§1. Preliminary provisions
Administrator of the website is Santa Medicina Mateusz Pruszowski, based in Glubczyce, at Jana Pawła II 3 street. NIP: 7481586157 REGON: 36930432.
- User – a natural person or legal entity that meets the conditions of the regulations and has made a registration, as a result of which an account has been created for it and thus it has gained access to services provided by the administrator and the website resources.
- Website – located at the address www.shamanforest.com belonging to the administrator, a social and transactional website, gathering users, goods and services related to handicraft, art, cosmetics, and food products.
- Name (login) – an unique identifier identifying the user, determined by the user himself in the registration process.
- Password – an unique combination of characters chosen by the user containing a string of at least 5 letters and digits.
- Account – created as a result of registration – a user profile containing his personal and contact details.
- Transactional and negotiable platform (platform) – a separate part of the website through which users can make purchase and sale transactions preceded by negotiating transaction prices.
- Seller – a user who makes a sales offer as part of the transaction platform.
- Buyer – a user who joins a transaction as a buyer or negotiator.
- Goods – an item that can be the subject of an announcement, in accordance with the regulations.
- Service – all services provided electronically by the service provider to users based on these regulations.
§3. Terms of using the service
- This website run by the administrator allows users to sell the goods, as well as guarantees access to the database of other users who, within the website, have decided to make their personal data public in order to establish direct contact with other website users.
- For proper use of the website it is necessary to connect to the Internet, and a terminal device that allows the correct display of HTML content (eg PC, with Windows XP, and Internet Explorer 6.0).
- Users can be natural persons who are over 18 years of age and have full legal capacity, as well as legal persons and organizational units without legal personality, who can acquire rights and incur liabilities on their own behalf.
- User registration on the website consists in completing the registration form correctly. In the registration process, the user is obliged to provide correct data. Administrator retains the right to verify the given data, or refuse to register in case of reasonable doubt as to the correctness of the above data.
- The user may have only one account.
- It is not allowed to:
- Sharing accounts with other people and using accounts belonging to other people. The user should keep the account password secret. Accounts are not transferable.
- Posting in the name, shop description, offers and profile of links leading to other stores (services) on the Internet in which the user sells his products. Mention of social networking sites is allowed if the user does not sell, commercial or link to such sites.
- Finishing offers on ShamanForest to sell a product off the platform, even though customer contact was established through our platform.
- Attaching to shipments any information that would be intended to encourage direct contact, such as e-mail address, telephone number, website address.
- This website user allows unrestricted, unlimited time and territorially use of the content by the administrator in whole or in fragments, having the character of the work and not having the character of the work within the meaning of the act of 4 February 1994 on copyright and related rights (vol. Journal of laws of 2006, no. 90, item 631, as amended) for public access to the work, recording and reproduction of the work by any technique, use of materials for promotional and advertising purposes of the website, including their modification.
- By placing an order on the website, the user gives personal and voluntary personal data in the following scope: name and surname, e-mail address, telephone number in the website registration form. Providing personal data by the user is voluntary, however, the lack of data will prevent the execution of the order. The legal basis for processing by the administrator is the necessity of processing to perform the contract (article 6 (1) (b) of the GDPR), and as far as optional data are concerned, the legal basis for processing is consent (article 6 (1) (a) of the GDPR).
- This website also processes users' data:
- For analytical and statistical purposes – the legal basis of the processing is the legitimate interest of the administrator (article 6 (1) (f)) of the GDPR), consisting in analyzing the users' activity on the website and how to use the account, as well as their preferences, in order to improving the functionalities used.
- In order to potentially establish, investigate or defend against claims – the legal basis of the processing is a legitimate interest of the administrator (article 6 (1) (f) of the GDPR) consisting in the protection of its rights.
- For marketing purposes of the administrator and other entities – the legal basis of the processing is the legitimate interest of the administrator (article 6 (1) (f) of the GDPR) consisting in the protection of its rights.
- In order to fulfill the order, the website may provide user's personal data in the scope of name, e-mail and telephone to third parties for the purpose of proper performance of the contract. This consent includes in particular the transfer of data to the seller, an intermediary company in the ordering of courier services, postal operators and courier companies in order to send a parcel and transfer data to websites that support online payments in order to authorize payments for the purpose and on the terms set out in the regulations for using the services of these websites.
- Administrator of personal data is the administrator (as defined in the comparison). Personal data is protected in accordance with applicable law, and from the date of entry into force in accordance with regulation of the european parliament and of the council (eu) 2016/679 of 27 April 2016 and legal acts that will be issued in its implementation.
- User has the right to inspect their personal data, correct them and demand their limitation or removal. User also has the right to object to the processing of data, as well as the right to request the transfer of his data.
- User may at any time withdraw consent to further processing of his personal data. Withdrawal of consent shall not affect the lawfulness of the processing which was carried out on the basis of consent before its withdrawal.
- User has the right to lodge a complaint about the processing of his data by the administrator to the president of the office for personal data protection.
- User may give additional consent to the processing of his personal data in the scope of: e-mail address, name and surname, telephone number and date of birth for marketing purposes by the administrator and other related entities, in order to inform him about new goods, promotions and services available in the store, especially in the form of a newsletter. The user may withdraw this consent at any time.
- User may express separate consent for the store to send messages to the e-mail address provided with a request to review the purchased goods. User may withdraw this consent at any time.
- In the event that the administrator processes personal data on the basis of consent, the processing period continues until the user withdraws the consent.
- In the event that the administrator processes personal data on the basis of a justified interest of the data controller, the processing period lasts until the cessation of the abovementioned interest (eg the period of limitation of civil claims) or the moment of opposition of the data subject, further such processing – in situations where such an objection is in accordance with the law.
- If the administrator processes personal data, due to applicable law, the periods of data processing for this purpose are determined by these provisions.
§5. Service area
- Administrator, as part of the website, offers the possibility:
- Reading by the users about information and news posted by the administrator or by other users.
- Sales of goods via the transaction platform.
- Posting blogs.
- Promoting products put up for sale.
- Users and third parties have the right to use the content posted on the site, only within and under the fair use of their own, with the correct indication of the source and author of the cited information.
- Administrator has the right to remove the infringer and these regulations.
- Administrator as part of the website provides registered users with an industry-wide transactional platform, under which users will be able to conclude sales contracts.
- Through the transaction platform, it is possible to sell both new and used goods, but these can only be goods that are artistic handicrafts, ethnic objects, cosmetics, foodstuffs – admitted to legal trade on the territory of Poland.
- As part of the auction platform, the administrator enables the following forms of transactions:
- Negotiate under which the seller of the user gives the buyer the opportunity to propose a purchase price.
- Buy now as part of which the seller of the user offers the remaining users the product or service for a predetermined price. These advertisements may be single or multi-purpose.
- It is forbidden to issue offers of goods whose trade violates applicable law or third party rights (in particular copyrights and other intellectual property rights), as well as goods that do not meet the conditions referred to in article 6.2 and whose issuance may be considered as violating good manners.
- Goods sold through the platform must be described in detail. The user issuing the advertisement is responsible for any errors or inaccuracies of such description.
- All offered amounts are gross prices (including VAT). It is not allowed to add other costs to the final price, with the exception of clearly defined fees, i.e. transport / mail charges (packaging and postage costs).
- Offer should be placed in the category that most accurately describes the offered product.
- Duration of the offer depends on the will of the seller and amounts to 30, 60 or 90 days, respectively.
- During the sale offer, buyers may ask questions to the seller directly via the contact form.
- During the sale offer with the "negotiate" option, the seller sets the nominal selling price and the minimum price at which he is willing to take possible negotiations.
- End of the sale offer follows either the expiration of the period for which the offer has been issued or as a result of the purchase of the product through the buy now option, or negotiate.
- Upon completion of the offer of sales, a sales agreement is concluded between the seller and the buyer.
- Administrator is entitled to charge for providing the platform.
- Amount of fees for the use of website resources: – conclusion of a sales transaction – commission on sales is 10% of the final price.
§8. Complaint procedure
- Complaints regarding the operation of the website can be reported electronically by sending an email to firstname.lastname@example.org, or by mail to the administrator's address.
- Complaint should include the person lodging the complaint (name, surname, address, etc.), the transaction identification, e-mail address and description of the event that caused the complaint.
- Complaints will be considered within 14 business days from the date of receipt of the notification to the administrator.
- Administrator undertakes to ensure the highest quality of services rendered. Administrator is not responsible for any disruptions in the functioning of the website caused by force majeure, equipment failure or unauthorized interference by users. In connection with the above, the administrator is not liable for any damages and lost profits of users arising for reasons attributable to the users.
- Administrator is not responsible for the content transmitted and published by users. Administrator reserves, however, the right to: shorten texts, edit or delete content prohibited by law, vulgar, offensive or otherwise violate good customs.
- Administrator is not responsible for the users' activities on the website or for improper performance or non-performance of any agreements concluded within the platform, and is not responsible for the consequences of actions taken by users and third parties that constitute a breach of the regulations. The users are only responsible for the goods issued by the users at auctions on the website.
- By providing the platform as part of the service, the administrator allows for conducting transactions within the website, but does not bear responsibility for physical and legal defects of the goods, transaction security and veracity of descriptions of the goods offered to users of the website.
- Administrator reserves the right to remove or block user accounts that violate the law or these regulations. Administrator also reserves the right to remove or block user accounts that sell contrary to the provisions of these regulations and to verify or delete offers that raise doubts as to compliance with the regulations or the law.
§10. Final provisions
- Regulations come into force on 1 April 2013.
- Service provider has the right to unilaterally amend the regulations. Amendments to the regulations come into force after 7 days from placing the amended regulations on the website.
- Service provider will notify the customer about the change in the regulations electronically.
- In the case referred to in item 2 of this section, the client has the right within 14 days from the date of receipt of information about the change to the regulations for deregistration from the system. If he does not, it is assumed that the client has accepted the amended regulations.
- Regulations and contracts for the provision of services by electronic means are subject to Polish law.
- All disputes arising from the regulations or contracts for the provision of services by electronic means will be settled by a polish court of law.
- In matters not covered by the regulations, the provisions of the act on the provision of electronic services, the act on the protection of personal data, the civil code and other mandatory provisions of law shall apply.