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Terms and Conditions

TERMS AND CONDITIONS

 

I General provisions

§1

Definitions

ADMINISTRATOR, SERVICE PROVIDER

The administrator, i.e. the entity deciding on the purposes and means of processing personal data is SANTA Piotr Zielawski NIP: 5361633278, REGON: 147121184 Rejtana 12 Street, 05-126, Nieporęt (Poland)
- based on an entry in the Central Register and Information on Economic Activity. The service provider, i.e. the entity carrying out the service ordered through the Website is SANTA Piotr Zielawski NIP: 5361633278, REGON: 147121184 Rejtana 12, 05-126 Nieporęt (Poland)
- based on an entry in the Central Register and Information on Economic Activity.

ADDRESSEE

The person who is the addressee of the letter from Santa Claus or video from Santa Claus or a personalized calendar, ordered by the Customer through the Website.

PERSONAL DATA

Data provided by the Customer to provide a paid or free service. Personal data collection on the website should be understood as: - name and / or surname - e-mail address - residential address - recipient's data - telephone number – photos

ELFI SANTA CLAUS  

The registered name (brand) of the online store available at https://www.elfisanta.com hereinafter referred to as Service, Elfi or Santa.

DATA PROTECTION OFFICER  

Piotr Zielawski - a person appointed to monitor compliance with the personal data protection rights of customers using the Elfi Santa Claus website. Contact: [email protected]

CUSTOMER 

The person who ordered the Santa service in the form of a letter from Santa Claus or video from Santa Claus or a personalized calendar or set up a Customer Account (without making a purchase or at the end of the purchase) via the Website, thereby providing the Customer Account holder data or the details of the customer and recipient.

CONSUMER

A consumer is a natural person who performs with the entrepreneur a legal act not related directly to his business or professional activity.

CUSTOMER ACCOUNT

Access to resources created by SANTA Piotr Zielawski under a unique name (login - e-mail address provided during registration or downloaded from Facebook account) by the Customer or User at https://www.elfisanta.com.

REGULATIONS

This document.

REGISTRATION 

Account creation procedure at http://www.elfisanta.com 

WEBSITE

The Website available at https://www.elfisanta.com enabling the purchase of letters and videos from Santa, creating a free personalized calendar or setting up a Customer Account.  

SERVICES

The service is to provide clients with the following functions and products on the Website. In the case of products that require sending personal data * to SANTA Piotr Zielawski, the Website user becomes a Customer regardless of the payment for the selected product:

a) Paid service: - video purchase * - purchase of a paper letter *

b) Free service:

- personalization and calendar download *

- adding comments / opinions *

- creating a Customer Account on the Website *

- downloading coloring pages

- downloading wallpapers

§2

Additional information

  1. The Regulations set out the conditions for the operation of the Elfi Poczta Mikołaja website available at https://www.elfisanta.com In matters not covered in these regulations, the provisions of the Civil Code and other relevant legal provisions shall apply.
  2. None of the services or functions of the https://www.elfisanta.com website may be used for illegal purposes.
  3. Detailed information on the regulations contained in the Regulations has been presented in the Privacy Policy at https://www.elfisanta.com/privacy-policy 

 

II Using the Website

§1

 General information

  1. The use of paid services or a personalized calendar on the Website requires registration.
  2. As part of using the Website's functions, the Customer or User may: - place an order for the products offered in the store - subscribe to the Newsletter - set up a Customer Account - leave product and store reviews - send an inquiry via the form on the store's website - use the free parts of the website ( personalized calendar, wallpapers, coloring pages) To order the Newsletter, please provide your name and email address to which the Newsletter will be sent. Newsletter subscription means that you agree to receive commercial information to the e-mail address provided in accordance with the provisions of the Act on the provision of electronic services.
  3. The Customer may opt out of receiving the Newsletter by sending relevant information from the e-mail address from which the subscription was ordered to the address: [email protected], using the 'Unsubscribe' function at the bottom of each email or by deselecting the 'Newsletter' function after logging into your Customer Account.
  4. The customer contacting the Website using the contact form on the Website provides SANTA Piotr Zielawski with mandatory data in the form of an email address and name, and voluntarily in the form of a phone number, surname, order number. The data sent via the form: - are used only to make contact to answer - they are deleted immediately after the end of the Elfi sales season - they are not used for marketing activities
  5. Technical requirements necessary to cooperate with the ICT system used by the Service Provider are as follows: a) minimum screen resolution of 1024x768 pixels b) connection to the Internet c) properly installed web browser that supports HTML5 standard and CSS3 cascading style sheets technology d) enabled JavaScript and Cookies support e) an active e-mail inbox f) program for playing video files g) the latest version of Adobe Flash plugin.
  6. Customer Account Management:

a) The Customer may independently close the Customer Account from the Website at any time by logging in to the account and clicking "Delete Account". This results in the removal of:

- personal data (including email address from the Service database) - account closure

- * permanent deletion of online products (video, calendar) * SANTA Piotr Zielawski does not store backup copies of electronic products.

b) The Customer may at any time unsubscribe from the Newsletter by clicking "Unsubscribe from the Newsletter" after logging into his account

c) The Customer may freely edit his data by clicking the "Edit" button after logging into his account

d) The Customer may change your account password by clicking "Change password" after logging into your account. 

§2

Rules for adding comments (opinions)

The customer can add comments to published materials in the store or about the functioning of the store.

  1. The Service Provider reserves the right to delete comments not related to the theme of the store.
  2. It is prohibited to add comments contrary to the provisions of applicable law or with decency, in particular those containing offensive or vulgar words or phrases, inciting violence, slandering other people or groups of people.
  3. The Service Provider is ot responsible for the content added by website users. All liability in this respect is borne by the User or Customer who added the content.      

§3

Personal data

  1. The Service Provider is the administrator of personal data of the following categories of people:
    a) persons who have registered an Account on the Website;
    b) people who order Santa services in the form of a letter from Santa Claus or video from Santa Claus or a personalized calendar via the Website (Customers)
    c) persons who have added a comment or opinion on the Website regarding the Website or services provided by the Service Provider;
    d) persons who have agreed to receive the Newsletter;
    e) people who sent a message via the contact form available on the Website; f) people who are recipients of letters from Santa Claus or videos from Santa Claus or personalized calendars, ordered by the customer via the Website (recipients)
    g) people who submitted a missing name request through the Website
    h) people who submitted a bug report through the Website
  2. The Service Provider ensures the implementation of the requirements arising from Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (general regulation on data protection; GDPR) and the Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2018, item 1000).
  3. The Service Provider takes special care to protect the personal data being processed, and in particular ensures that the data collected by it are processed in accordance with the law, fairly and transparently, collected for specific, explicit and legitimate purposes and not further processed in a manner incompatible with these purposes, adequate, relevant and limited to what is necessary for the purposes for which they are processed, correct and updated if necessary, stored in a form that allows identification of the data subject for no longer than necessary for the purposes for whose data is processed, processed in a way that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organizational measures.
  4. All issues related to the protection of personal data have been regulated in detail in the Privacy Policy.
  5. Ordering the service in the form of a letter from Santa Claus or video from Santa Claus or a personalized calendar may involve the Customer providing personal data other than the Customer of the recipient. In such a situation, the Customer is obliged to inform the Recipient about the sharing of his personal data with the Service Provider in order to perform the contract for the provision of services concluded between the Customers and the Service Provider. If the Addressee is a minor, and the Customer is not the legal representative of such Addressee, the Customer undertakes to notify the sharing of data of such Addressee also his legal representative.
  6. The Customer is obliged to provide the Recipient with the information referred to in art. 14 GDPR (in particular: data of the Service Provider, contact details of the personal data inspector, purposes of personal data processing, legal basis for processing, categories of relevant personal data, processing period, information about rights), located in the Privacy Policy regarding the processing of personal data by the Service Provider recipient. If the Addressee is a minor and the Customer is not the statutory representative of such Addressee, the Customer undertakes to provide the information referred to above also to the legal representative of such Addressee. The information referred to above will be provided at the latest when the Service Provider performs the service ordered by the Customer via the Website.
  7. If the Addressee is a minor and the Customer is not the statutory representative of such Addressee, the Customer guarantees that at the time of placing the order via the Website, he obtained voluntarily the consent of the Recipient's statutory representative for the Service Provider's use of personal data of the minor Addressee in order to perform the contract for the provision of services concluded between the Customer and the Service Provider and carried out for the benefit of the Addressee, in particular in order to create and deliver to the Recipient the letter ordered by the Client from Santa Claus or video from Santa Claus or a personalized calendar.
  8. The Customer declares that he provided the recipient's personal data (including the image in the case of a video from Santa Claus or a personalized calendar) and their use by Santa to process the order via the Website does not infringe in any way the rights of third parties, in particular the personal rights of the Addressee or his statutory representative and the copyright to the photo on which the image of the Addressee is recorded and that he obtained all necessary consents of data subjects for their use under the order placed via the Website.
  9. The Customer declares that the e-mail address provided in the order form, to which all correspondence regarding the order will be sent, and in the case of ordering a video from Santa Claus - a link to a video, and in the case of a personalized calendar - a file with a personalized calendar, is his email address.
  10. In matters of dispute or regulating the processing of personal data, the Customer should address questions to the Data Protection Inspector at [email protected]    

 

III Order fulfillment

  1. Orders from customers are accepted via the website https://www.elfisanta.com 7 days a week, 24 hours a day during the sale.
  2. The Customer may place orders after logging in using the order form available at https://www.elfisanta.com.
  3. In order to place an order on the Website using the order form, the Customer should follow the order submission instructions available on the Website.
  4. In the case of providing incorrect or incomplete data, the Service Provider has the right to cancel the order and automatically refund the payment to the customer's account.
  5. In order to correct the address data entered incorrectly in the order form, please contact the Service Provider by e-mail at: [email protected].
  6. Placing an order is tantamount to consent to the storage and processing by SANTA Piotr        Zielawski based at Rejtana 12 Street, 05-126 Nieporęt (Poland) personal data contained in the order in accordance with applicable provisions of the Personal Data Protection Act of August 29, 1997 (Journal of Laws of 2002, No. 101, item 926 consolidated text, as amended .). The goods sold by SANTA Piotr Zielawski are:
  • a letter from Santa in two versions:

a) GOLD version

b) STANDARD version

  • video from Santa:

a) video for an adult only in a single version

b) video "Elves’ dance" in single and collective version

c) video "Santa's Christmas Tree" in single and collective version

d) video "Clumsy the Elf" in the single and collective version

e) video "Santa's House" in the single and collective version  

f) video "Christmas Eve" in the version single and collective

  1. The goods made available free of charge by SANTA Piotr Zielawski  are:
  • coloring pages in the .jpg version to be downloaded from the Website
  • wallpapers in the .jpg version to be downloaded from the Website
  • * personalized calendar in pdf format to be created on the Website * Implementation of the service (creating and sending the product electronically to the e-mail address) requires providing the e-mail address and name. By downloading a personalized calendar, the Website user becomes a Customer with the Customer's Account on the Website assigned to the email address. 

8. Delivery method of ordered products:
a) video products are delivered only by e-mail to the address provided by the Customer

b) letters are delivered by traditional post (priority letter) to the delivery address provided by the Customer; the service is carried out at the first stage by Poczta Polska, then by the U. S. Mail 

c) other products, free products from the website are downloaded directly by the Customer from the Website

d) a personalized free calendar is sent to the Customer automatically after being generated by the Website to the e-mail address provided by the Customer. All electronic products are stored in a timely manner on the Customer's Account, from where they can be downloaded. Payment methods:

  • direct transfer from the Customer's account to the SANTA Piotr Zielawski account
  • when finalizing the order, select the Postal form, which will generate an individual account number for payment
  • fast PayPa/PayLane payments Payments for services ordered on the Website are carried out in British pound currency. In the event of payment by the Customer from a foreign account, additional fees regarding currency conversion shall be borne by the Customer in accordance with the exchange rate of the Customer's bank. These fees are not included in the refund of any withdrawal.

9. Removing products from servers. Video products are products with limited time availability. This means that SANTA Piotr Zielawski reserves the right to remove the video from its servers with prior notification of the client. SANTA Piotr Zielawski does not backup clients' video files and does not store them. After deleting files from the server, you cannot recover them. In order to save the purchased file, the customer is required to download the video from the site http://www.elfisanta.com and save it on a private medium. Failure to save the video file by the customer cannot be the basis for initiating a complaint. Information on the removal of video products is sent by SANTA Piotr Zielawski at least one month in advance by:

  • placing information on the Customer Account, which is visible to every customer after logging in - sending bulk mailing with a reminder
  •      through the appropriate annotation on the Customer Account under the video product.         Availability of products. In order to place an order correctly, the Customer must have an       updated browser depending on the device on which he makes the purchase:
         a) from stationary devices:
  •     Chrome version 67 or older.
  •     Firefox version 60 or newer
  •     Apple Safari version 12.0 or older.
  •     Microsoft Edge 40 or older.

           b) from mobile devices:

  • - Firefox mobile version 60 or newer.
  • - Chrome mobile version 67 or newer.
  • - Apple Safari mobile version 12.0 or older. 

 

IV Returns and complaints

  1. Pursuant to the provisions of the Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws No. 22, item 271), the Customer who is a Consumer may withdraw from the contract concluded without a reason. distance from the Service Provider within 180 (one hundred and eighty) days of receipt of the goods.
  2. SANTA Piotr Zielawski is responsible to the Customer who is a Consumer for non-compliance of the goods with the sales contract to the extent specified by the provisions of the Act of 27 July 2002 on special conditions of consumer sales and amending the Civil Code (Journal of Laws No. 141 of 2002 , item 1176, as amended).
  3. In order to obtain a refund for the purchased product, the Customer must send a correctly completed Withdrawal from the Agreement by e-mail to [email protected] Failure to provide all the required data in the Withdrawal from the Agreement will result in rejection of the complaint due to the lack of identification of the Customer and / or the inability to implement return transfer. The customer can only request a refund for an order placed in person *. * Applications and refunds carried out on behalf of another person or on data of a person other than the Customer are rejected.
  4. Data required to process the return:
  • name and surname
  • order numbername and quantity of the advertised products
  • bank account number including IBAN
  • the amount of the refund (however not greater than the final purchase price)
  • legible signature of the Customer In the case of a paper letter, do not send it to the company address.

a) Return of a paper letter:

  • the amount of return includes the final price of the product
  • the Customer has the right to stop the product the return takes place within 14 days of confirmation by the Service staff of the withdrawal from the Agreement

b) Video return:

  • the refund amount includes the final price of the product
  • the video product is permanently removed from the Customer Account
  • the return takes place within 14 days of confirmation by the Service staff of the withdrawal from the Agreement 
  1. Refunds are made in British pound crrency. If you want to receive a refund in a different currency, the customer bears the cost of currency conversion.
  2. The ready template for Withdrawal from the Agreement can be downloaded from the Website at  https://www.elfisanta.com/complaints-and-refunds.html

 

V Deleting account

  1. Removal of the Customer Account results in:
  • complete deletion of data from the SANTA Piotr Zielawski database (except for the situations contained in the Privacy Policy, i.e. submission of tax returns, protection against claims, etc.)
  • - complete and irreversible removal of digital products
  • - complete and irreversible removal of the preview of purchased products
  • - deleting the email address from the Newsletter database.

 

VI Invoices and receipts

  1. The SANTA Piotr Zielawski company does not issue fiscal receipts for purchased products.
  2. SANTA Piotr Zielawski does not issue pro-forma invoices.
  3. The customer has the right to send an application for issuing a VAT invoice for the purchased products, not later than 90 days from the date of finalizing the purchase. For this purpose, the Customer must send to [email protected] information with a request to issue an invoice stating the order number and indicate the products to be included in the invoice. 
  4. Invoices may be issued for:  a company, a private person.
    For a business entities, please provide:
    a) buyer details
    - Tax Identification Number
    - full company name
    - full business address
    b) recipient's name
  5. In the case of a private individual request, please send:
  • buyer's first and last name
  • full address of residence

The invoice is sent by the 10th day of the following month to the Customer's e-mail address. 

 

VII Security

  1. All data collected by SANTA Piotr Zielawski is protected using rational technical and organizational measures as well as security procedures to protect them against unauthorized access or unauthorized use.

 

VIII Change of provisions

  1. If necessary, SANTA Piotr Zielawski may amend the provisions of these Regulations.

 

IX Final Provisions

  1. The court having jurisdiction to settle disputes arising from the contracts concluded by Consumers via the online store is the court having jurisdiction under Polish law.
  2. The court having jurisdiction to settle disputes arising from the contracts concluded by Entrepreneurs via the online store is the court in whose district the Service Provider's registered office is located.
  3. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular the Civil Code, the Act on special conditions of consumer sales and amendment to the Civil Code (Journal of Laws No. 141 of 2002, item 1176 as amended), the Act on electronic services (Journal of Laws No. 144 of 2002, item 1204, as amended), Personal Data Protection Act (Journal of Laws of 2002, No. 101, item 926, as amended) and the Act on protection certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws No. 22 of 2000, item 271, as amended).
  4. The provisions of the Regulations do not exclude or limit any rights of Users and Customers who are Consumers within the meaning of the provisions of the Civil Code, which they are entitled under generally and mandatory provisions of Polish law. In the event of a conflict between the provisions of the Regulations and these provisions, priority shall always be given to generally and absolutely applicable provisions of Polish law.
  5. These Regulations shall apply from 25/05/2018.  
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