TERMS AND CONDITIONS
1.
The Regulations define the general terms, conditions, rules and form of sales by Piotr Białek, conducting business activity under the company BIAŁEK DESIGN STUDIO PIOTR BIAŁEK, based in Warsaw, through the online shop www.bialekdesignstudio.com (hereinafter referred to as the "Online Shop") and define the rules and conditions for provision of free services by electronic means by Piotr Białek, conducting business activity under the company BIAŁEK DESIGN STUDIO PIOTR BIAŁEK, based in Warsaw.
Article 1 - Definitions
1.
Consumer - means a natural person making a legal transaction with an entrepreneur not directly related to his or her business activity or profession.
2.
Contract of Sale – means a contract of sale concluded at a distance under the terms of the Regulations, by and between the Customer and the Seller.
3.
Customer - means an entity to the benefit of which services may be provided by electronic means in accordance with the Rules and Regulations or with which a Contract of Sale may be concluded.
4.
Customer Account - means an individual panel for each Customer, established by the Seller after the Customer registration and conclusion of the contract for provision of the Customer Account service.
5.
Delivery - means a physical act of providing the Customer by the Seller, through the Supplier, with Products specified in the order.
6.
Durability – the ability of the Good to retain its function and characteristics during normal use.
7.
Durable medium – means material or device enabling the Customer or the Seller to store information addressed personally to them in a manner allowing for access to such information for future reference for a period of time adequate for the purposes of information and allowing the unchanged reproduction of the information stored.
8.
Entrepreneur with Consumer Rights - means a natural person who concludes a Contract of Sale directly related to their business activity, if it appears in the content of the Contract of Sale that they do not have a professional character for that Entrepreneur, which results, in particular, from the subject of their business activity, made available on the basis of the regulations on Central Register and Information on Business Activity.
9.
Entrepreneur- means a natural person, a legal person, or an organisational unit other than a legal person to which legal capacity is granted by law; such a person shall carry out in its own an economic or professional activity and perform a legal action directly related to its economic or professional activity.
10.
Materials – contents and multimedia objects (e.g. information, data, graphics, pictures) including works within the meaning of the Act on copyright and related rights, as well as images of individuals provided by the Customer to be placed on the ordered Products.
11.
Offer - means an offer the subject of which is the Product offered by the Seller, presented by the Seller via e-mail, sent to the Customer as a result of a request for quotation.
12.
Password - means a sequence of letters, digits, or other characters selected by the Customer during Registration in the Online Shop, used to secure access to the Customer Account in the Online Shop.
13.
Product - means a product presented by the Seller via the Shop Website which can be a subject of the Contract of Sale.
14.
Registration - means a physical act made in the manner prescribed in the Regulations, as required for use by the Customer of all the functionalities of the Online Shop.
15.
Regulations – mean these regulations.
16.
Seller - means Piotr Białek running a business under the company BIAŁEK DESIGN STUDIO PIOTR BIAŁEK, based in Warsaw (02-601), ul. Racławicka 40/24, tax identification number: 6782897762, National Business Registry Number: 363432014, entered in the Central Register and Information on Business Activity kept by the Ministry for Economic Development; e -mail: bialekdesignstudio@gmail.com, who is also an owner of the Online Shop.
BDO Number - 000000000.
17.
Shop Website - means web pages, under which the Seller runs the Online Shop, operating in the www.bialekdesignstudio.com domain.
18.
Supplier - means a company with which the Seller cooperates in the Delivery of the Products:
a)
a courier company;
b)
Polish Post (Poczta Polska S.A.) based in Warsaw.
19.
Working days - mean weekdays from Monday to Friday excluding public holidays.
Article 2 - General provisions and use of the Online Shop
1.
All rights to the Online Shop, including copyrights, intellectual property rights to its name, Internet domain, Shop Website, as well as patterns, forms, logos belong to the Seller, and may be used only as specified in and in accordance with the Regulations.
2.
The Seller shall endeavour to provide access to the Online Shop for the Internet Users via all popular web browsers, operating systems, computer types and types of the Internet connections. The Seller does not guarantee and shall not be responsible for ensuring that each configuration variant of electronic equipment owned by the Internet User will allow to use the Online Shop. Minimum technical requirement for using the Shop Website, subject to the preceding sentence, is a web browser with enabled Javascript and installed Adobe Flash plugin without systems locking the display of Flash objects, that accepts "cookies".
3.
The Seller applies a mechanism of cookies, which - when the Customers use the Shop Website - are stored by the Seller's server on the hard disk of a Customer's terminal device(s). The use of "cookies" is intended to ensure correct operation of the Shop Website by the Customer's terminal device(s). This mechanism does not destroy the Customer's terminal device(s) and does not change the configuration of the Customer's terminal device(s) or software installed thereon. Each Customer can turn off the cookies in the browser of his/her terminal device(s). The Seller informs, however, that exclusion of cookies may cause inconvenience or prevent the use of the Shop Website.
4.
To place an order in the Online Shop via the Shop Website and to take advantage of the Services available at the Shop Website, the Customer must have an active e-mail account.
5.
The Customer is prohibited to input illegal content and to use the Online Shop, the Shop Website or free services provided by the Seller in a manner contrary to law, good practices or the violating personal rights of third parties.
6.
The Seller represents that the public nature of the Internet and the use of electronic services may be associated with the risk of obtaining and modifying Customers data by unauthorised persons, therefore the Customer should use appropriate technical measures to minimise the above-mentioned risks. In particular, they should use anti-virus programmes and programmes protecting the identity of the Internet Users. The Seller shall never ask the Customer to provide him with access to the password in any form.
7.
It is not allowed to use the resources and functions of the Online Store for the purpose of conducting business by the Customer that would violate the interest of the Seller, i.e. advertising activities of another entrepreneur or product; activity consisting in posting content unrelated to the activity of the Seller; activity consisting in posting false or misleading content.
Article 3 - Registration
1.
To create a Customer Account, the Customer must make a free Registration.
2.
The Registration is not necessary to place an order in the Online Shop.
3.
In order to register, the Customer must complete the registration form provided by the Seller at the Shop Website and forward the completed form by e-mail to the Seller by selecting an appropriate function contained in the registration form. During the Registration the Customer shall establish an individual Password.
4.
While filling out the registration form the Customer is given the opportunity to read the Regulations, accepting the contents thereof by marking a relevant field in the form.
5.
During the Registration the Customer may at his/her own discretion give consent to the processing of his/her personal data for marketing purposes by marking a relevant field in the registration form. In this case, the Seller shall clearly indicate the purpose of collecting the Customer's personal data, as well as data recipients, known to or expected by the Seller.
6.
The Customer's consent to the processing of his/her personal data for marketing purposes shall not condition the conclusion with the Seller of a contract for the provision of the Customer Account service by electronic means. The consent may be revoked at any time by filing a relevant statement by the Customer. Such a statement may be sent to the Seller's address, e.g. by e-mail.
7.
After submitting a completed registration form, the Customer shall promptly receive, to the e-mail address provided on the registration form, the Registration confirmation by the Seller. At that time the contract is concluded for the provision of the Customer Account service by electronic means, the Customer shall get access to the Customer Account and the right to make changes to data given during the Registration, with the exception of the Login.
Article 4 - Orders
1.
Information included in the Shop Website shall not constitute the Seller's offer within the meaning of the Civil Code, and only an invitation for the Customers to submit offers for conclusion of the Contract of Sale.
2.
The Customer may place orders in the Online shop via the Shop Website on a 24-hour/7-day-a-week basis.
3.
The Customer placing an order via the Shop Website compiles the order by selecting the desired Products. The Products are added to the order by selecting the ADD TO CART button under a given Product presented on the Shop Website. After compiling the whole order and identifying in the "CART" the manner of the Delivery and the form of payment, the Customer shall place the order by sending an order form to the Seller, selecting on the Shop Website the "ORDER AND PAY" button. Each time before sending the order to the Seller, the Customer is informed about the total price for selected Products and the Delivery, as well as about any additional costs the Customer is obliged to incur under the Contract of Sale.
4.
Placing an order means an offer of the Customer to the Seller to enter into a Contract of Sale of Products covered by the order.
5.
After the order is placed, the Seller shall send an order confirmation to the e-mail address provided by the Customer.
6.
After confirmation of the order, the Seller shall send information on acceptance of the order for execution to the e-mail address provided by the Customer. Information about acceptance of the order for execution constitutes a statement of the Seller about acceptance of the offer referred to in Article 4.5 above and, upon receipt thereof by the Customer, the Contract of Sale is concluded.
7.
The customer has the option of placing an individual order in which the Goods will be made according to his specifications or will serve to satisfy his individual needs. For this purpose, the Customer sends the Seller a request for quotation and Materials via e-mail, to the e-mail address indicated on the Store's Website or via the Contact Form "or via the Facebook and Instagram messenger - this way" all details of the Offer are determined in including, inter alia, the gross price of the Goods manufactured according to the Customer's specifications or serving to satisfy his individual needs; possible forms and date of payment, as well as methods of Delivery along with an indication of their cost; main features of the service being the subject of the Offer; the date of performance, taking into account the subject of the service; as well as information on all additional payments that the Customer would have to incur in connection with the Sales Agreement.
8.
In return, the Customer receives a message via e-mail containing the Seller's registration data, all the details of the Offer, including, inter alia, the gross price of the Goods manufactured according to the Customer's specifications or serving to satisfy his individual needs; possible forms and date of payment, as well as methods of Delivery along with an indication of their cost; main features of the service being the subject of the Offer; the date of performance, taking into account the subject of the service; as well as information on all additional payments that the Customer would have to incur in connection with the Sales Agreement. The message also contains information for the Customer that if he concludes a Sales Agreement via e-mail, it entails an obligation to pay. On the basis of the information provided, the Customer may place an order by returning an e-mail indicating the selected form of payment and the method of Delivery, and at that moment the Sales Agreement is concluded, under the conditions specified in the Offer.
9.
After conclusion of the Contract of Sale, the Seller confirms to the Customer the terms and conditions thereof by sending them on a durable medium to the Customer's e-mail address or in writing to the address provided by the Customer upon the Registration or while placing the order.
Article 5 - Payments
1.
Prices on the Shop Website presented next to a given Product are gross prices and do not include information regarding the costs of the Delivery and any other costs which the Customer will be obliged to pay under the Contract of Sale, about which the Customer will be informed when selecting the method of the Delivery and upon placing an order.
2.
The Customer may choose the following forms of payment for ordered Products:
a)
bank transfer to the Seller's bank account (in such a case execution of the order will shall be initiated after the Seller sends to the Customer confirmation of acceptance of the order and once the money is credited to the Seller's bank account);
b)
bank transfer executed by external PayPal payment system handled by PayPal (Europe) S.à r.l. & Cie, S.C.A. seated in Luxemburg (in this case execution of the order will be initiated after the Seller sends to the Customer confirmation of acceptance of the order and after receipt of information from the PayPal system about successful completion of payment);
c)
payment card or bank transfer via an external payment system Stripe, operated by Stripe Inc. with its registered office in San Francisco, California (in such a case execution of the order shall be initiated after the Seller sends to the Customer confirmation of acceptance of the order and after receipt of information from the Stripe system about successful completion of payment).
3.
The Customer should pay for the order in the amount resulting from the Contract of Sale within 2 Days, if chosen payment in advance.
4.
In the event of the Customer's failure to pay the payment by the deadline referred to in Article 5.3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a durable medium.The information about the additional payment deadline also includes information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of ineffective expiry of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the contract on a durable medium pursuant to art. 491 of the Civil Code.
Article 6 - Delivery
1.
The Seller carries out the Delivery on the territory of the Europe, USA, Canada and Australia.
2.
The Seller shall deliver the Products constituting the subject of the Contract without defects.
3.
The Seller shall publish on the Shop Website information on the number of Working Days needed to execute the Delivery and fulfil the order.
4.
The deadline for the Delivery and execution of the order specified on the Shop Website shall be calculated in the Working Days in accordance with Article 5.2.
5.
Ordered Product(s) shall be delivered to the Customer through the Supplier, to the address indicated on the order form.
6.
On the day of Products dispatch to the Customer the Seller shall confirm the shipment by e-mail to the Customer.
7.
The Customer shall examine the delivered Product(s) in the customary time and manner for shipments of that type in the presence of the Supplier's employee. In the event of discovery of shortage or damage relating to the shipment, the Customer shall be entitled to demand from the Supplier's employee to draw up a relevant report.
8.
The Seller shall, in accordance with the Customer's wish, attach to the shipment being the subject of Delivery a receipt or VAT invoice covering the delivered Product(s).
9.
In order to receive a VAT invoice, the customer should declare at the time of purchase that he is purchasing the Goods as an Entrepreneur (taxpayer). The above declaration is submitted by marking the appropriate field in the order form, before sending the order to the Seller or information in the case of personalized orders.
10.
In the event of absence of the Customer at the address specified by the Customer upon placing the order as the address of the Delivery, the Supplier's employee shall leave an advice note or shall attempt to contact the Customer by phone to agree a time when the Customer will be present. If the ordered Product(s) is/are returned to the Online Shop by the Supplier, the Seller shall contact the Customer by e-mail or phone to agree the time and cost of the re-Delivery.
Article 7 - Statutory warranty for entrepreneurs
1.
The Seller ensures the Delivery of Goods free of defects. The Seller is liable to the Entrepreneur if the Goods are defective.
2.
If the Goods are defective, the Entrepreneur may:
a)
file a request that the price be reduced or withdraw from the Sales Contract, unless the Seller immediately and without excessive inconvenience for the Entrepreneur 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 Goods or to remove defects. The Entrepreneur may, instead of removing the defect proposed by the Seller, require the Goods to be replaced with defect-free ones or, instead of replacing the Goods, require that the defect be removed, unless bringing the Goods into compliance with the contract in the manner chosen at the Entrepreneur's discretion is impossible or would require excessive costs compared to the manner proposed by the Seller. In assessing the unreasonableness of costs, the value of the defect-free Goods, the nature and significance of the defect found and the inconvenience to which other means of satisfaction would expose the Entrepreneur are to be taken into account.
The Entrepreneur may not withdraw from the Sales Contract if the defect is immaterial.
b)
demand that the defective Goods be replaced with defect-free ones or that the defect be rectified. The Seller is required to replace the defective Goods with defect-free ones or remove the defect within a reasonable time without undue inconvenience for the Entrepreneur.
The Seller may refuse to satisfy the Entrepreneur's request if conforming the defective Goods to the Sales Contract in the manner chosen at the Entrepreneur's discretion is impossible or would require unreasonable costs compared to the other possible manner of achieving compliance with the Sales Contract. The cost of repair or replacement is to be borne by the Seller.
3.
The Seller assumes liability under the statutory warranty if a physical defect is discovered before the expiry of two (2) years from the delivery of the Goods to the Entrepreneur. A claim for rectification of a defect or replacement of the Goods with defect-free ones will be barred by the statute of limitations after one (1) year, but this period may not end before the expiry of the term referred to in the first sentence. Within this term, the Entrepreneur may withdraw from the Sales Contract or make a request that the price be reduced due to a defect in the Goods. If the Entrepreneur demands replacement of the Goods with defect-free ones or rectification of the defect, the time limit for withdrawal from the Sales Contract or submitting a request that the price be reduced begins upon the ineffective expiry of the time limit for the replacement of the Goods or rectification of the defect
4.
The Entrepreneur exercising the rights under the statutory warranty is obliged to deliver the defective item to the address of the Seller. The cost of such delivery is to be borne by the Seller.
5.
Any complaints related to the Product(s) or performance of the Contract of Sale may be submitted by the Entrepreneur in writing to the Seller's address
6.
The Seller shall within 14 days from the date of demand containing the complaint express his opinion on the complaint regarding the Product(s) or performance of the Contract of Sale submitted by the Entrepreneur.
7.
The Entrepreneur may file a complaint to the Seller in connection with free electronic services provided by the Seller. The complaint may be sent in an electronic form to the address bialekdesignstudio@gmail.com. In the complaint the Entrepreneur shall include a description of the problem. The Seller shall immediately, however not later than within 14 days, consider the complaint and respond to the Entrepreneur.
Article 8 - Non-compliance of the good with the contract
Complaint of the Consumer and Entrepreneur with the Consumer's rights
1.
The Good is compliant with the contract if, in particular, the following aspects thereof remain in compliance with the contract:
a)
description, type, quantity, quality, completeness and functionality and, for goods with digital elements, also compatibility, interoperability and availability of updates;
b)
fitness for a specific purpose for which the Consumer or Entrepreneur with the Consumer's rights requires it, of which the Consumer or Entrepreneur with the Consumer's rights notified the Seller at the latest at the time of the execution of the contract and which the Entrepreneur accepted.
2.
In addition, the Good, in order to be deemed compliant with the contract, must:
a)
be fit for the purposes for which the Good is normally used, taking applicable law, technical standards or good practice into account;
b)
be available in such quantity and have such features, including durability and safety and, in relation to the Goods with digital elements – also functionality and compatibility typical of such Good and which the Consumer or Entrepreneur with the Consumer's rights may reasonably expect, taking into account the nature of the Good and the public assurances made by the Seller, their legal predecessors or persons acting on their behalf, particularly in advertising or on labelling, unless the Seller demonstrates that:
a.
they did not know of the public assurance in question and, judging reasonably, could not have known thereof;
b.
they did not know of the public assurance in question and, judging reasonably, could not have known thereof;
c.
prior to the execution of the contract, the public assurance was rectified under the conditions and in the form of the public assurance, or in a comparable manner;
d.
prior to the execution of the contract, the public assurance was rectified under the conditions and in the form of the public assurance, or in a comparable manner;
e.
public assurance did not influence the decision of the Consumer or Entrepreneur with the Consumer's rights about executing the contract;
f.
public assurance did not influence the decision of the Consumer or Entrepreneur with the Consumer's rights about executing the contract.
c)
accessories and instructions are provided with the packaging which the Consumer or Entrepreneur with the Consumer's rights may reasonably be expected to provide;
d)
same quality is ensured as the sample or model which the Seller made available to the Consumer or Entrepreneur with the Consumer's rights prior to the execution of the contract and the quality refers to the description of such a sample or model.
3.
The Seller does not assume liability for the non-compliance of the Good with the contract to the extent referred to in §9(2), if the Consumer or Entrepreneur with the Consumer's rights, at the latest at the time the contract is executed, was expressly informed that a specific characteristic of the Good deviates from the requirements for compliance with the contract as set out in §9(2), and expressly and separately accepted the lack of a specific characteristic of the Good.
4.
The Seller does not assume liability for the non-compliance of the Good with the contract resulting from the improper installation of the Good if:
a)
it was carried out by or under the responsibility of the Seller;
b)
incorrect installation carried out by the Consumer or Entrepreneur with the Consumer's rights authorised was attributable to errors in the instructions provided by the Entrepreneur or third party.
5.
The Seller assumes liability due to the non-compliance of the Good with the contract at the time of provision and disclosed within two (2) years from that time, unless the Good's shelf life, as determined by the Seller, their legal predecessors or persons acting on their behalf, is longer. The non-compliance of the Good with the contract which becomes apparent before the lapse of two (2) years after the provision of the Good is presumed to have existed at the time of provision, unless the contrary is proved or the presumption may not be reconciled with the specific nature of the Good or nature of such a non-compliance of the Good with the contract.
6.
The Seller may not rely on the expiry of the time limit for establishing the non-compliance of the Good with the contract set out in §9(5) if the Seller fraudulently concealed such non-compliance.
7.
If the Good is not compliant with the contract, the Consumer or Entrepreneur with the Consumer's rights may demand repair or replacement.
8.
The Seller has the right to make a replacement when the Consumer or Entrepreneur with Consumer's rights requests a repair, or the Seller has the right to make a repair when the Consumer or Entrepreneur with Consumer's rights requests a replacement, if bringing the Goods into compliance with the contract in a manner selected by the Consumer or Entrepreneur with Consumer's rights is impossible or would require incurring excessive costs on the part of the Seller. If the repair and replacement are impossible or would require incurring excessive costs on the part of the Seller, the Seller may refuse to bring the Good into compliance with the contract.
9.
When assessing the unreasonableness of such costs for the Seller, all the circumstances of the case are to be taken into account, in particular the significance of the non-compliance of the Good with the contract, the value of the Good compliant with the contract and the excessive inconvenience to the Consumer or Entrepreneur with the Consumer's rights arising from the changed manner of bringing the Good into compliance with the contract.
10.
When assessing excess costs for the Seller, all circumstances of the case are to be taken into account, in particular the significance of the non-compliance of the Good with the contract, the value of the Good compliant with the contract and the excessive inconvenience to the Consumer or Entrepreneur with the Consumer's rights arising from the change in a manner of bringing the Good into compliance with the contract.
11.
The Seller is to make a repair or replacement within a reasonable time after being notified by the Consumer or Entrepreneur with the Consumer's rights of such non-compliance with the contract, and without undue inconvenience to the Consumer or Entrepreneur with the Consumer's rights, taking into account the specificity of the Good and the purpose for which the Consumer or Entrepreneur with the Consumer's rights purchased it. The costs of repair or replacement, particularly including the costs of postage, carriage, labour and materials, are to be borne by the Seller.
12.
The Consumer or Entrepreneur with the Consumer's rights is to make the Good to be repaired or replaced available to the Seller. The Seller collects the Good from the Consumer or Entrepreneur with the Consumer's rights at their own expense.
13.
The Consumer or Entrepreneur with the Consumer's rights may use the Complaint Form provided by the Seller : Complaint Form.
14.
The Consumer or Entrepreneur with the Consumer's rights may send photographic documentation of the Good under complaint to the e-mail address of the Seller, based on which the Seller may consider the complaint of the Good within fourteen (14) days, starting from the date of the request containing the complaint.
15.
If the Good was assembled before the non-compliance of the Good with the contract became apparent, the Seller is to disassemble the Good and reassemble it after the repair or replacement, or have the process carried out at their own expense.
16.
The Consumer or Entrepreneur with the Consumer's rights is not obliged to pay for the normal use of the Good subsequently replaced.
17.
If the Good does is not compliant with the contract, the Consumer or Entrepreneur with the Consumer's rights has the right to request that the price be reduced or to withdraw from the contract when:
a)
The Seller has refused to bring the Good into compliance with the contract pursuant to §9(8) above;
b)
The Seller has not brought the Good into compliance with the contract in accordance with §9(10) to §9(14) above;
c)
non-compliance of the Good with the contract continues despite the fact that the Seller has tried to bring the Good into compliance with the contract;
d)
non-compliance of the Good with the contract is such as to justify a reduced price or withdrawal from the contract without first having recourse to the remedy set out from §9(7) to §9(14) above;
e)
it is evident from the Seller's statement or circumstances that the Seller will not bring the Good into compliance with the contract within a reasonable time or without undue inconvenience to the Consumer or Entrepreneur with the Consumer's rights.
18.
The Seller is obliged to respond to the Consumer's complaint within fourteen (14) days of receiving it
19.
The Seller refunds the Consumer or Entrepreneur with the Consumer's rights with amounts due as a result of exercising the right to have the price reduced immediately, no later than within fourteen (14) days from the day of receiving of the statement of the Consumer or Entrepreneur with the Consumer's rights as regards the price reduction.
20.
The Consumer or Entrepreneur with the Consumer's rights may not withdraw from the contract if the non-compliance of the Good with the contract is immaterial. The non-compliance of the Good with the contract is deemed as material.
21.
If the non-compliance is only related to some of the Goods provided under the contract, the Consumer or Entrepreneur with Consumer's rights may withdraw from the contract only as regards such Goods and also other Goods acquired by the Consumer or Entrepreneur with Consumer's rights together with the Goods non-compliant with the contract, if the Consumer or Entrepreneur with the Consumer's Rights may not reasonably be expected to agree to keep only such Goods as are compliant with the contract.
22.
In the event of withdrawal from the contract, the Consumer or Entrepreneur with the Consumer's rights is to immediately return the Good to the Seller at their expense. The Seller refunds the price to the Consumer or Entrepreneur with the Consumer's rights immediately, but no later than within fourteen (14) days of receipt of the Good or proof of its return.
23.
The Seller is to refund the price with the same method of payment used by the Consumer or Entrepreneur with the Consumer's rights, unless the Consumer or Entrepreneur with the Consumer's rights expressly agreed to another refund method that does not necessitate incurring any costs for the Consumer or Entrepreneur with Consumer's rights.
24.
The Seller is to refund the price with the same method of payment used by the Consumer or Entrepreneur with the Consumer's rights, unless the Consumer or Entrepreneur with the Consumer's rights expressly agreed to another refund method that does not necessitate incurring any costs for the Consumer or Entrepreneur with Consumer's rights.
25.
The Seller does not take advantage of out-of-court settlement of disputes, mentioned in the law of 23 September 2016 on out-of-court settlement of consumer disputes.
26.
The Seller does not make use of the out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
Article 9 - Rescission of the Contract of Sale
1.
The Customer being a Consumer or Entrepreneur with Consumer Rights who concluded the Contract of Sale may within 14 days rescind the Contract of Sale without giving any reasons.
2.
Period for withdrawal from the Contract of Sale commences from the moment of taking possession of the Products by a Consumer, an Entrepreneur with Consumer's rights or a third party indicated by them other than the carrier.
A Consumer and an Entrepreneur with Consumer rights may withdraw from the Contract of Sale by submitting a statement of withdrawal to the Seller. The notification may be submitted, for example, in writing to the Seller's address, i.e: BIAŁEK DESIGN STUDIO PIOTR BIAŁEK, ul. Racławicka 40/24 (02-601), Warszawa, or by e-mail to the Seller's address, i.e: bialekdesignstudio@gmail.com. The notification may be submitted as part of the form, a template of which has been placed by the Seller on the Shop's Website at: Order cancellation. In order to meet the deadline, it is only necessary to send the notification before the deadline.
A Consumer and an Entrepreneur with Consumer rights may terminate the Contract of Sale by submitting a notification of termination to the Seller via the form available on the following website: Electronic withdrawal form. To meet the deadline it is only necessary to send the notification before its expiration. The Seller shall immediately provide the Consumer and the Entrepreneur with Consumer's rights with confirmation of receipt of the form submitted via the website.
3.
In the case of rescission of the Contract of Sale, the contract shall be treated as if it had never been concluded.
4.
If the Consumer or Entrepreneur with Consumer Rights submits the statement on rescission of the Contract of Sale before the Seller accepts the Customer's offer, the offer ceases to be binding.
5.
The Seller shall immediately, not later than within 14 days from the date of receipt of the Consumer's or Entrepreneur with Consumer Rights statement on rescission of the Contract of Sale, return to the Consumer or Entrepreneur with Consumer Rights all payments made by the Consumer or Entrepreneur with Consumer Rights, including the costs of delivery of the Product to the Consumer or Entrepreneur with Consumer Rights. The Seller may withhold reimbursement of the amounts paid by the Consumer or Entrepreneur with Consumer Rights until receipt of the returned Product or delivery by the Consumer or Entrepreneur with Consumer Rights of a proof of sending the Product, whichever occurs earlier.
6.
If the Consumer or Entrepreneur with Consumer Rights exercising the right of rescission selects the method of the Delivery of the Product other than the cheapest ordinary Delivery method offered by the Seller, the Seller shall not be obliged to reimburse to the Consumer or Entrepreneur with Consumer Rights the additional costs incurred by the Customer.
7.
The Consumer or Entrepreneur with Consumer Rights shall return the Product to the Seller immediately, however not later than within 14 days from the date of rescission of the Contract of Sale. To abide by the deadline, it is enough to send the Product to the Seller's address before expiry of such deadline.
8.
In the event of rescission the Consumer or Entrepreneur with Consumer Rights shall only incur the direct costs of returning the Product.
9.
If, due to its nature, the Product cannot be sent back by traditional mail, the Seller shall inform the Consumer or Entrepreneur with Consumer Rights about the costs of returning such Product on the Shop Website.
10.
The Consumer or Entrepreneur with Consumer Rights shall bear liability for decrease of the value of the Product as a result of use thereof outside the manner necessary to determine the nature, features and functioning of the Product.
11.
The Seller shall reimburse the payment using the same method of payment as the one used by the Consumer or Entrepreneur with Consumer Rights, unless the Consumer or Entrepreneur with Consumer Rights expressly agrees to other method of reimbursement which does not entail any costs for the Consumer or Entrepreneur with Consumer Rights.
12.
The right to rescind the Contract of Sale is not vested in the Consumer or Entrepreneur with Consumer Rights as regards contracts in the case of which the Product is a non-prefabricated good made to the Consumer’s specifications or serving to satisfy the Consumer's individualised needs.
Article 10 - Free Services
1.
The Seller renders the following free electronic services to Customers:
a)
Contact Form;
b)
Newsletter;
c)
Customer Account service.
2.
The services specified in Article 10.1 above shall be provided 24 hours a day, 7 days a week.
3.
The Seller reserves the right to choose and change the type, form, time and method of providing access to some of these services, and shall inform the Customer thereof in a manner appropriate to amend the Regulations.
4.
The service: Contact Form means sending a message via the form available at the Shop Website to the Seller.
5.
It is possible to unsubscribe from the free service Contact Form at any time by discontinuing sending enquiries to the Seller.
6.
The Newsletter service shall be available to every Customer who enters his/her e-mail address by means of the registration form made available via the Website by the Seller. After sending the completed registration form, the Customer shall promptly receive the Seller's confirmation by e-mail, to the address provided in the registration form. At that time the contract for the provision of electronic Newsletter services is concluded.
During the Registration, the Customer may additionally mark a relevant field in the registration form in order to subscribe for the Newsletter service.
7.
The Newsletter is a service thanks to which the Seller is sending information by electronic mail, about new products or services offered by the Seller. The Newsletter shall be sent by the Seller to all Customers who have subscribed.
8.
Every Newsletter addressed to given Customers shall include, in particular: information about the sender, completed field "subject" specifying the content and information about the possibility and manner of unsubscribing from the free service Newsletter.
9.
The Customer may at any time resign from receiving the Newsletter by opting out of the subscription using a link contained in each e-mail sent under the Newsletter service, or by activating a relevant box in the Customer Account.
10.
The Customer Account service is available after the Registration on terms described in the Regulations and consists of making available to the Customer a dedicated panel within the Shop Website enabling the Customer to modify data provided upon the Registration, as well as to track the status of orders and history of already fulfilled orders.
11.
The Customer who made the Registration may submit to the Service Provider a request for deletion of the Customer Account wherefore in the event of submission to the Service Provider of a request for deletion of the Customer Account, such account may be deleted not later than within 14 days from submission of the demand.
12.
The Seller shall be entitled to block access to the Customer Account and to free services in the event the Customer acts to the detriment of the Seller or other Customers, breaches the law or the Regulations, as well as if blocking access to Customer Account and free services is justified on the grounds of safety, in particular: overcoming securities of the Shop Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the above mentioned reasons shall last for a period necessary to resolve issues giving rise to blocking the access. The Seller shall notify the Customer about blocking the access to the Customer Account and free electronic services by e-mail sent to the address provided by the Customer in the registration form.
Article 11 - Personal data protection
1.
The rules for the Personal Data protection are set out in the Privacy Policy.
Article 12 - Termination of the contract (not applicable to Contracts of Sale)
1.
Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other Party before termination of the above-mentioned agreement and the provisions below.
2.
The Customer, who has registered, may terminate the contract for the provision of electronic services by demanding the Seller to remove the Customer Account, using any means of distance communication, allowing the Seller to become acquainted with the Customer's declaration of intent.
3.
The Seller may terminate the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during Registration.
Article 13 - Final provisions
1.
The Seller shall be liable for non-performance or improper performance of the contract but, in the case of contracts with the Customers being Entrepreneurs, the Seller shall be liable only for deliberate damage and within the limits of losses actually incurred by the Customer being the Entrepreneur.
2.
The contents of these Regulations may be recorded by being printed, copied to a storage device or downloaded at any time from the Shop Website.
3.
In the event of a dispute related to the concluded Contract of Sale, the parties shall seek to resolve the matter amicably. The Polish law shall be applicable to settlement of any disputes arising under these Regulations.
4.
The Seller informs the Customer, being the Consumer, of the possibility of taking advantage of out-of-court means of settling complaints and obtaining redress. Rules of access to such procedures are available at the offices or on the internet sites of the entities responsible for out-of-court settlement of disputes. These may be in particular Consumer rights spokespersons or the Voivodship Inspectorate of Trade Inspection, the list of which is available on the internet site of the Office of Competition and Consumer Protection at the address http://www.uokik.gov.pl/spory_konsumenckie.php.
The Seller provides information that at the address http://ec.europa.eu/consumers/odr/ there is available the platform of an online system of settling disputes between consumers and businesspersons at the EU level (the ODR platform).
5.
The Seller reserves the right to amend these Regulations. All orders accepted by the Seller prior to entry into force of the new Regulations shall be delivered based on the Regulations in force at the date of placing the order by the Customer. The amended Regulations shall enter into force within 7 days from the date of publication thereof on the Shop Website. The Seller shall inform the Customer 7 days before entry into force of the new Regulations about the amendment to the Regulations by email, including a link to the contents of the amended Regulations. If the Customer does not accept the new contents of the Regulations, the Customer shall notify the Seller about this fact, which shall result in termination of the contract in accordance with the provisions of article Article 12.
6.
The Regulations shall come into force on 01.01.2023.