§ 1 Whenever this document refers to:

  1. Price – this means the gross value, including value-added tax and excise tax, if applicable, expressed in Polish zlotys, which the Customer is obliged to pay to the Seller for the subject of the Agreement.
  2. Business days – this refers to days from Monday to Friday, excluding statutory holidays.
  3. Payment service providers – this refers to entities specified in the Store that are payment institutions within the meaning of the provisions of the Act of 19 August 2011 on payment services, through which the Customer can make payment of the Price.
  4. Customer – this refers to a natural person, legal person, or organisational unit to which the Civil Code grants legal capacity.
  5. Seller – this refers to the entity operated by Izabella Michalak conducting business under the name Rollen Polska – Studio Figura Izabella Michalak, with its registered office in Wiązowa 56 Street Lusówko, 62-080 Tarnowo Podgórne, Tax Identification Number (NIP): 7831266218, National Business Registry Number (REGON): 300224173.
  6. Account – this refers to an account in the Login Service that enables the Customer to enter into an Agreement.
  7. Cart – this refers to a visually and functionally distinct part of the Store where detailed terms and conditions are presented under which the Parties conclude an Agreement.
  8. Store - this refers to the online store operated at the address: https://sklepstudiofigura.com.pl/en/. Changing the store address does not constitute a change to the Regulations and will be communicated through the Store
  9. Newsletter - this refers to the bulletin sent by the Seller via email to the Customer who has given appropriate consent to receive it.
  10. Promotions - this refers to all actions by the Seller that contribute to the increase in demand for Goods and Services offered in the Store. The specific terms of a particular Promotion are determined by the Seller on the Card, in the Cart, within the Store, or in a separate regulation for that Promotion.
  11. Regulations - this means these regulations
  12. Login Site - this means the Login Site within the meaning of the Terms of Use
  13. Parties - this means the Seller and the Customer
  14. Goods - this means products offered through the Store
  15. Agreement - this means a Sales Agreement
  16. Order - this means the Customer's declaration of will submitted via the Form in order to conclude an Agreement with the Seller
  17. Form - this means a graphically and functionally separated part of the Store, through which the Customer selects, based on the options provided by the Seller, the detailed terms of the Agreement.

§ 2 Mandatory Information

  1. The Regulations define the rules for the provision of Electronic Services by the Seller, as well as the conclusion and execution of Agreements by the Parties.
  2. Subject to applicable legal provisions, by entering into an Agreement, the Customer declares that they have familiarised themselves with the content of the Regulations.
  3. To avoid any doubt, the completion and submission of the Form by the Customer shall be deemed an offer within the meaning of Article 66 and 661 of the Civil Code, the terms of which are supplemented by the provisions of the Regulations, and the Agreement is concluded upon the Customer's statement of acceptance of the offer being delivered to the Seller. The information contained in the Store, including on Cards, Forms, or in the Cart, constitutes an invitation to agree, by Article 71 of the Civil Code.
  4. The Seller may change the Regulations at any time by making the new version available in the Service. The change takes effect from the 1st day after the old Regulations are replaced with the new ones unless the new Regulations provide for a later effective date for the change.
  5. The Customer may use Electronic Services or enter into Agreements through a specific individual authorised by them. It is presumed that such an individual has been authorised by the Customer to undertake all actions in the Store, including making binding declarations of intent on behalf of the Customer. If an Agreement between the Parties is concluded using the Electronic Service Account, it is presumed that the individual who uses such Electronic Service has been authorised by the Customer to do so.
  6. Within the Store, the Seller provides the following Electronic Services to the Customer:
    1. Account
    2. Form
    3. Newsletter
  7. All Electronic Services are provided free of charge.
  8. The condition for the Customer's use of Electronic Services is the fulfilment by the Customer's equipment of the following technical requirements necessary to cooperate with the teleinformatics system used by the Seller:
    1. for Electronic Services Account and Form - use the current version of one of the following web browsers:
      • IE version 11 and above,
      • Edge version 12 and above,
      • Firefox version 54 and above,
      • Chrome version 51 and above,
      • Safari version 10 and above,
      • Opera version 38 and above.
  9. s part of using Electronic Services, the Customer is prohibited from providing content of an unlawful nature.
  10. Agreeing to the provision of the Electronic Service Account is necessary to conclude the Agreement.
  11. An agreement for the provision of the Electronic Service Form is concluded each time by adding the first item of the Agreement to the Cart and ends when the Agreement is concluded or when the Customer ceases to use this Electronic Service before concluding the Agreement.
  12. To conclude an Agreement, the Customer should:
    1. select the Publication offered in the Store as part of individual Cards and add this publication to the Cart;
    2. fill out the form;
    3. create an Account or log into an Account if already possessed;
    4. place an Order.
  13. The Customer may contact the Seller at the address indicated in point 1 above, by phone at +48 577 996 007 (Monday to Friday, from 9:00 to 17:00), or by email at: zamowienia@studiofigura.com.pl.
  14. Basic information and regulations regarding personal data protection are included in Appendix 1 to these regulations. Details concerning data processing within the Service can be found in the Privacy Policy.
  15. Any comments regarding the functioning of the Service and products featured in the Service should be submitted in writing to the address indicated in point 1 above. Within 60 days from the date of receiving a complaint, the Seller will respond to the complaint and inform the Customer about further proceedings.
  16. Creating an Account in the Service is possible after reviewing the content of these Regulations and accepting them.
  17. Deleting an Account results in the termination of membership in the Service.
  18. The Seller is entitled to block the Customer's Account in cases provided for by applicable laws, as well as for the following important reasons:
    1. repeated cancellation of an order placed by the Customer due to choosing a bank transfer as the payment method while failing to make the payment within the deadline set in the Regulations
    2. repeated failure to collect an order placed by the Customer,
    3. violation of applicable laws, rights of third parties (including personal rights), or social coexistence principles by the Customer while using the Service,
    4. other repeated violations of the provisions of the Regulations by the Customer.

§ 3 Rules for Contract Formation

  1. To conclude the Agreement, the Customer should:
    1. select the Publication offered in the Store within individual Cards and add this Publication to the Cart;
    2. fill out the form;
    3. create an Account or log into an Account if already possessed;
    4. place an Order.
  2. An Order is considered properly placed if all necessary details are entered into the Form, allowing for the accurate identification of the Customer. This includes, in particular, the contact phone number, email address, and all information necessary for the correct execution of the Agreement by the Seller and the issuance of an accounting document confirming the conclusion of the Agreement.
  3. The Seller reserves the right to:
    1. verify the data provided in the Form;
    2. refuse to accept the Order;
    3. terminate or withdraw from the Agreement in situations specified in applicable laws, binding provisions of separate regulations or general terms and conditions of contracts, or situations defined in this Regulations.
  4. The Seller informs the Customer about the refusal to accept the Order by sending an electronic message to the Customer's email address provided in the Form. This message contains the appropriate statement and, whenever possible, the reason for issuing this statement.
  5. Subject to different provisions of the Regulations, the Agreement is concluded upon acceptance of the Order by the Seller. The subject of the Agreement includes Goods and/or Services covered by the Form.
  6. The Seller notifies the Customer about the conclusion of the Agreement by sending an electronic message to the Customer's email address provided in the Form. This message contains confirmation of all essential terms of the Agreement.
  7. Each properly submitted by the Customer and accepted by the Seller Order receives a unique code enabling the identification of the Order and the Customer.

§ 4 Contract Execution

  1. The Seller will execute the Agreement within the timeframe indicated on the Card, in the Cart, or in the Form, with the reservation that the day on which the Agreement or Agreements were concluded is not included in the calculation of the deadlines.
  2. Due to reasons beyond the control of the Seller, the deadlines for executing the Agreement may be extended. The Seller will inform the Customer by phone or via email about the new timeframe for its execution.

§ 5 Methods of Delivery

  1. The methods of delivery of goods by the Seller, including the deadlines and costs applicable to a specific delivery method, are specified on the Cards, in the Cart, or on the Form. In cases where the delivery of Goods is carried out by third-party entities, the Seller is not responsible for meeting the delivery deadline once the Goods have been handed over to such an entity.
  2. The Seller may stipulate that the Customer should make payment of the Price and any other applicable costs, if due from the Customer, within a specified period before entering into the Agreement. In such a case, the Agreement is concluded when the Seller's bank account is credited with the full amount of the Price and other costs. If the Customer fails to make the payment within the specified period, it is considered that the Customer has declined to accept the Order, and the Agreement is not concluded.
  3. Available delivery methods:
    1. DPD courier delivery
    2. INPOST parcel locker delivery.
  4. At the time of placing the order, the Customer is informed of the cost of the chosen delivery method.
  5. The delivery cost is as follows:
    1. Orders with a value below 50.00 Polish zlotys - the delivery cost of 9.90 Polish zlotys,
    2. Orders with a value above 50.00 Polish zlotys - free delivery.
  6. Delivery is made to the address indicated by the Customer; the rights of recipients receiving the shipment at that address will not be verified. If delivery is impossible or hindered due to an incorrect address or an address that has become incorrect, or because the delivery was not accepted at that address or was not promptly accepted there, the responsibility lies with the Customer.
  7. The Seller is obligated to issue an accounting document confirming the conclusion of the Agreement to the Customer.

§ 6 Promotions

  1. Unless otherwise specified in the specific terms of a particular Promotion:
    1. it is not combinable with other Promotions;
    2. the Seller reserves the right to make ongoing changes to the terms of Agreements concluded under the Promotion, including changes to Prices;
    3. the Seller reserves the right to cancel or suspend the Promotion.
  2. The right referred to in point b) of paragraph 1 does not affect the execution of Agreements concluded before the effective date.

§ 7 Payment Methods, Payment Due

  1. The Customer can choose the following payment methods for the ordered products:
    1. TPAY operator through which the following payment methods are possible:
      1. quick online transfer;
      2. debit/credit card;
      3. bank transfer;
      4. BLIK;
      5. Google Pay.
    2. When selecting any of the payment methods listed in paragraph 1 above, the Customer bears the associated costs.
    3. Payment must be made within 7 days from the date of placing the order. If the Customer does not make the payment for the order within 7 days from the order date, the order will be cancelled, and the Customer will receive an email notification about the order cancellation.
    4. the rules for using discount codes (resulting in a reduction of product prices) are determined by the Seller when issuing discount codes.
    5. The delivered product remains the property of the Seller until the full price is paid by the Buyer
    6. The method of payment for the Price and the costs of Goods delivery is specified by the Seller on the Card or in the Cart.
    7. In the event that, according to the Customer's choice, payment for the Price and the costs of Goods delivery is made through a Payment Service Provider, the Customer is obliged to accept the terms and conditions applied by that Provider before making the payment.
  2. If, after the ownership of the Goods has transferred to the Buyer, the Buyer discovers that the Goods have physical or legal defects, the Buyer may file a warranty claim with the Seller in writing to the address of Studio Figura's headquarters.
  3. The claim should specify the defect that, in the Buyer's opinion, the product has, the demands towards the Seller, and document the said defect, as well as provide proof of purchase of the Goods in the Online Store. The Seller is obligated to respond to the claim within 31 days from the date of its receipt.
  4. In the event of the Seller recognizing the claim as justified, the costs of exchange, repair, including the shipping costs related to the claimed Goods, are borne by the Seller.
  5. The Seller will verify whether a claim filed by a natural person conducting sole proprietorship business for non-professional purposes has a non-professional character for that person. Verification is carried out by analysing PKD codes indicated in the Central Register and Information on Economic Activity.

§ 8 Right of Withdrawal

  1. The Seller, by the provisions of applicable law, is responsible towards a Customer who is a Consumer for any lack of conformity of the Goods or Services with the Agreement.
  2. Hereby, the liability of the Seller towards a Customer who is not a Consumer is excluded as specified in paragraph 1 above.
  3. The Customer cannot withdraw from the Agreement if the lack of conformity of the Goods with the Agreement is insignificant.

§ 9 Complaint Procedure Regarding Goods

  1. The returnes should be sent by the Customer to the address: Skórzewska 26 Street, 62-081 Wysogotowo.
  2. The returns should include any dedicated gifts associated with it.
  3. The Customer is responsible for any decrease in the value of the purchased goods resulting from using the goods in a way that exceeds what is necessary to ascertain the nature, characteristics, and functioning of the goods.
  4. The returns should be made immediately along with the submission of the withdrawal statement. Returns sent via cash-on-delivery shipment will not be accepted (such shipments will not be collected, and the goods will be considered as not returned).
  5. In the first step, the reason for the return or the return order number should be specified. Next, the sender's details for the return order should be provided.
  6. The cost of returning the goods, as mentioned in paragraph 6 above, is borne by the Customer.
  7. The reimbursement of the purchase price paid by the Buyer will be made by the Seller to the Buyer within 14 days from the day the Seller receives the Customer's statement of withdrawal from the agreement. The reimbursement will be made by bank transfer to the bank account number specified by the Customer.
  8. The Seller does not verify from which bank account the payment for the products ordered in the Service was made. Such verification is also not conducted before the reimbursement of the product price.
  9. The right of withdrawal does not apply to the Buyer in cases specified in the provisions of the Act of May 30, 2014, on consumer rights, i.e., in the case of an agreement:
    1. where the subject of the performance is an item not prefabricated, manufactured to the consumer's specifications or serving to satisfy their individualised needs;
    2. where the subject of the performance is an item liable to deteriorate rapidly or having a short shelf-life;
    3. where the subject of the performance is an item delivered in sealed packaging that cannot be returned once opened due to health protection or hygiene reasons if the packaging was opened after delivery.
  10. All instructions on packaging or containers should be adhered to. The Seller is not liable for the consequences of using products contrary to these instructions, nor for the consequences of failing to follow these instructions.

§ 10 Intellectual Property

  1. The Customer declares that they do not have any rights, including copyrights or related rights, to the Reviews and statements posted by them, except for the right to use the Online Store as specified in the Regulations. The Customer is not authorised to record, reproduce, share, make public, or distribute the content.
  2. The Customer is not authorised to interfere with the content, particularly not to interfere with the content, structure, form, graphics, operation mechanisms, or other elements of the Online Store.
  3. By posting Reviews in the Online Store, which constitute works within the meaning of the Act of February 4, 1994, on Copyright and Related Rights, the Customer grants the Seller a non-exclusive, free of charge, non-temporal, and non-territorial licence to use these works by the Seller, including the right to grant sublicenses to the Seller's Partners, which includes public provision of the work in such a way that anyone can access it in a place and at a time of their choosing (Internet). The licence is granted with respect to all known fields of exploitation at the time of its granting, in particular the following fields of exploitation:
    1. in the scope of recording and reproducing the work by any technique – in particular, printing, reprographic, magnetic recording, digital recording, i.e., using any techniques on any audiovisual or visual medium, especially on audiovisual disks, CDs, computer disks, in the multimedia network, including the Internet, and related online services, as well as multiple reproduction, recording, utilisation on the Internet, advertising, and electronic recording in computer memory and internal and external networks,
    2. use of the entirety or fragments or any elements of the work with the possibility of modifications resulting from the nature of the given Internet medium – in all publications, especially online, digital, in newsletters and information, independently or in connection with other works or parts of works; use of the entirety or a fragment for promotion and advertising, especially in the form of audiovisual, audio, and media advertising,
    3. in the scope of trade in the original or copies on which the work is recorded – introduction into circulation, lending, renting the original or copies,
    4. in the scope of distribution of the work in a manner other than specified above – public performance, exhibition, display, reproduction, broadcasting and retransmission, as well as public provision of the work in such a way that anyone can access it in a place and at a time of their choosing,
    5. use of works for promotional and marketing purposes;
  4. Deletion of the Account by the Customer or Reviews in accordance with Chapter 9, point 8, does not affect the validity of the above licence.

§ 11 Final Provisions

  1. In the event of any change or invalidation of any provision of this Regulation by a competent authority or court decision, the remaining provisions shall remain in force and bind the Seller and the Customer.
  2. The applicable law for resolving any disputes related to the Regulation is Polish law. These disputes shall be resolved by the court having jurisdiction over the Seller's location.
  3. The Regulation comes into effect on March 29, 2023.
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