, including users, is processed within the European Economic Area (EEA) and is not transferred to third countries.

6. The obtained personal data will be stored by the Seller for the duration of the fulfillment of the concluded Sales Agreements and until their proper settlement, as well as for the period of providing Store services (to users) for the duration of the electronic service agreements, and additionally:

a) Until the expiration of potential claims arising from the aforementioned agreements, but no longer than 6 years from the date of the contract's termination (as per Article 118 of the Civil Code).

b) For the time necessary to pursue specific claims brought by the Seller or to defend against claims brought by the customer (including users) related to the aforementioned agreements, but no longer than 3 years from the date of the contract's termination.

c) For the time required to fulfill obligations under the law, particularly in the area of tax and accounting regulations, such as obligations related to document storage as required by Article 74 of the Accounting Act of 29 September 1994.

d) For the period necessary to provide evidence before public authorities, including the supervisory authority on data protection, that the Seller has fulfilled its legal obligations.

e) For archival purposes when it concerns the history of correspondence and responses to inquiries (not directly related to concluded agreements) – for no longer than 3 years.

f) For direct marketing purposes, including profiling, until an objection to data processing for this purpose is raised.

g) Until consent for data processing is withdrawn or the data becomes outdated (as determined by the Seller) – if the data processing is based on the consent provided by the individual.

7. The Seller ensures that every customer, including users, has the right to exercise all their rights under GDPR, including the right to access their personal data, the right to rectify, delete, or restrict processing, the right to data portability, and the right to object to data processing, in accordance with the terms and conditions specified in GDPR.

8. When the Seller processes personal data to pursue legitimate interests (as mentioned above – Article 6(1)(f) GDPR), each customer (including users) has the right to object to data processing on grounds related to their specific situation.

9. Data processed for the purpose of pursuing the Seller's legitimate interest in direct marketing, including profiling, will only be processed until an objection to such processing is raised. The customer (including users) has the right to object to their personal data being processed for direct marketing purposes, including profiling, at any time.

10. When the Seller processes personal data based on the customer's (including user's) consent, every individual has the right to withdraw their consent at any time without affecting the legality of data processing that took place prior to the withdrawal.

11. Providing personal data is required for:

a) Users who wish to create an account in the Store – to register and create an account, it is necessary to provide data specified in the registration form, i.e., name, surname, and email address. Failure to provide this data will prevent account creation (and thus the conclusion of an electronic services agreement), but the customer will still be able to place orders through the Store without creating an account.

b) Customers placing orders through the Store – to place and allow the Seller to fulfill the order (and thus the sales agreement), it is necessary to provide data such as name, surname, residential address (or another delivery address), email address, and phone number. Failure to provide this data will result in the inability to accept the order (and thus conclude the sales agreement). Failure to provide a contact phone number will prevent the use of courier delivery services.

c) Customers submitting withdrawal declarations from sales agreements – to submit a withdrawal declaration, it is necessary to provide data such as purchase date, product name, product code, size, receipt/invoice number, order number, name, surname, bank account number, and phone number. Failure to provide this information may prevent the effective submission of a withdrawal declaration, and failure to provide a bank account number may prevent the refund of payments.

d) Customers filing complaints related to the sales agreement – to submit a complaint and allow the Seller to resolve it, it is necessary to provide data such as purchase date, brand, product code, size, receipt/invoice number, price, name, surname, address, and contact phone number. Failure to provide this data will prevent the Seller from resolving the complaint.

e) Customers exchanging goods under the sales agreement – to exchange goods, it is necessary to provide data such as purchase date, product code, receipt/invoice number, price, name, surname, address, and contact phone number. Failure to provide this data will prevent the Seller from processing the exchange protocol.

f) Other cases – providing data is voluntary.

12. The Seller will not conduct automated processing of customer (including user) data that results in decisions having legal effects or significantly affecting them. Any automated data processing, including profiling, will only be used to analyze and forecast individual customer (including user) preferences when using the Store.

13. Any individual whose personal data is processed by the Seller has the right to lodge a complaint regarding the processing of their data with the supervisory authority (President of the Personal Data Protection Office).

§ 7 Final Provisions

1. The Seller reserves the right to amend these Terms and Conditions. All orders accepted before the new Terms and Conditions take effect will be processed under the version in effect on the order date. Changes will become effective no sooner than seven days after being made available on the Store's website.

2. In matters not regulated by these Terms and Conditions, Polish law applies, particularly the Civil Code and the Consumer Rights Act of 30 May 2014.