§ 1 Preliminary provisions
- The Spalone Studio online store, available at the Internet address www.spalonestudio.pl, is operated by Natalia Drzewiecka, conducting business under the name Spalone Studio – Natalia Drzewiecka, based in Kujawsko-Pomorskie Province, Inowrocław County, Złotniki Kujawskie Municipality, 2 Różana Street, 88-126 Tuczno, NIP: 5562812898, REGON: 540176778.
- These Regulations are addressed to both Consumers and Entrepreneurs using the Store and set out the rules for the use of the Online Store and the rules and procedure for concluding Distance Sales Contracts with the Customer through the Store.
§ 2 Definitions
- Consumer – a natural person concluding a contract with the Seller under the Store, the subject of which is not directly related to its economic or professional activity.
- Seller – Natalia Drzewiecka
- Customer – any entity making purchases through the Store.
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, which uses the Store.
- Store – an online store operated by the Seller at www.spalonestudio.pl.
- Distancecontract – a contract concluded with a Customer within an organized system for concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
- Regulations – these rules and regulations of the Store.
- Order – a declaration of will of the Customer submitted via the Order Form and aimed directly at concluding a Sales Contract for a Product or Products with the Seller.
- Order Form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.
- Product – a movable item/service available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
- Sale Contract – a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store. The Sales Agreement is also understood – applying to the characteristics of the Product – a contract for the provision of services and a contract for work.
§ 3 Contact with the Store
- Seller’s e-mail address: kontakt@spalonestudio.pl
- Seller’s phone number: +48 663 944 438
- Seller’s bank account number: 97 1560 0013 2011 9091 3000 0001
- Seller’s address: Różana 2 Street, 88-126 Tuczno, Poland.
- The Customer may communicate with the Seller using the e-mail address and telephone number provided in this paragraph.
- The customer can communicate with the Seller by phone between 10 a.m. and 4 p.m., Monday through Friday, excluding holidays
§ 4 Technical requirements
In order to use the Store, including browsing the Store’s assortment and placing orders for Products, it is necessary:
- terminal device with access to the Internet and a web browser such as a laptop, cell phone, tablet, computer
- active electronic mail (e-mail) account,
- cookies enabled.
§ 5 General information
- To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized acts of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
- Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for the Products in the Store’s assortment is possible by providing the necessary personal and address data to make the Order possible.
- The prices given in the Store are given in Polish zloty and are gross prices (including VAT).
§ 6 Rules for placing an Order
In order to place an Order, you must:
- select the Product that is the subject of the Order, and then click the “Add to cart” button (or equivalent);
- Fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
- Click the “Buy and pay” button,
- select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 7.3.
§ 7 Delivery and payment methods offered
- The customer can use the following methods of delivery of the ordered Product:
- Courier delivery,
- InPost parcel machine
- The customer can use the following payment methods:
- Electronic payments
§ 8 Performance of the sales contract
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 6 of the Terms and Conditions.
- After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client an appropriate e-mail message to the Client’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
- If the customer chooses:
- payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.
- The beginning of the period for delivery of the Product to the Customer is calculated as follows:
- If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
- In case of ordering Products with different readiness dates, the readiness date shall be the longest date given.
- Delivery of the Product takes place only on the territory of Poland.
- Order processing time: Orders are processed within 5 working days, counting from the moment of crediting the Seller’s bank account. The time needed by the courier company for delivery should be added to this deadline, which depends on the chosen courier company. In the case of products that require custom manufacturing, the waiting time for order processing is up to 6 weeks.
§ 9 Right of withdrawal
- The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The running of the period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer.
- In the case of a Contract that includes multiple Products that are delivered separately, in batches or in parts, the term indicated in paragraph 1 shall run from the delivery of the last item, batch or part.
- The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the statement before the deadline.
- The statement may be sent electronically by sending a statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in § 3.
- If the Consumer sends a statement electronically, the Seller will immediately send the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
- Effects of withdrawal from the Agreement:
- In the case of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded.
- In the event of withdrawal from the Contract, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Contract, the payments for the products themselves, excluding the cost of delivery of the items.
- The Seller will refund the payment using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
- The seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
- The Consumer should send back the Product to the Seller’s address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
- The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by mail in the usual manner.
- The consumer shall be liable only for the diminished value of the Product resulting from the use of the Product other than what was necessary to ascertain the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as about the cost of returning the Product, will be included in the description of the Product in the Store.
- The right to withdraw from a contract concluded at a distance does not apply to the Consumer with respect to the Contract:
- in which the object of performance is a non-refabricated item, manufactured to the Consumer’s specifications or serving to meet his individualized needs,
- in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery,
- in which the object of performance is an item that is perishable or has a short shelf life,
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance of the Seller will lose the right to withdraw from the Agreement,
- in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiration of the deadline for withdrawal from the Contract,
§ 10 Complaint and warranty
- The Sales Contract covers new Products.
- In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
- Complaints should be submitted in writing or electronically to the Seller’s addresses given in these Regulations.
- The Seller will respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it is considered that the Customer’s request was considered justified.
- Goods sent back under the complaint procedure should be sent to the address agreed with the Seller.
- Warranty Period: All Products offered in our Store are covered by a one-year warranty from the date of purchase, unless otherwise indicated in the Product description.
- Warranty coverage: The warranty covers manufacturing and material defects that occur as a result of normal use of the Product, in accordance with its intended use. The warranty does not cover damage caused by misuse, accidents, mechanical damage, negligence, improper transportation or modification of the Product by the Customer.
- Complaint procedure: in order to benefit from the warranty, the customer is required to submit a complaint to the email kontakt@spalonestudio.pl with a description of the product defect.
- Warranty conditions: If the complaint is accepted, the Product may be replaced with a new one or the purchase value will be refunded, depending on the Seller’s decision and the type of defect.
- Costs associated with the complaint: The cost of shipping the Product to the Store under warranty shall be borne by the Customer, unless the complaint is found to be valid, in which case the costs associated with returning the Product shall be borne by the Store.
- Warranty Limitations: The warranty does not cover Products that have been damaged as a result of misuse, storage, repair or interference by third parties. The warranty does not cover natural wear and tear of the Product, damage caused by external factors (e.g. moisture, extreme temperatures).
§ 11 Out-of-court ways of dealing with complaints and claim investigation
- Detailed information on the consumer’s ability to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of county (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The consumer has the following examples of out-of-court means of complaint handling and redress:
- The consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
- The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
- A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).
§ 12 Personal data in the Online Store
- The administrator of Customers’ personal data collected through the Online Store is the Seller.
- Customers’ personal data collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees – also for marketing purposes.
- Recipients of personal data of Customers of the Online Store may be:
- In the case of a Customer who uses postal or courier delivery method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
- In the case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
- The customer has the right to access and correct the content of his data.
- Provision of personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude the agreement.
§ 13 Final provisions
(1) Contracts concluded through the Online Store are concluded in the Polish language.
(2) The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
(3) Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on Provision of Electronic Services; Act on Consumer Rights, Act on Personal Data Protection.
(4) The customer has the right to use out-of-court means of handling complaints and claims. For this purpose, he may file a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.