The User has the right to negotiate the terms of the Sales Agreement with the Seller before submitting the Order. In the event the User gives up the possibility of concluding a Sales Agreement by way of individual negotiations, these Terms and Conditions and generally applicable provisions of the Polish law shall apply.
PART I – DEFINITIONS:
The terms used in these Terms and Conditions have the following meaning:
- Seller – Ms Paulina Blachura carrying on business under the name of Paulina Blachura STUDIO B3 at: ul. Jana Zamoyskiego 33/21, 30-519 Kraków, according to an entry in the Central Register and Information on Economic Activity (CEIDG) of Poland monitored by the Minister of Development, Labour and Technology, body entering the Seller into the CEIDG register: Kraków City Hall, NIP (Tax Identification Number): 6772287453, REGON (National Official Business Register Number): 120754453, e-mail: firstname.lastname@example.org; contact phone number: +48 606 987 555, from 9:00 AM to 6:00 PM on all business days, from 9:00 AM to 2:00 PM on Saturdays other than statutory holidays (calls will be charged at rates local to the User);
- Online Store – online platform operated by the Seller at: studiob3.pl, which can be used to place Orders;
- Customer – adult natural person with legal capacity (including sole proprietors), legal person or unincorporated entity awarded legal capacity by the law that places the Order;
- User – any person using the Online Store;
- Product or Products – own, original, hand-made women’s clothing and accessories (bags and hats) and other products offered by the Online Store;
- Product Page – individual web page at the Online Store, providing specific information about the Product;
- Price – gross price of the Product indicated next to the information about the Product, excluding the costs of delivering the Product to the Customer;
- Order – declaration of will of the Customer submitted via the Online Store, indicating the Product or set of Products to be delivered according to these Terms and Conditions;
- Business Days – weekdays from Monday to Friday, excluding statutory holidays;
- Sale Contract – contracts for the sale of the Products as defined by the Civil Code, signed remotely via the Online Store;
- Account – tool available in the system of the Online Store, which can be used, after the User specifies their e-mail address (Login) and Password, to track the stages of Order processing, view Order history, etc.;
- Login – e-mail address specified by the User, required in combination with the Password to create an Account;
- Password – sequence of letters, digits or other characters selected by the User during Account registration in order to protect the Account against unauthorised access;
- Consumer – natural person concluding a legal action with the Seller that is not directly connected to their economic or professional activities as defined by Article 22(1) of the Civil Code;
- Consumer-Entrepreneur – sole proprietor concluding a Sale Contract that is directly connected with their economic or professional activities but that is not of professional nature to that person;
- Civil Code – Act of 24 April 1964 – Civil Code (consolidated text, Journal of Laws of 2020, item 1740, as amended);
- Consumer Rights Act – Act of 30 May 2014 on consumer rights (consolidated text, Journal of Laws of 2020, item 287);
- Electronic Services Act – Act of 18 July 2002 on the provision of services by electronic means (consolidated text, Journal of Laws of 2019, item 123, as amended);
- Code of Conduct – collection of operating principles, including, in particular, professional and ethical standards referred to in Article 2(5) of the Act of 23 August 2007 on combating unfair commercial practices (consolidated text, Journal of Laws of 2017, item 2070, as amended);
- Terms and Conditions – these terms and conditions of the Online Store.
PART II – GENERAL PRINCIPLES FOR ORDER PLACEMENT:
- Orders for the Products offered at the Online Store are placed and processed according to these Terms and Conditions and the generally applicable law. These Terms and Conditions are to be understood as the terms and conditions referred to in Article 8 of the Electronic Services Act.
- The quantity of Products sold in regular sale or sold at a discount is limited. Orders for such Products are processed according to the order in which they are placed by the Customer, until the stock ends.
- The information provided at the Online Store (including, in particular, information about the Price of the Products) is not an offer as defined by Article 66 of the Civil Code – it is only an invitation to submit an offer as referred to in Article 71 of the Civil Code.
- All prices specified at the website of the Online Store are given in Polish zlotys (PLN), US dollars (USD) or euros (EUR) – depending on the display option selected by the User, and they are gross prices (they include VAT).
- Due to the properties of the Products and materials of which they are made, the Seller recommends that the User, before placing an order, read the specific description of the Product and the maintenance instructions indicated on the Product Page.
- Users must not use the Online Store to send unsolicited commercial information, so-called spam, as defined by the Electronic Services Act, or use the Online Store in a manner that is contrary to the law or good practices or that violates the personal rights of third parties or legitimate interest of the Seller.
- Only Users who meet all of the following technical requirements can use the Online Store:
- a) they have access to a PC or other terminal equipment with Internet access;
- b) they have Internet access;
- c) their terminal equipment uses a web browser, e.g., Firefox, Internet Explorer, Google Chrome or other;
- d) they have an active e-mail account.
- The Seller can be contacted directly by e-mail, phone or using the contact form. All contact details of the Seller are specified in these Terms and Conditions and at the Online Store in the CONTACT section.
- The Seller does not use any Code of Conduct.
PART III – SERVICES PROVIDED BY ELECTRONIC MEANS:
- Services provided by electronic means under these Terms and Conditions consist in enabling the Users to make purchases at the Online Store, including, in particular, via the Account, reset their Password to the Account and receive commercial and marketing information by e-mail (newsletter).
- To use the Account, the User has to register and specify their personal data (first name and last name, address, phone number, alternative delivery method and e-mail address, which is also the Login) and set the Password. A message will be sent to the e-mail address of the User specified in the registration form, complete with the first Password and the link required to replace it with the individual Password. Upon confirmation of registration, a contract is signed between the User and the Seller, regarding the operation of the Account under the terms defined in the Terms and Conditions.
- Account registration is free and optional. The Login and Password are confidential. A Customer using a Login and Password is requested to keep this information secret. The Seller does not know the password.
- The Account Password reset service consists in sending a link to the e-mail address of the User with a registered Account specified at the time of Account registration in order to enable the User to create a new Password to the Account.
- The newsletter service is available to any User who consents to sign up to the newsletter when placing an Order or registering their Account. By confirming that they wish to sign up for the newsletter, the User enters into a contract for the provision of services by electronic means with the Seller under the terms defined in the Terms and Conditions.
- The contract for the provision of services by electronic means as described in this part is signed for an indefinite period. The User can terminate the contract at any time without any cost. Termination of the contract for the provision of services by electronic means by either party and termination of the contract upon mutual consent is equivalent to the deleting of the Account, but it shall not affect any Sales Contracts concluded so far, unless the Parties decide otherwise.
- In case of any irregularities in the operation of the Online Store or the services described in this part, the User has the right to file a complaint, sending it to the following e-mail address: email@example.com. To facilitate the complaint handling procedures, Users are requested to include their personal data and/or Login they use to access the Account in the complaint and thoroughly describe their complaints.
- Complaints connected with services provided by electronic means are considered by the Seller within 30 days from the filing of the relevant complaint. The User will be advised of the resolution of the complaint by the Seller by e-mail.
PART IV – HOW TO PLACE AN ORDER:
- To place an Order at the Online Store, the User may register an Account, but this is not mandatory. Account registration makes it easier for the Customer to place further Orders because they do not have to specify their personal data any more.
- Orders can be placed 24/7. However, the Seller only processes the Orders on Business Days.
- To place an Order, the User is requested to perform the following actions:
- select the Product, quantity of the Product or other parameters characteristic to the Product, if they can be selected on the Product Page (e.g., size, colour), and click “add to cart”,
- after selecting the Products – click “checkout”,
- and then either specify their data as required to process the Order or log in to their Account, select the payment and delivery method and confirm that they have read the Terms and Conditions,
- to finalise the Order, click “Order and Pay”.
- When the Customer sends the Order, this will be construed as the Customer’s offer to execute a Sale Contract made to the Seller, according to the Terms and Conditions.
- The Customer receives the following from the Seller by e-mail:
- confirmation of the Order, i.e., automatically generated e-mail message thanking the User for the Order and including the number and date of the Order, details of the Customer, description of the Product (or reference to the description on the Product Page at the Online Store), Price and other information concerning the Order;
- confirmation of the execution of the Sale Contract, i.e., message with information about the commencement of Order processing. The confirmation of the execution of the Sale Contract is sent after the Order is verified and accepted by the Seller. The Sale Contract is executed upon receipt of the above-mentioned confirmation.
- Until they click the “Order and Pay” button, the Customer can, at any time, change the previously selected Product or its quantity, stop Order placement or cancel the Order. The Customer will be bound by the Terms and Conditions until they place the Order. The Seller does not specify the minimum value of the Order at the Online Store.
- The contents of the Sale Contracts are kept in the computer system of the Online Store for as long as the Customer has an Account at the Online Store, and their contents are provided only to the parties to the Sale Contract. After logging in to the Account, every Customer has access to all of the Sale Contracts they have signed via the website of the Online Store for as long as they are kept in the computer system referred to in the first sentence. If the User does not have an account, the contents of the Sale Contracts signed via the Online Store are kept in the computer system until the end of the period of liability of the Seller under the implied warranty.
PART V – PAYMENT FORMS, DELIVERY COSTS:
- The following methods of paying at the Online Store are available:
- prepayment to the Seller’s account using a conventional bank transfer. Payments for the ordered Products complete with delivery costs should be made in PLN to Alior Bank account No.: 70 2490 0005 0000 4500 8252 4002, in EUR to the following account No.: Alior Bank 2490 0005 0000 4600 9711 2915, or in USD to the following account No.: Alior Bank 93 2490 0005 0000 4600 2230 7685. The Customer is requested to specify in the transfer name the number of the Order made at the Online Store and received in the Order confirmation e-mail. The delivery of the order may be significantly extended if the payment is not made in the correct amount,
- prepayment via the PayU or PayPal electronic payment system, or using a Visa, Visa Electron, MasterCard, MasterCard Electronic or Maestro credit card.
- Payments via the electronic payment system are processed in such a way that the Customer is redirected to the transaction website where, after logging in, they receive a ready-made transfer form to accept, with the correct amount, transfer name and details of the Seller. After accepting the transfer, the Client is redirected back to the Online Store. Payments using the PayPal payment system are processed by PayPal (Europe) S.à.l. & Cie, SCA with its registered office at L-1150 in Luxembourg, and payments by PayU are processed by PayU S.A. with its registered office in Poznań at ul. Grunwaldzka 186, entered in the register of entrepreneurs of the National Court Register by the Nowe Miasto i Wilda District Court in Poznań, 8th Commercial Division of the National Court Register, KRS (National Court Register Number): 0000274399, NIP: 779-23-08-495, share capital: PLN 4,944,000, fully paid up; domestic payment institution monitored by the Polish Financial Supervision Authority (KNF), entered in the Register of Payment Services under the number IP1/2012.
- The Seller delivers to the delivery address indicated by the Customer using a courier company. Specific information about delivery costs is indicated in the DELIVERY AND RETURN section.
- The total cost of the delivery of the Products (i.e., Price of the Products with the costs of the selected Order delivery method) is visible to the Customer when they place the order, in the e-mail confirming the Order and after logging in to the Account in the “Orders” section. No extra costs will be charged to a Consumer or Consumer-Entrepreneur without their express consent.
PART VI – ORDER DELIVERY:
- The Price is binding for the particular Order as of the time of Order placement. The Customer will be routinely informed of the changing status of the Order by e-mail.
- The Order will be cancelled if it is not paid for within 5 Business Days from the execution of the Sale Contract.
- The time of commencement of Order delivery starts after the payment is credited to the Seller’s bank account (for payments by conventional transfer) or after receiving information about the payment through the electronic payment system selected by the Customer. Products available in stock are usually sent within 1–3 Business Days from the commencement of Order processing. The Products are sent to the Consumer or Consumer-Entrepreneur no later than within 30 days, unless the Parties agree upon a different period in the Sale Contract.
- If the Order includes Products that are not available in stock, the Seller will promptly notify the Customer about this by e-mail or phone. The Customer may cancel the entire order or decide not to order the missing Products, consent to a longer Order delivery time, delivery of a part of the Order or replacement of the missing Product with another Product with similar properties and Price.
- The Seller delivers the ordered Products within the Republic of Poland, to EU states and to the United States of America, Canada and Australia. If the Products are to be sold to other countries, the Customer is requested to promptly contact the Seller in order to agree upon individual terms of the Sale Contract.
- Specific information about costs and delivery periods can be found in the DELIVERY AND RETURN section.
- The Customer will collect the ordered Product and/or pay the Price of the Order indicated by the Seller.
- If the Customer is not a Consumer or Consumer-Entrepreneur, the Seller remains the owner of the Products until the Price is paid.
- After the Order is collected from the courier company, the Customer is requested to check in the presence of the courier if both the package and the Products it contains are free from damage caused during transport, if they are whole and if they conform to the Order. The verification of the package is a free service that guarantees the highest quality of service. If it is found that the package is damaged, incomplete or inconsistent with the Order, the Customer is requested to draw up a damage report in the presence of the courier and promptly notify the Seller.
- A VAT invoice is issued for all Products sold; the invoice constitutes written confirmation of the contents of the Order and executed Sale Contract. The Prices of the Products specified at the Online Store are the same for EU states and countries outside the EU, but they include a different rate of VAT (value added tax), e.g., 23% for the EU and 0% for non-EU countries. Since the costs of delivery to these countries are much higher than the costs of delivery in the EU, the difference in VAT covers most of the actual shipping costs.
- The Seller will deliver the Products without any Defects other than all defects indicated in the sales offer on relevant Product Pages at the Online Store.
PART VII – RIGHT TO WITHDRAW FROM THE CONTRACT:
- According to Article 27 of the Consumer Rights Act, the Seller has to advise of the right of any Consumer and Consumer-Entrepreneur to withdraw from the Sale Contract for convenience. The Seller provides for a 30-day period for withdrawal from the Sale Contract.
- The period for withdrawal from the Contract expires after 30 days from the date on which the Consumer or Consumer-Entrepreneur has come into possession of the Products or on which the Products have become the possession of a third party indicated by the Customer, other than the carrier. In order to comply with the period for withdrawal from the Sale Contract, it is sufficient to send the notice of withdrawal from the contract before the lapse of the period for withdrawal from the Sale Contract.
- To exercise the right to withdraw from the Sale Contract, the Customer has to inform the Seller of the decision to withdraw from the Sale Contract by submitting an unambiguous statement (e.g., in the form of a letter sent by mail or e-mail). If the notice of withdrawal from the Sale Contract is sent to the Seller by e-mail, the Seller will promptly send back confirmation of the receipt of the Customer’s notice on a permanent medium (e.g., by e-mail).
- Consequences of the withdrawal from the Sale Contract: The Seller will promptly refund all payments received from the Consumer or Consumer-Entrepreneur, including the costs of Product delivery (excluding additional costs resulting from the Consumer or Consumer-Entrepreneur having selected a delivery method other than the delivery method offered by the Seller), in any case within 30 days from the date on which the Seller was informed of the decision to withdraw from the Sale Contract. The Seller will refund the payment using the same payment method as the one used by the Consumer or Consumer-Entrepreneur during the initial transaction, unless they expressly consent to a different refund method; in any case, the Consumer or Consumer-Entrepreneur will not bear any charges in connection with such a refund.
- The party withdrawing from the Sale Contract is requested to deliver the returned Products to the address of the Seller: studio b3 Paulina Blachura, ul. Beskidzka 30b, 30-611 Kraków, POLAND, promptly, but in any case not later than within 14 days from the date on which the Consumer or Consumer-Entrepreneur has informed the Seller of the withdrawal from the Sale Contract. The period will be deemed to be observed if the withdrawing party sends back the Products before the lapse of 14 days. The Consumer or Consumer-Entrepreneur will have to pay the direct costs of the return of the Products to the Seller.
- The Consumer or Consumer-Entrepreneur will only be responsible for reduction of the value of the Products caused by any use of the Products other than the use necessary to determine their nature, properties and functioning. The Consumer or Consumer-Entrepreneur is requested to accordingly protect the returned Products.
- The Seller informs that, according to Article 38 of the Consumer Rights Act, the Consumer or Consumer-Entrepreneur does not have the right to withdraw from the Sale Contract if it concerns a non-prefabricated item, manufactured according to non-standard specifications of the Consumer or Consumer-Entrepreneur or is intended to satisfy their individual needs.
- If the Order is delivered to an address of the Consumer or Consumer-Entrepreneur in an EU state or in a country outside the EU, the period for withdrawal from the Sale Contract for convenience will be 30 days from the day on which the Consumer or Consumer-Entrepreneur has come into possession of the Products or on which the Products have become the possession of a third party indicated by the Customer, other than the carrier.
PART VIII – COMPLAINTS:
- The Seller is responsible for defects of the Products under the principles of liability defined in the Civil Code, including, in particular, Article 556 and Articles 556(1) to 576. If the Customer is not a Consumer or Consumer-Entrepreneur, the Seller’s liability under the implied warranty is excluded according to Article 558(1) of the Civil Code.
- If defects of the Products are found, the Customer may submit a complaint under the implied warranty to the Seller, sending it by e-mail to the following e-mail address: firstname.lastname@example.org or by mail to the following address: studio b3 Paulina Blachura, ul. Beskidzka 30b, 30-611 Kraków, POLAND.
- A Customer submitting a complaint is requested, in order to facilitate complaint processing, to specify the following information: first name and last name, residence address, Order No. and e-mail address and thoroughly describe the defect of the Product and the request made by the complaining party under the implied warranty (replacement with a new product, Price reduction, withdrawal from the Sale Contract in case of a material defect of the Products). Upon submission of the complaint, the Customer is also requested to enclose a copy of the proof of purchase (e.g., copy of the VAT invoice).
- Complaints will be considered within 14 days from the submission of the relevant complaint, according to the applicable provisions. The Customer will be advised of the resolution of the complaint by the Seller. The Seller will consider every complaint individually.
- The Seller informs that they consent to the resolution of consumer disputes according to the Act of 23 September 2016 on out-of-court resolution of consumer disputes. If the complaint is dismissed by the Seller, the Consumer may use out-of-court complaint and claim procedures and request intervention from the Provincial Trade Inspectorate in Kraków, ul. Ujastek 1, 31-752 Kraków, krakow.wiih.gov.pl. The specific procedures for using the assistance of the Trade Inspectorate can be found on their website and at www.uokik.gov.pl in the “Resolution of consumer disputes” section and in the “Important addresses” section. Out-of-court pursuit of claims after the complaint procedure is free of charge. If the Customer is a Consumer who wishes to exercise the right to out-of-court pursuit of claims, they can additionally file a complaint through the ODR online platform of the EU, available at http://ec.europa.eu/consumers/odr. For avoidance of doubt, the Seller indicates that the rights described in this paragraph 5 are not available to Customers who are Consumers-Entrepreneurs.
PART IX – PERSONAL DATA OF THE CUSTOMER:
- A User who places an Order at the Online Store without Account registration and/or registers an account, and/or contacts the Seller (by e-mail, phone or using the contact form), and/or signs up for the newsletter, and/or uses the remaining services provided by the Seller by electronic means as indicated in Chapter III of these Terms and Conditions will provide their personal data (first name and last name, address, e-mail address, phone number and, where applicable, company name, business address, NIP and the IP address of the computer used by the User) to the Seller.
- In the case of Orders placed without Account registration, and/or contact with the Seller, and/or use of the services provided by the Seller by electronic means, the legal basis for personal data processing is the performance of the Sale Contract / contract for the performance of services selected by the User by electronic means, and/or actions aimed at executing the Sale Contract / contract for the provision of services by electronic means, contact with the User, according to the User’s request, in accordance with Article 6(1)(b) of 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 (General Data Protection Regulation) (hereinafter referred to as the “GDPR”). If the User has registered an Account and/or signed up for the newsletter, the legal basis for personal data processing is the User’s consent, according to the provisions of Article 6(1)(a) of the GDPR.
- The Seller is the controller of the personal data. Providing the personal data in each of the situations indicated in item 1 is optional, but it is necessary to implement the purpose for which the data were acquired.
PART X – OTHER PROVISIONS:
- Matters not regulated in these Terms and Conditions will be governed by the relevant provisions of the Polish law, including, in particular, the Civil Code, the Electronic Services Act, the GDPR and – with respect to Consumers and Consumers-Entrepreneurs – also the Consumer Rights Act.
- For avoidance of doubt, it is hereby certified that none of the provisions of these Terms and Conditions prejudice or exclude the rights of the Customer provided by the laws of the Customer’s country. If the laws of the Customer’s country are more beneficial to the Customer than the provisions of the Polish law, and they are generally applicable, they will apply to both the Seller and the Customer regarding the Sale Contract executed according to these Terms and Conditions.
- The Seller may modify these Terms and Conditions for important reasons (e.g., change of law, change in the operation of the Online Store). Any change of the Terms and Conditions will be communicated to the User at least 14 days before the effective date of the change (suitable information about the changes of the Terms and Conditions will be published on the website of the Online Store, and Users with an Account will be notified of the modification of the Terms and Conditions by e-mail). If the User does not accept the amended Terms and Conditions, they may choose to no longer use the Online Store and terminate the Contract for the provision of services. This does not exclude or prejudice the User’s right to stop using the Online Store at any time.
- The contents of these Terms and Conditions may be recorded by printing, saving on a data storage medium or downloading from the Online Store at any time.
- Provisions of the Terms and Conditions should be interpreted consistently with the applicable law.
The Terms and Conditions are effective as of 01/02/2021 (1st February 2021)