Terms & Conditions
§ 1 DEFINITIONS
1. Regulations these Regulations
2. Seller – Sklep Studio Powidoki działający pod adresem internetowym www.studiopowidoki.pl prowadzony przez: POWIDOKI PATRYK CHYBOWSKI, ul. Stefana Jaracza 10/26, 00-378 Warszawa, NIP: 5272900418, zarejestrowaną w Centralnej Ewidencji i Informacja o Działalności Gospodarczej).
3. Client a natural person having full capacity for legal transactions, a natural person having limited capacity for legal transactions (with the exception of small contracts referred to in Article 20 of the Civil Code Journal of Laws. 1964 No. 16, item 93, the consent of its statutory representative is required to perform the action), a legal person and an organizational unit without the capacity to perform legal actions, to which the Act grants legal capacity.
4. Consumer a client who is a natural person performing with the entrepreneur a legal action not directly related to its business or professional activity.
5. Account requiring registration on the website of the Seller and acceptance of these Regulations, a set of data communications enabling the Customer to place an Order, check the status of its execution, change or verify their contact details.
6. Goods/Product items presented by the Seller in the Store, which the Customer may place an Order of.
7. Store an Internet service whose administrator is the Seller, operating at www.studiopowidoki.pl, which is an organized system for concluding distance contracts.
8. Distribution centre a branch of the Seller, from which the purchased goods are distributed and complaints and returns of purchased goods are accepted, located in Warsaw, postal code 00-378, at ul. Stefana Jaracza 10/26.
9. Order a declaration of will of the Customer, specifying the type and quantity of the ordered Goods, aimed directly at concluding an Agreement with the Seller through the Store.
10. Contract a sales contract within the meaning of the provisions of the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16 item 93, as amended), concluded by the Seller with the Customer with the use of means of distance communication, including by means of e-Mail and forms available on the Store's website.
Each Customer is obliged to read and obey the Regulations. Acceptance of the Regulations is required each time before placing an Order.
§ 2 General Provisions
2. In order to use the Store effectively, including browsing the product range and placing Orders, you need a computer with access to the Internet with minimum requirements in the form of: a processor with a frequency of at least 1 GHz, a graphic card with a minimum memory of 512 MB and a correctly configured web browser (eg Internet Explorer >8, Mozilla Firefox, Google Chrome >17, Opera, Safari), as well as any pointing device to fill out the forms properly.
3. To make purchases in the Store it is necessary to have an active e-mail account.
4. People using the Store are not allowed to perfom any activities that may adversely affect the proper functioning of the Store, including the provision of illegal content.
5. The goods sold through the Store are brand new, free from physical and legal defects, are covered by the manufacturer's warranty, have been legally introduced to the Polish market.
6. The prices of all Goods published on the Store's website are given in Polish zloty.
7. The Seller reserves the right to make changes in prices and information about the goods, place new information, withdraw individual Goods presented on the Store's website and to conduct and cancel all types of promotional actions and sales. The right referred to in the previous sentence does not affect the Orders placed before the date of entry into force of the price change, conditions of promotional actions or sale. In the case of promotional sales and sales for which a limited number of Goods is intended, the execution of the Orders shall follow the order of receipt of the Orders for these Goods until the stocks covered by these forms of sales is out.
8. At the time of creating an Account, the Customer shall conclude an agreement with the Seller to provide services electronically, only to the extent relating to the maintenance of the Customer Account, in order to ensure full functionality of the service for the Customer.
9. At the time of placing an Order, the Customer concludes an agreement with the Seller to provide services electronically, which is concluded for a limited period of time until the delivery of the Goods to the Customer being the subject of the Order or until the completion of the procedure associated with the right of the Customer to make a statement of withdrawal from the agreement, or use the procedures
10. Information about Goods and prices presented on the website of the Store do not constitute an offer within the meaning of the Civil Code but only an invitation to conclude a contract, pursuant to Article 71 of the Civil Code.
§ 3 ORDER EXECUTION
1. In the Shop, Orders can be placed through the website www.studiopowidoki.pl using a properly completed electronic form.
2. By placing an Order, in the manner referred to in section 1 above, the Client submits to the Seller a declaration of will to be bound by the Agreement to purchase the Goods specified in the Order. The Agreement is considered concluded at the moment referred to in passage 10 below.
3. The Client is obligated to provide correct personal data enabling delivery of the Goods, in particular, name, surname, address of residence, e-mail address, telephone number and in case of shipment of the Goods the exact delivery address.
4. In order to place an Order effectively, the Client is obliged to:
b. select Goods or services to be ordered,
c. provide the data referred to in paragraph 3 above,
d. choose the payment method.
5. The submission of an effective Order by the Customer is associated with the obligation to pay.
6. Placing an Order and purchasing the Goods may be done without the registration procedure, or may be preceded by the correct completion by the Customer of the registration form (in particular, the personal data required in the form, e-mail address, later used as a login, and the password set). Registration activities are carried out once, and subsequent orders are carried out on the basis of the Customer's logging in to the Store by providing a login and an agreed password. The Customer should keep the agreed password and login secret and not make it available to third parties.
7. Before placing an Order, the Customer using our search engine for Goods, has the opportunity to find the product that interests them. After selecting the Goods, click the "Add to Cart" button. The Customer may return to the store at any time to search for and add another product (by clicking the "Continue shopping" button). You can remove the product from your shopping list at any time by clicking "x", located next to the name of a given Product.
8. After completing the shopping list, click the "Place an order" button. Then you must provide your data necessary to complete the Order, shipping data, choose the form of delivery and payment method.
9. If the Customer has an Account in the Store, his data will be completed automatically. However, they always have the opportunity to verify, complete or modify them. Before approving the Order, the Customer selects the method of payment. If the registration procedure is omitted, the Order is placed on the basis of each time, correctly completed electronic form.
10. The Agreement shall be considered concluded when the Customer receives electronic information from the Seller confirming acceptance of the Order for execution. The Seller sends, immediately after concluding the agreement, but no later than at the moment of issuing the Goods (i.e. issuing it to the carrier), the confirmation, containing information about the type, quantity and price of the ordered Goods, method and date of payment. This document is a confirmation of conclusion of the sales contract. By accepting the Regulations, the Customer agrees to receive such confirmation recorded in a different way than on paper, namely in the form of an e-mail confirming the Order, the Customer may withdraw it.
11. The Seller reserves that the execution of the Order takes place after payment of the entire sales price for the Goods. Transfer of ownership of the Goods to the Customer shall take place only after payment of the entire sales price for the Goods (reservation of transfer of ownership). In the case when the Seller finds out that the payment to the Seller's bank account has not been made within 10 days from the date of placing the Order, the Client authorizes the Seller to cancel the whole Order, and the Seller does not have to additionally inform the Client about this fact.
§ 4 PRICES AND FORMS OF PAYMENT
1. The prices of the Goods displayed in the Store include all product-related taxes, duties and other costs, including VAT, but not including the costs of delivery of the Goods and other additional charges, as listed below.
2. You may pay for the Order placed in the Store as follows:
a. By transfer to the Seller's bank account. Using this form of payment the Customer is not charged with any additional costs;
Account Studio Powidoki mBank, number: 32 1140 2004 0000 3602 7902 8723
b. Fast online transfer via Tpay system. Using this form of payment the customer is not charged with any additional costs.
The payment card operator is PayPro SA Settlement Agent, Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under the number KRS 0000347935, NIP 7792369887, Regon 301345068.
3. The Client shall pay the final price, cover the cost of delivery of the Goods.
4. The cost of delivery of the Goods depends on the value of the Order placed and it is given to the Client prior to placing the Order and remains unchanged until it is completed. All costs referred to in the preceding sentences are presented to the Customer on the Store's website before placing an Order.
5. The cost of delivery of the Goods depends on the value of the Order and the selected courier company:
a. Delivery by InPost courier to the indicated address:
II. for all Orders in Poland the cost of delivery is 15.00 PLN.
b. Delivery to InPost Automated Parcel Machines:
II. dla wszystkich Zamówień koszt dostawy wynosi 12,00 zł.
6. The payment period in the case of transfer to the Seller's bank account is 3 days from the date of placing the Order.
7. The payment is considered to be made when the funds are credited to the Seller's bank account or validation of payment by online payment systems to the Seller.
§ 5 SHIPPING TIME AND DELIVERY OF GOODS
1. Orders placed in the Store are executed in the European Union.
2. The time of execution of the order depends on the specific products and may range from 48 hours to 7 working days from the confirmation of payment for the Order (from the electronic payment system or from the Seller's bank account),
3. All ordered Goods are sent through the courier company inPost. Collection of the parcel should be confirmed with the courier (in writing or in electronic form). In case of the recipient's absence, the courier leaves a notice with a specified date of another attempt to deliver the parcel. You can also collect the parcel in person from the headquarters of the courier company, the address of which is also on the adviser's print. The period of holding a notified parcel in the courier's head office is 7 working days, counting from the second delivery attempt. After this period and the lack of response from the Client, the courier returns the Goods to the Seller.
4. The time of delivery of the Goods executed by the courier company is maximum 48 hours (hours falling on working days are counted) from the moment of handing over the Goods to the courier company within the periods indicated in passage 2 above.
5. The Client is informed about each change in the status of execution.
Orders, including the transfer of the Goods to a forwarder by sending an e-mail. The Customer also has the option of tracking the status of the Order using his or her Account in the Store.
6. The Customer should make efforts to assess the condition of the Goods and their compliance with the Order at the time of delivery by the courier and in his presence. In case of any abnormalities, a complaint document should be drawn up together with the courier - the courier should have a print appropriate for a given forwarder. In case of any damage, the Goods should be returned to the courier (if the delivery contains more than one goods, only the damaged Goods should be returned). The cost of transport of the damaged Goods shall be covered by the Seller.
7. When the damaged Goods reaches the Seller's warehouse, it shall be replaced with a new one and sent to the Client at the expense of the Seller. When the damage is found after the departure of the courier, follow the instructions described in the section "Complaints and returns".
§ 6 WITHDRAWAL FROM THE CONTRACT
1. The Customer who is a Consumer may withdraw from the contract concluded at a distance, without giving any reason, by making a statement to that effect, within 14 days. The deadline for submitting the statement of withdrawal from the contract is counted:
a. for the contract in the performance of which the Entrepreneur issues Goods, being obliged to transfer its ownership, from the date on which the Client came into possession of the Goods or on which a third party other than the carrier and indicated by the Client came into possession of the Goods,
b. for a contract which covers more than one Product and the Goods were delivered to the Consumer separately from the day on which You took possession of the last of the ordered Goods or on which a third party other than the carrier and indicated by You took possession of the last of the ordered Goods.
c. for a contract which involves transfer of ownership of Goods delivered in batches or parts, from the date on which the Customer came into possession of the last batch or part of the Goods or on which a third party other than the carrier and indicated by the Customer came into possession of the last batch or part of the Goods,
2. The declaration of withdrawal from the contract may be made using the form available at the address Załącznik nr 1 do Regulaminu of Annex 1 to the Regulations or by submitting a declaration in any form, from which the will to withdraw from the contract clearly results, including by e-mail.
3. The statement of withdrawal from the contract should be submitted to the Seller by e-mail to firstname.lastname@example.org.
4. The deadline is met if before its expiry the statement of withdrawal from the Agreement will be sent to the Seller. It does not matter when the Seller receives the above statement.
5. In the case of withdrawal from the Agreement, we return the payments received from the Client for the purchased Goods immediately, and in any case no later than 14 days from the date on which we were informed about the decision of the Client to exercise the right to withdraw from the Agreement. We will reimburse you using the same payment methods as you used in the original transaction unless you have expressly agreed otherwise.
6. The Seller may withhold the return of payment until the returned Goods are received.
7. If the Consumer sends a statement of withdrawal from the Agreement in the form of an e-mail message, the Seller shall immediately from the receipt of the above statement send to the Consumer a return e-mail confirming the delivery of this statement. Lack of confirmation of delivery of the statement of withdrawal from the Agreement shall not affect the validity of the statement submitted in time.
8. After 14 days counted in the manner specified in paragraph 1, the right to submit a statement of withdrawal from the Agreement expires.
9. In the event of withdrawal from the Sales Agreement, the Consumer is obliged to send the Goods to the Seller immediately, no later than within 7 days from the date of submission of the statement of withdrawal from the Agreement. The deadline is met if you send back the Goods before the expiry of the 7-day period.
10. The return of costs corresponding to the actual sale price takes place in the same form as accepted by the Consumer for payment for execution of the Order. After the Consumer's acceptance, the Seller may reimburse the costs specified above in another way.
11. The Consumer shall not have the right to withdraw from the contract in relation to contracts where the subject of performance are items which after delivery, due to their nature, are inseparably connected with other items (packages, sets).
12. The consumer shall be liable for any diminished value of the item resulting from the use of the item beyond what is necessary to establish its nature, characteristics and functioning.
13. In order to return the goods, the Client is obliged to properly secure the Goods and deliver them (please attach a copy of the proof of purchase or other document indicating the purchase of the Goods by the Client as well as a set of accessories) to the address of the Seller's Distribution Centre: POWIDOKI PATRYK CHYBOWSKI, ul. Jaracza 10/26, 00-378 Warsaw.In a situation when the returned Goods are damaged, incomplete or bearing the signs of use beyond what is necessary to determine the nature, characteristics and functioning of the goods, the Seller reserves the right to claim damages from the Consumer in accordance with applicable laws.
§ 7 CLAIMS
1. The Seller is obliged to deliver the Goods without defects. In a situation when the received Goods turns out to be defective, the Client has a possibility to take advantage of the following rights:
a. reporting a defect under the granted guarantee, referred to in § 6 of the Regulations;
b. reporting a defect under the rights of the warranty for defects (complaint procedure).
2. The Seller is responsible with respect to the Client in situations when the Goods:
a. there are no properties which an item of this type should have due to the purpose in the contract marked or resulting from the circumstances or purpose;
b. there are no properties about the existence of which the Seller provided the Client, including presenting a sample or pattern;
c. it is not suitable for the purpose of which the Customer informed the Seller at the conclusion of the contract, and the Seller has not objected to such purpose;
d. has been delivered to the Client in an incomplete condition;
e. is the property of a third party or if it is encumbered with the rights of a third party (legal defect).
3) If the Client is a Consumer, in case of stating defects in the Goods, he is entitled to:
a. despite removal of defects of the Goods proposed by the Seller, use the possibility to replace the Goods with the Goods free from defects,
b. despite the possibility proposed by the Seller to replace the Goods with a defect-free option to remove a defect of the Goods, unless exercising this right by the Consumer would be impossible or would require excessive costs in comparison with the method proposed by the Seller.
4. In case of initiating any complaint procedure, i.e. excluding the use of warranty rights directly at the manufacturer or importer, transport of the complained Goods is carried out at the expense and order of the Seller through a forwarding company indicated on the Store's website.
5. The Goods under complaint should be accompanied by a set of accessories and a warranty card, if the Customer wants to use the rights resulting from it.
6. Complaints related to the goods purchased in the Store as well as those related to online services (incorrect Goods in the cart or incorrectly calculated costs of delivery of the Goods) may be submitted via e-mail to: email@example.com.
7. In order to exercise the right of warranty or guarantee, the Client is obliged to properly secure the Goods and deliver them (it is required to attach a copy of the proof of purchase or other document indicating purchase of the Goods by the Client as well as a set, package) to the address of the Seller's Distribution Centre: POWIDOKI PATRYK CHYBOWSKI
ul. Jaracza 10/26, 00-378 Warsaw..
8. Within 14 days from the date of complaint by the Customer the Seller will respond to the claim presented in the complaint. Lack of response from the Seller shall be deemed recognition of the Client's claims.
9. In the event of removal of defects in the Goods or replacement of the Goods with a new one, the Seller shall deliver to the Client Goods free from defects at its expense.
10. If the Client is a Consumer, the claim for replacement of the Goods or removal of its defect shall be subject to the limitation period of 1 year, counting from the date of finding the defect. If the Buyer is a consumer, the period of limitation cannot end before two years from the date of handing over the Goods to him.
11. The consumer may use out-of-court methods of complaint handling and asserting claims. In order to take advantage of the possibility of amicable settlement of disputes concerning online purchases, the Consumer may submit his complaint via the EU online ODR platform, available at the address: https://ec.europa.eu/consumers/odr/..
§ 8 PERSONAL DATA
1. The administrator of the Clients' personal data is POWIDOKI PATRYK CHYBOWSKI, ul. Jaracza 10/26, 00-378 Warsaw. Tax Identification Number (NIP): 5272900418, registered in Central Business Activity Registration and Information System (Centralna Ewidencja i Informacja o Działalności Gospodarczej).
2. Effective placement of an order in Studio Powidoki Shop requires prior, voluntary consent to the processing of personal data necessary for the performance of the contract in accordance with the applicable provisions of 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 Data Protection Regulation).
3. The administrator of personal data, through the website of the Store and other forms of communication processes the following personal data of the Customer: name and surname; address of residence; delivery address; e-mail address; telephone number.
4. Providing the above data is voluntary, but necessary to register an Account, place and execute the Order in the Store.
5. In order to execute the contract, the Store may share the data collected from you to courier companies. Only with the express, separate consent of the Customer's personal data may be processed for other purposes, including marketing purposes. This consent may be revoked at any time.
6. The customer has the right to review the content of the personal data provided by him or her, as well as to modify them, demand the cessation of processing or permanent deletion, as well as demand the restriction of their processing, and the right to transfer the data to another administrator. To exercise these rights, please use the form available after logging in to your account in the Store or send an e-mail to: firstname.lastname@example.org
8) At the request of the Customer, addressed to email@example.com, the Seller provides the Customer with information about:
a. Technical means made available by the Seller to prevent the acquisition and modification by unauthorized persons, personal data sent electronically;
b. the entity to which it entrusts data processing, its scope and the intended date of transmission, if the Seller has concluded an agreement with this entity to entrust data processing.
9. If the Seller receives a message about the Customer's use of the service provided by electronic means in violation of the rules or regulations in force (unauthorized use), the Seller may process the recipient's personal data to the extent necessary to determine the liability of the Customer, provided that they consolidate for evidential purposes the fact of receipt and content of these messages.
10. The Seller may notify the Customer of their unauthorized activities with a request to immediately cease them, as well as the exercise of the right referred to in paragraph 9 above.
§ 9 FINAL PROVISIONS
1. By accepting the content of these rules, the Customer acknowledges that in the case of transfer of the Customer's authentication data (by the Customer) in the Store to third parties, these persons will have access to his account within the store and to the Customer's personal data and will be able to place orders using this account.
2. The Seller reserves the right to change these Regulations. Amendments to the Regulations shall become effective within a period, no less than 7 days from the date of making the amended Regulations available at www.studiopowidoki.pl, with the restriction that orders placed by customers before the entry into force of the amendments to the Regulations are carried out according to the existing provisions. The Customer is obliged to accept the Regulations when placing an Order. In the case of Customers who have set up an account in the Store, they will be notified of the changes at the first login after the changes come into force and asked to accept them. Refusal to accept the changes is equivalent to termination of the agreement to maintain the Customer's account in the Store. Placing new Orders will require acceptance of the new regulations.
3. The data on the Order shall be recorded, secured and made available via e-mail. For security reasons, the Order data is available at the Store's website only for Customers who have created an account in the Store.
4. Acceptance of these Regulations constitutes at the same time the Customer's consent to present the information referred to in Article 12 of the Act on Consumer Rights in electronic form, without issuing a paper version of the Regulations.
5. The Regulations come into force on 14.04.2020.
6. In matters not regulated by these Regulations, the provisions of the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended), the Act on Provision of Electronic Services (Journal of Laws 2002, No. 144, item 1204, as amended) shall apply. ), with respect to contracts concluded with consumers - provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 807, as amended), and other relevant provisions of Polish law, unless separate provisions are applied, with respect to contracts with consumers, to the extent that they ensure protection of consumer rights.
7. The Seller shall act in accordance with Polish law with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The provision of these Terms and Conditions in the part relating to the protection of consumer rights shall apply if the protection granted is not contrary to the provisions of the EU country in which the Consumer was located at the time of placing the order, in such a case the relevant provisions of the EU country in which the Consumer was located at the time of placing the order shall apply.
8. In the case of Consumers, the Court of competent jurisdiction is the Court (at the Consumer's choice) having jurisdiction over the Seller's headquarters or the Consumer's place of residence.