Terms and conditions
The following Terms of Use govern the rules of purchasing from the on-line store found at avst-mag.com
The online store manager is AVST ANDREI VRUBLEUSKI with her business site located in Poznan, who is the sole proprietor and manager of this online store.
The following Terms of Use apply to the Seller and all Customers ordering from and making purchases at avst-mag.com
I. Definitions
1. Seller – AVST ANDREI VRUBLEUSKI with the business site located in Poznań (61-521), Kosinskiego street, Register of Companies No. 000207890/2021, Tax Identification Number (NIP) 7831830340, Company Registration Number (REGON) 388035880, e-mail address: avstmag@gamil.com;
2. Store – avstmag online store available at https:// avst-mag.com/, operated by the Seller being a sales platform, through which the Seller:
a) provides Store functionality and services to Users;
b) solicits conclusion of distance contracts of sale of Goods;
enables Users to become acquainted with the Goods offered by the Store. Through the Store, the Seller makes available adequate system, ICT and technological tools to provide the foregoing services.
3. Store Website – the website available at https:// avst-mag.com/
4. Terms and Conditions – these Terms and Conditions, setting out rules for the use of the Store, in particular the rules for the conclusion of contracts of sale of the Goods offered by the Store, the rules for performance thereof, and the rules of the complaint procedure.
5. User – a natural or a legal person, or an organisational unit without legal personality, who uses Store functionalities.
6. Client – a User who has entered into contract of sale with the Seller.
7. Consumer – a User being a natural person and performing a legal action with the Seller that is not directly related to the business or professional activity thereof, in particular entering into a contract of sale through the Store.
9. Goods – movables offered by the Store that may constitute the subject matter of a contract of sale between the User and the Seller.
10. Contract of Sale – a contract of sale of Goods concluded between the User and the Seller through the Store pursuant to the provisions of the Terms and Conditions.
11. GDPR – Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
12. Proper law – the proper law for obligations arising from the concluded sale agreements of Products are Polish rules of law. In case of contracts agreed with Customers of non-Polish residence the proper law governing the contracts will conform with the European Parliament and the Council of the European Union regulation (WE) no. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Polish Journal of Laws UE L 177 of 4 July 2008) and the decisions of these Terms of Use are in accordance with the European Parliament and the Council of the European Union directive 97/7/WE of 20 May 1997 on the protection of consumers in respect of distance contracts (Polish Journal of Laws WE L 144 of 4 June 1997);
13. Legal provisions – The Civil Code Act of 23 April 1964 (Polish Journal of Laws of 1964 no. 16 item 93 as amended), 27 July 2002 Act on specific terms and conditions of consumer sales and amendments to the Civil Code (Polish Journal of Laws of 2002, no 141, item 1176 as amended); 2 March 2000 Act on protection of certain consumer rightsand liability for damage caused by a hazardous product (Polish Journal of Laws of 2000, no. 22, item 271 as amended), 29 August 1997 Personal Data Protection Act (consolidated text: Polish Journal of Laws of 2002r., no. 101, item 926 as amended).
II. Preliminary provisions.
1. The Seller uses technical and organisational measures appropriate to the degree of risk, including measures used to prevent acquisition and modification by unauthorised persons of data transmitted over the Internet, in order to ensure security of messages and data provided at the Store.
2. On the Store Website, the Seller presents Goods belonging in particular to the following categories: used / new men’s and women’s clothing, clothing accessories (in particular: hats, gloves, scarves, sunglasses), jewelry, magazines, ceramic products, applied arts.
3. The Seller reserves the right to display on the website the photographs of Products of slightly different colours than the original ones. Photographs and other forms of visualization and presentation of Products presented on this website do not show the real size of Products and are for illustrative purposes only.
4. The Seller carries out the sale of the Goods through the Store with the use of the Internet.
5. Upon the User’s expression of will to be bound by a Contract of Sale (by means of placing an order) at the latest, the Seller shall provide the User, via the Store Website, with information on the main features of the Goods; information on the Goods offered by the Seller, detailed descriptions thereof identifying the main features thereof is provided under each of the Goods displayed on the Store Website.
6. The User shall use the Store without disrupting its operation, in compliance with the law, provisions of the Terms and Conditions, morality and respect for the rights and personality rights of others. The User shall be prohibited to provide illegal content.
III. Ways of communication
1. The Seller provides information on matters related to Store queries, including contracts of sale, at the following telephone number: +48 669931024. The fee for one call shall be as per the operator’s tariff.
2. With respect to the fulfilment of the order placed, including the need to specify the details of the order placed, the Seller may contact the User via electronic mail or phone, with the latter only possible if the User has provided a contact phone number.
IV. Final amount to be paid.
1. Prices of Goods on the Store Website are stated in EUR, USD and PLN, and they are gross prices, i.e. they include taxes, including the tax on goods and services (VAT), but they exclude the Costs of Delivery of the Goods.
2. The Costs of Delivery of the Goods include, among others, fees for postal services, and they depend on the form of payment selected by the Client and the value of the Prices of Goods in the order placed.
3. The final amount to be paid for the order placed shall include the Price of the Goods and the Costs of Delivery of the Goods.
4. The User shall be notified of the final amount to be paid on the Store Website when placing the Order, also directly prior to and upon order confirmation and placement. They are the total costs that the User shall pay, including applicable taxes. The final amount to be paid shall be indicated in the message confirming order receipt.
5. All prices may be subject to change and the Seller reserves the right to organize (hold, modify and cancel) promotional actions in the Store. The price displayed next to the Product at the time of purchase by the Customer will govern the sale of this Product and will be binding for both parties of the sale agreement.
V. Placing orders
The Seller sells Products at the Store by using the Internet network.
The website and the information regarding Products available from the online Store do not constitute an offer as provided for by the Civil Code and should be treated only as an invitation to enter into sale agreement.
In order to buy the Product the Customer makes an offer of purchase by filling in the order form.
The Product sales agreement is considered effective on the date the Seller sends an e-mail to the Customer confirming the shipment of the ordered Product.
Once the Customer has placed an order, if he has supplied the Seller with his e-mail address in registration form, the Customer will receive the order confirmation from the Seller.
VI. Order change or cancellation
The Seller allows for the Customer to make changes to the placed order only before the Seller has sent an e-mail to the Customer’s e-mail address confirming the dispatch of a Product.
Until the abovementioned e-mail has been sent by the Seller the Customer may also cancel the placed order.
VII. Order fulfilment time
Order processing my take up is from 10 to 14 working days.
The Seller processes the orders within lead times specified above however, the orders placed after 4 pm on a working day as well as on non-working days (Saturdays, Sundays, holidays) will be handled as orders made on the next working day and since that day lead time will be calculated.
In exceptional cases e.g. when the ordered Product is not available from the Store the Seller may have extended lead times of which the Customer should be notified in the e-mail confirming order processing. In this case no changes or cancellations made by the Customer within two working days from the receipt of the e-mail from the Seller will mean the acceptance of the extended lead times, according to the Seller’s predictions.
Working days are considered to be weekdays excluding non-working days (holidays).
The ordered Product will be dispatched from the Seller by a courier or Polish Post.
Product delivery charges are to be borne by the Customer.
Product delivery charges differ depending on the country of destination.
The Seller reserves the right to change the delivery charge of a particular order due to its value, number of Products, particular type of a Product requiring a special packaging etc.
Product delivery charges to the locations outside the territory of Poland, as well as the final costs of delivery to the locations within the territory of Poland will be provided each time by the Seller in the e-mail confirming the order.
The Seller bears no responsibility for delays of delivery for reasons beyond their control and which were not their fault. If the Seller possesses information of such a cause they will notify the Customer immediately and provide them with the predicted delivery time.
VIII. Methods of payment
The Store accepts the following methods of payment:
1. Payments are serviced by Blue Media S.A which is located in Sopot at Powstańców Warszawy 6, KRS nr 0000320590, NIP: 585-13-51-185;
Available payment methods:
Credit cards:
* Visa
* Visa Electron
* Mastercard
* MasterCard Electronic
* Maestro”
2. Paypal
IX. Bills , sale agreement confirmations
Bills, sale agreement confirmations
All sale transactions of Products made at the Store are accompanied by proofs of sale in the form of bill.
Pursuant to 27 July 2002 Act on specific terms and conditions of consumer sales and amendments to the Civil Code regarding the sale of Product at the price exceeding PLN 2000 (two thousand) the Seller will inform the Customer (natural person, buying the Product for reasons unrelated to business or professional activity) in writing about all important decisions of the concluded Product sale agreement. This information will be delivered by the Seller to the Customer together with the purchased Product.
Pursuant to Article 5 of Directive 97/7/WE of the European Parliament and the Council of 20 May 1997 on the Protection of Consumers in respect of Distance Contracts (OJ WE L 144 of 04 June 1997) if the Customer purchasing Products resides in a European Union country other than the Republic of Poland the Seller will additionally provide the Customer with written information on conditions and procedures regarding rescission of the agreement at the latest on the day of Product delivery.
X. Rescission of the sale agreement and return of Product
In accordance with Art. 7 Act on protection of certain consumer rights and liability for damage caused by a hazardous product the Customer may cancel the sale agreement without having to provide reasons.
In order to cancel the sale agreement the Customer should provide the Seller with a written notice of sale agreement rescission, no later than 14 (fourteen) days from the date of Product receipt. The notice of sale agreement rescission must be sent to the postal address of the Seller’s business site.
In case of cancelling the sale agreement the agreement is considered null and void, the Seller will provide the Customer with a full refund of the purchase price and the Customer will return the Product which has not been used in any way and shows no signs of wear.
The Product should be returned immediately after the notice of sale agreement rescission has been sent, no later than 14 days after the Customer has cancelled the order.
The returned Product will be accepted by the Seller only if sent in the original, packaging including all contents and it will show no signs of use, alteration etc.
The Seller does not accept COD shipments.
In the notice of rescission of Product sale agreement the Customer must provide the Seller with the bank account number and the Seller will refund the Customer with the amount paid.
The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him.
Failure to provide the Seller with the bank account number will result in Seller transferring the due amount to the same bank account which was charged at the time of purchase – in case of bank transfer, or by postal money transfer to the Customer’s postal address.
The Customer will be refunded within fourteen days from the date of sale agreement rescission and receipt of the Product by the Seller.
XI. Privacy policy
1. AVST-MAG shall be the controller of the personal data (in the meaning of Article 4 (7) of the GDPR) of Users using Store functionalities.
2. Users’ personal data may be processed for the following purposes and based on the following legal grounds:
1.1 accepting orders and performing contracts of sale (data processing legal grounds: Article 6 (1) (b) of the GDPR),
1.2 ongoing communication in matters related to the orders placed, inclusive of the confirmation of the same and information on the status thereof (data processing legal grounds: Art. 6 (1) (b) of the GDPR);
1.3 examining complaints related to the concluded contracts of sale (Article 6 (1) (b) of the GDPR);
1.4 examining complaints related to the concluded contracts for the provision of services by electronic means – in the situation wherein the User has entered into such a contract with the Seller pursuant to the rules specified herein (Article 6 (1) (b) of the GDPR);
1.5 accepting notifications and queries directed at the Seller, other than complaints and matters related to the contracts performed (e.g. via contact details indicated on the Store Website), which constitutes the Seller’s legitimate interest (data processing legal grounds: Article 6 (1) (f) of the GDPR);
1.6 accepting declarations of withdrawal from distance contracts of sale pursuant to the provisions hereof and the provisions of Section 4 of the Act dated 30 May 2014 on consumer rights, which is the Seller’s legitimate interest (data processing legal grounds: Article 6 (1) (f) of the GDPR);
1.7 handling complaints, bringing and defending against claims, exercising extrajudicial methods for handling complaints and bringing claims, which is the Seller’s legitimate interest (data processing legal grounds: Article 6 (1) (f) of the GDPR);
1.8 conducting statistical analyses, which is the Seller’s legitimate interest (data processing legal grounds: Article 6 (1) (f) of the GDPR);
1.9 storing data for archiving purposes and to demonstrate correct fulfilment of legal obligations imposed on the Seller, which is the Seller’s legitimate interest (data processing legal grounds: Article 6 (1) (f) of the GDPR);
1.10 storing data in the form of cookies, collecting data from the Sore Website and the Store mobile version, if a particular individual has expressed a separate consent thereto pursuant to the terms of the Cookies Policy applicable on the Store Website,
3. The Seller shall provide each User with the right to exercise all of their rights under the GDPR, i.e. the right to request access to the personal data thereof, the right to rectify, delete or demand restriction of processing thereof, the right to data transfer, and the right to object to the processing thereof, on the terms and in the cases provided for in the provisions of the GDPR.
4. In the case of the Seller processing personal to realise a legitimate interests thereof (specified hereinabove), each User shall have the right object to data processing for reasons relating to a specific situation thereof.
5. Data processed to realise a legitimate interest consisting in the Seller carrying out direct marketing shall be processed solely until objection to this form of processing. The User shall have the right to object to the processing of the personal data thereof for direct marketing purposes, including profiling, at any time.
6. In the event of the Seller processing personal data pursuant to a consent given by the User, any individual shall have the right to withdraw the consent to the processing of the personal data thereof at any time, which shall not affect legality thereof preceding the withdrawal.
7. Provision of personal data with respect to:
1.1 Users placing orders through the Store – to place and enable the Seller to fulfil the same (and, consequently, to conclude a contract of sale), it shall be required to provide the following data: first name, last name, address of residence (or another address for delivery), e-mail address, telephone number. A failure to provide the same shall result in the inability to accept the order (and, consequently, to conclude a contract of sale);
1.2 Users submitting a declaration of withdrawal from a contract of sale – to submit a declaration of withdrawal from a distance contract of sale, it shall be required to provide the following data: first name, last name, e-mail address, address of residence (street, house / apartment number, postal code, town / city (post office)), telephone number, order number, bank account number. A failure to provide the same shall prevent effective submission of the declaration of withdrawal from the contract of sale, and a failure to specify the bank account number may prevent the refund,
8. The Seller shall not conduct User data processing operations in an automated manner resulting in decisions having legal effects thereon or similarly and significantly affecting the situation thereof. Possible automated data processing, including profiling, shall be used solely to analyse and forecast individual preferences of Users using the Store.
9. By registering to the Store and providing the data in the registration form for the purpose of order placement and possible claim settlements as well as for information and marketing purposes (presenting offers of products sold at the Store) the Customer expressly agrees to have his data stored and processed.
The gathered data is not processed or used for any other purpose by the Seller.
The Store processes Customer’s data fairly and lawfully.
The Store does not transmit, sell nor share Customer’s personal data to other parties.
Pursuant to Personal Data Protection Act the Customer has the right to access, change his data, delete or demand to have the processing of personal data ceased. The Customer may agree to receive e-mail information regarding the Seller’s offer as well as her business and creative activities.
XII. Final provisions
1. The Terms and Conditions shall be made available on the Store Website at https://avst-mag.com/ in a form enabling obtainment, viewing and recording of the same with the User’s ICT system.
2. Provisions hereof are not designed to restrict or exclude any Users’ rights under the law. The Seller shall respect any and all Users’ rights stipulated in applicable laws, in particular those stipulated in the provisions of the Act dated 23 April 1964 – the Polish Civil Code, and the Act dated 30 April 2014 on consumer rights.
3. The Seller stipulates the right to amend these Terms and Conditions for important reasons covering:
– amendments to the law
– organisational reasons, in particular:
a) changes in the scope of activities carried out by the Seller, consisting in changes in the profile thereof, changes in the scope of the Goods offer, introduction of new services or functionalities (including those related to the conclusion and termination of contracts and agreements),
b) changes in: contact data, name or legal form of the Seller,
c) changes in the range of payment methods,
d) changes in the methods of delivery of Goods,
e) other technical changes related to the functioning of the Store.
4. Each User shall be informed of the content of the amendments to the Terms and Conditions by means of information made available on the Store Website at https://avst-mag.com/
5. Amendments hereto shall not enter into force with respect to a particular User earlier than following 7 calendar days of the date of their having been informed of the same in the proper manner.
6. The Online Store Terms and Conditions shall apply as of 01.02.2022