Terms and conditions

These Regulations set forth the general terms and conditions, rules and manner of sales conducted by Marcin Klytta, SW166QU, London, 366 Southcroft Road, NIP 9582244724, through thetarotbeyond.com online store (hereinafter referred to as the “Online Store”, “Seller” or “Administrator”), and define the terms and conditions for the provision of free services electronically.

§1 Definitions
⦁ Administrator – also referred to as the Seller.
⦁ Working days – days of the week from Monday to Friday, excluding public holidays.
⦁ Delivery – the act of delivering to the Customer by the Seller, through the Supplier, the goods specified in the order.
⦁ Supplier – an entity with which the Seller cooperates in making delivery of goods:
⦁ DPD courier company
⦁ DHL courier company
⦁ Inpost courier company
⦁ UPS courier company
⦁ DPD Pickup
⦁ Evri
⦁ Royal Mail
⦁ Customer – an entity to whom electronic services may be provided or with whom a Sales Agreement may be concluded.
⦁ Entrepreneur – a person who conducts business or professional activity and performs a legal act directly related to his business or professional activity.
⦁ Seller – Marcin Klytta, SW166QU, London, 366 Southcroft Road, NIP 9582244724, who is also the owner of the Online Store.
⦁ Goods – a product presented by the Seller through the online store, which can be the subject of a Sales Contract.
⦁ Services – services provided by the Seller to Customers electronically within the meaning of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
⦁ Agreement – a contract of sale concluded remotely, under the terms of the Regulations, between the Customer and the Seller.
⦁ Order – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

§ 2 General provisions
⦁ All rights to the online store, including property copyrights, intellectual property rights to its name, its Internet domain, the store’s website, as well as to the templates, forms, logotypes posted on the site (with the exception of logos and photos presented for the purpose of presentation of goods, the copyrights to which belong to third parties) belong to the Seller, and the use of these rights may be carried out only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.

§ 3 Using the online store
⦁ The Seller shall endeavor to make the use of the Online Store possible for users using all popular Internet browsers, operating systems, device types and Internet connection types. The minimum technical requirements for using the Store’s Website are a web browser of at least Internet Explorer 11, Chrome 39, FireFox 34, Opera 26, Safari 5 or later, with Javascript enabled, accepting cookies, and an Internet connection of at least 256 kbit/s.
⦁ In order to place an order in the Online Store via the Store’s Website or via e-mail and to use the services available on the store’s website, it is necessary for the customer to have an active e-mail account.
⦁ It is forbidden for the Customer to provide unlawful content and use the store, its site or free services provided by the Seller, in a manner contrary to the law, good morals or violating the personal rights of third parties.
⦁ The Seller declares that the public nature of the network and the use of services provided electronically, may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the risks indicated above. Including anti-virus programs to protect the identity of those using the network. The Vendor shall never ask the Customer to share his/her account password or other sensitive data.
⦁ It is not permissible to use the resources and functions of the store for the purpose of conducting activities by the Customer that would harm the interests of the Seller.

§ 4 Registration
⦁ In order to create a customer account, the customer is required to register free of charge.
⦁ Registration is not necessary to place an order in the online store.
⦁ To register, the Customer should fill out the registration form provided by the Seller on the store’s website and send the completed registration form electronically to the Seller by selecting the appropriate function found in the registration form. During registration, the Customer shall set an individual password.
⦁ When filling out the registration form, the customer has the opportunity to read the Terms and Conditions, accepting their content by marking the appropriate box in the form.
⦁ After submitting the completed registration form, the Client receives at the e-mail address provided in the registration form, confirmation of registration by the Seller. From this moment, a contract for the provision of electronic services – “maintenance of the Customer’s account” – is concluded, and the Customer obtains the ability to access the Customer’s account and make changes to the data provided during registration.
§ 5 Orders
⦁ The information contained on the store’s website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a sales contract.
⦁ The customer can place orders with the store via its website or e-mail 7 days a week, 24 hours a day.
⦁ A customer placing an order via the Store Website, completes the order by selecting the Goods in which he/she is interested. The Goods are added to the order by selecting the “ADD TO CART” command under the given Goods presented on the Store’s Website. After completing the order and indicating in the “CART” the method of Delivery and form of payment, the Customer places the order by sending the order form to the Seller, selecting the “Buy and pay” button on the Store’s website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as all additional costs he is obliged to pay in connection with the Sales Agreement.
⦁ Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Contract for the Goods that are the subject of the order.
⦁ Once the order is placed, the Seller sends a confirmation of the order to the e-mail address provided by the customer.
⦁ Subsequently, upon confirmation of the order placement, the Seller sends to the e-mail address provided by the Customer information on acceptance of the order for execution. The information on acceptance of the order for execution is the Seller’s statement of acceptance of the offer referred to in §4 item 6 above, and upon its receipt by the Customer the Contract of Sale is concluded.
⦁ Once the sales contract is concluded, the seller confirms the terms of the contract to the customer by sending them to the customer’s e-mail address or in writing to the address indicated when placing the order.

§ 6 Payments
⦁ The prices on the store’s website listed next to a given Goods are gross prices and do not include information regarding Delivery costs and any other costs that the Customer will be obliged to pay in connection with the sales contract, which the Customer will be informed about when choosing a delivery method and placing an order.
⦁ When ordering home delivery, the customer can pay for the ordered goods in cash on delivery or choose another form of payment:
⦁ bank transfer to the Seller’s bank account (in this case, the execution of the order will begin after the Seller sends the Customer a confirmation of acceptance of the order and after the receipt of funds in the Seller’s bank account);
⦁ electronic payments Przelewy24, PayPal, BLIK, PayU, Stripe, Google Pay, Apple Pay
⦁ In the event of the Customer’s failure to make payment by the due date, the Vendor shall set the Customer an additional deadline for payment and inform the Customer of it.
⦁ In the event of expiration of the second period for payment, the Seller will send the Customer a statement of withdrawal from the Sales Contract under Article 491 of the Civil Code.

§ 7 Delivery
⦁ The Seller performs Delivery, on the territory of Poland and outside the territory of Poland.
⦁ For overseas shipping, please contact +44 7391127077.
⦁ The Seller is obliged to deliver the Goods subject to the Sales Contract without defects.
⦁ Delivery and processing time is calculated in working days and is up to 14 days, which is informed to the customer each time during the order placement process.
⦁ Delivery of digital products is carried out immediately after payment is credited to the bank account.
⦁ Delivery of digital products is made by e-mail to the e-mail address specified by the orderer.
⦁ The Delivery and processing time indicated on the store’s website is calculated in business days.
⦁ The ordered Goods are delivered to the Customer via the Supplier at the address indicated in the order form.
⦁ On the day the Goods are shipped to the Customer, information confirming the shipment by the Seller is forwarded to the Customer’s e-mail address.
⦁ The Customer is obliged to examine the delivered shipment at the time and in the manner usual for shipments of a given type. If any defect or damage to the shipment is found, the Customer has the right to demand that an employee of the Supplier write an appropriate protocol.
⦁ The Seller, in accordance with the Customer’s wishes, shall attach to the shipment being delivered either a receipt or a VAT invoice covering the Goods delivered.
⦁ In the event of the Customer’s absence at the address specified by the Customer, given when placing the order as the Delivery address, an employee of the Supplier will leave an advice letter or attempt to contact the Customer by telephone to arrange a date when the Customer will be present. In the event that the ordered Goods are returned to the store by the Supplier, the Seller will contact the Customer by e-mail or telephone, setting again with the Customer the date and cost of the redelivery.
⦁ The customer should check the condition of the package at the time of collection from the courier. If the package has visible external damage in transit, it is recommended to refuse acceptance of the package, and then contact the indicated phone number +44 7391127077. On the other hand, after paying the amount of collection or receipt of receipt of the package there is also the possibility to open the package, but in the presence of the courier, and if any discrepancies are found, the courier should be asked to draw up a damage report and at the same time keep the document for the Seller. It is also suggested to contact the Seller immediately to verify the situation at +44 7391127077.

§ 8 Warranty
⦁ The Seller shall ensure Delivery of Goods free of physical and legal defects. The Seller shall be liable to the Customer if the Goods have a physical or legal defect (warranty).
⦁ When purchasing digital products, the seller is not subject to the warranty rules.
⦁ If the Physical Goods have a defect, the Customer may:
⦁ make a statement about reducing the price or withdrawing from the Sales Contract, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective Goods with defect-free ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the Goods with defect-free or remove the defects. The Client may, instead of the removal of defects proposed by the Seller, demand that the Goods be replaced with defect-free Goods or, instead of replacing the Goods, demand the removal of defects, unless bringing the Goods into conformity with the agreement in the manner selected by the Client is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessiveness of costs, the value of the Goods free from defects, the type and significance of the defect found shall be taken into account, as well as the inconvenience to which the Customer would be exposed by another way of satisfaction.
⦁ demand to replace the Defective Goods with defect-free or remove the defect. The Seller shall be obliged to replace the Defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience to the Client. The Seller may refuse to satisfy the Customer’s request if bringing the Defective Goods into conformity with the Contract of Sale in a manner chosen by the Customer is impossible or, in comparison with the other possible manner of bringing them into conformity with the Contract of Sale, would require excessive costs. The cost of repair or replacement shall be borne by the Seller.
⦁ The customer who exercises warranty rights is obliged to deliver the defective thing to the Seller’s address.
⦁ The Seller shall be liable under the warranty if a physical defect is discovered before the expiration of two years from the release of the Goods to the Customer. The claim for removal of the defect or replacement of the Goods with defect-free Goods shall be barred by the expiration of one year. If the Customer has demanded replacement of the Goods with defect-free Goods or removal of the defect, the time limit for withdrawal from the Sales Agreement or submission of a statement on price reduction shall begin upon the ineffective expiration of the time limit for replacement of the Goods or removal of the defect.
⦁ Any complaints related to the Goods or the performance of the Sales Contract, the Customer may address in writing to the Seller’s address or e-mail address: info@thetarotbeyond.com.
⦁ The Seller shall, within 7 days from the date of the request containing the complaint, respond to the complaint of the Goods or the complaint related to the implementation of the Sales Contract reported by the Customer.
⦁ The decision will be presented electronically or by telephone.
⦁ The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be filed electronically and sent to the e-mail address indicated for contact. The Customer should include a description of the problem in the complaint notification. The Seller shall promptly, but not later than within 14 days, consider the complaint and provide the Customer with a response.

§ 9 Withdrawal from the Sales Agreement
⦁ The customer has the right to withdraw from the Sales Agreement within 30 days without giving any reason, if the product remains unused until that time.
⦁ In the case of purchase of digital products, § 9, item 1. does not apply. “The consumer, in accordance with Article 38, para. 13 of the Act referred to in paragraph 2, shall not have the right to withdraw from the contract for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right to withdraw from the contract”.
⦁ The deadline for withdrawal from the Contract in the case of tangible Goods expires after 7 days from the day the Customer took possession of the item.
⦁ When withdrawing from the Contract, the Seller should be informed by a letter sent by mail, fax or e-mail.
⦁ In the event of withdrawal from the Sales Contract, it is considered not concluded.
⦁ In the case of withdrawal from the Sales Contract, the Seller shall return to the Customer all payments received from him/her, including the costs of delivering the Goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Customer is informed about his/her decision to withdraw from the Contract.
⦁ The payment will be refunded using the same means of payment used by the Customer in the original transaction, unless the Customer expressly agreed otherwise.
⦁ If the Customer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the additional costs incurred by the Customer.
⦁ The seller has the right to withhold reimbursement until the item is received or until proof of its return is provided, whichever event occurs first.
⦁ In the event of cancellation, the customer shall bear the direct costs of returning the items, which can be returned by mail in the usual manner.
⦁ If, due to its nature, the Goods cannot be returned by mail in the usual manner, the Seller shall inform the Customer about the cost of returning the item on the store’s website.
⦁ The customer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.

§ 10 Free services
⦁ The Seller provides to the Customer, by electronic means, free of charge services: Contact Form; Newsletter; Maintaining a customer account; Posting reviews.
⦁ Free services are provided 7 days a week, 24 hours a day.
⦁ The contact form consists of sending a message to the Vendor using a form located on the store’s website. Cancellation of this service is possible at any time and consists in ceasing to send inquiries to the Seller.
⦁ Newsletter is a service that can be used by any Customer who enters his/her e-mail address, using the registration form provided by the Seller on the store’s website. After submitting the completed registration form, the Client will immediately receive, by e-mail to the e-mail address provided in the registration form, a confirmation from the Seller. From this moment, the contract for electronic provision of Newsletter service is concluded.
⦁ Newsletter service consists in sending by the Seller, to the e-mail address, messages in electronic form containing information about new products or services in the Seller’s offer. The Newsletter is sent by the Seller to all Customers who have subscribed. Each Newsletter directed to the Clients’ data contains, in particular: information about the sender, filled in field “subject”, defining the content of the message and information about the possibility and manner of resignation from the service. The Customer may opt out of receiving the newsletter at any time by unsubscribing via a link provided in each email sent as part of the service or by activating the appropriate field in his/her Account on the store’s website.
⦁ Maintaining a Customer account is possible after registration and consists in providing the Customer with a dedicated panel within the store’s website, allowing the Customer to modify the data he/she provided during registration, as well as to track the status of orders and the history of orders already completed. A customer who has registered may request deletion of his or her account, however, the account may be deleted up to 20 days after the request.
⦁ Posting of opinions consists in enabling the Seller, Clients having an account on the store’s website, to publish individual and subjective statements of the Client concerning, in particular, the Goods.
⦁ The Seller is entitled to block access to the Client’s account and free services, in the case of the Client’s acting to the detriment of the Seller or other Clients, the Client’s violation of the law or the provisions of the Terms and Conditions, as well as when blocking access to the Client’s account and free services is justified for security reasons – in particular: the Client’s breaking the security of the store’s website or other hacking activities. The blocking of access to the Customer’s account and free services for the aforementioned reasons lasts for the period of time necessary to resolve the issue forming the basis for blocking access to the Customer’s account and free services. The Seller shall notify the Customer of the blocking of access to the Customer’s Account and free services by e-mail to the address provided by the Customer in the registration form.

§ 11 Customer’s obligations
⦁ By posting content and making it available, the Customer is voluntarily distributing it. The posted content does not express the views of the Vendor and should not be equated with its activities. The Vendor is not a content provider, but only an entity that provides appropriate ICT resources for this purpose.
⦁ The customer declares that:
⦁ is entitled to the use of author’s economic rights, industrial property rights and/or related rights to – respectively – works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that make up the content;
⦁ the placement and sharing of personal data, image and information regarding third parties within the services referred to in §10 of the Regulations has occurred legally, voluntarily and with the consent of the persons concerned;
⦁ consents to the viewing of the published content by other Customers and the Seller, as well as authorizes the Seller to use it free of charge in accordance with the provisions of these Regulations;
⦁ agrees to develop works within the meaning of the Law on Copyright and Related Rights.
⦁ The customer is not entitled to:
⦁ posting, in the course of using the services referred to in §10 of the Regulations, personal data of third parties and disseminating images of third parties without the legally required permission or consent of the third party;
⦁ posting advertising and/or promotional content as part of the use of the services referred to in §10 of the Regulations.
⦁ It is forbidden for Customers to post content that could, in particular:
⦁ be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;
⦁ infringe any rights of third parties, including rights related to the protection of copyright and related rights, the protection of industrial property rights, business secrets or having to do with confidentiality obligations;
⦁ have an offensive nature or constitute a threat directed to other persons, would contain vocabulary that violates good morals (for example, through the use of vulgarisms or terms generally considered offensive);
⦁ conflict with the interests of the Seller;
⦁ violate in any other way the provisions of the Regulations, good morals, provisions of applicable law, social norms or customs.
⦁ If notified, the Seller reserves the right to modify or remove content posted by Customers as part of their use of the services, in particular with regard to content which, based on reports from third parties or relevant authorities, has been found to be in violation of these Regulations or applicable laws. The Seller does not conduct ongoing control of the posted content.
⦁ The customer agrees that the Seller may use the content posted by the customer on the store’s website free of charge.

§ 12 Processing of personal data
⦁ The administrator of personal data is the Seller, whose identification and contact information, which is first specified in §1 of these Regulations under the heading “Seller”.
⦁ Personal data shall be processed in accordance with 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 RODO) and other generally applicable laws.
⦁ Data obtained by the Administrator in the course of placing an order and concluding a sales contract are processed in connection with:
⦁ the necessity to execute contracts concluded by you with the Administrator, as well as actions taken prior to the conclusion of the referenced contracts at your request (Article 6(1)(b) RODO),
⦁ the need to fulfill a legal obligation incumbent on the Administrator (Article 6(1)(c) RODO).
⦁ In the case of initiating a newsletter subscription, personal data is processed on the basis of consent to process personal data for marketing purposes in connection with sending commercial information in the form of a newsletter (Article 6(1)(a) RODO).
⦁ The Client’s personal data may be processed in connection with the Administrator’s legitimate interest in securing and pursuing claims (Article 6(1)(f) RODO).
⦁ Provision of personal data is voluntary, but nevertheless required to place an order, conclude a sales contract and its proper execution.
⦁ The Customer’s personal data may be transferred, depending on the selected method of delivery of the order and the method of payment, to the selected carrier or intermediary making shipments on behalf of the Administrator for the purpose of delivery, as well as to the entity handling electronic payments or payment card payments, entities providing hosting services and IT entities maintaining the online store.
⦁ Personal data is kept for the duration of the contract (newsletter subscription) and for the period necessary to secure or assert potential claims arising from the contract; post-sale customer service (processing of complaints) or fulfill legal obligations imposed on the Administrator (arising, for example, from accounting and tax regulations).
⦁ Personal data processed for marketing purposes and other purposes other than those mentioned above will be processed until the previously given consent to their processing is withdrawn.
⦁ Should the Administrator plan to further process personal data for a purpose other than the purpose for which the personal data was collected, the Administrator is obliged to inform the Client and provide all necessary information before such further processing.
⦁ The Customer has the right to request from the Data Controller access to his/her personal data, rectification, deletion or restriction of processing, the right to object to its processing, as well as the right to its transfer. The Customer also has the right to lodge a complaint with a supervisory authority.
⦁ Information regarding the Administrator’s obligation to protect Buyers’ data collected during purchases in the Store in accordance with applicable regulations and in accordance with the highest standards of security and data protection are described in detail in the Privacy Policy (6.Protection of Personal Data).

§ 13 Final provisions
⦁ The Seller shall be liable for non-performance or improper performance of the Sales Contract.
⦁ The content of these Terms and Conditions may be recorded by printing, saving to a medium or downloading at any time by the Customer.
⦁ If a dispute arises under the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The applicable law for the settlement of any disputes shall be Polish law.
⦁ The Seller shall inform the Customer about the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or websites of entities authorized to handle disputes out of court. These may include, in particular, consumer ombudsmen or Provincial Inspectorates of Commercial Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php.
⦁ The seller informs that at http://ec.europa.eu/consumers/odr/ there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform).
⦁ The Seller reserves the right to amend these Terms and Conditions.
⦁ All orders accepted by the Seller for execution before the effective date of the new Regulations are executed on the basis of the Regulations that were in effect on the date of placing the order by the Customer. The change in the Regulations comes into force within 7 days from the date of publication on the Store’s Website. The Seller is obliged to inform the Customer 7 days before the new Regulations come into force about the change of the Regulations by means of a message sent by e-mail, containing a link to the amended text.
⦁ If the Customer does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller and cannot make new orders in the online store.
⦁ The Regulations shall enter into force as of the date of their publication.