§ 1 Whenever this document refers to:

  1. Price – it means the gross value including the tax on goods and services and excise duty, if applicable, expressed in Polish zloty, which the Client is obliged to pay to the Seller for the subject of the Agreement
  2. Working days – this means days from Monday to Friday, excluding public holidays
  3. Payment service providers – this means entities indicated 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 Client can pay the Price
  4. Client – it means a natural person, legal person or organizational unit to which the Civil Code grants legal capacity
  5. Seller – it should be understood as an entity run by Izabella Michalak conducting business activity under the name Rollen Polska – Studio Figura Izabella Michalak with its registered office in Lusówek, ul. Wiązowa 56, 62-080, Tarnowo Podgórne, NIP 7831266218, REGON 300224173
  6. Account – it means an account in the Login Service enabling the Client to conclude the Agreement.
  7. Cart – it means a graphically and functionally separated part of the Store, in which detailed terms and conditions are presented, on which the Parties conclude the Agreement
  8. Store – this means the online store run at the following address: https://sklepstudiofigura.com.pl/pl/. A change in the Store’s address does not constitute a change in the Terms and Conditions and will be communicated through the Store
  9. Newsletter – it means a newsletter sent by the Seller via e-mail to the Client who has given appropriate consents to receive it
  10. Promotion – it means all actions of the Seller that contribute to the increase in demand for Goods and Services offered in the Store. Detailed terms and conditions of a specific Promotion are specified by the Seller on the Card, in the Cart, within the Store or in separate terms and conditions of this Promotion
  11. Terms and Conditions – this means these Terms and Conditions
  12. Login Service – it means the Login Service 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. Contract – this means the Contract of Sale
  16. Order – it means the Client’s declaration of will submitted by means of the Form in order to conclude the Agreement with the Seller
  17. Form – it means a graphically and functionally separated part of the Store, by means of which the Client chooses, based on the options made available by the Seller, detailed terms and conditions of the Agreement.

§ 2 Obligatory information

  1. The Terms and Conditions define the rules for the provision of Electronic Services by the Seller and the conclusion and performance of Agreements by the Parties.
  2. Subject to the applicable provisions of law, the Client, by concluding the Agreement, declares that he/she has read the content of the Terms and Conditions
  3. For the avoidance of any doubt, the completion and submission of the Form by the Client shall be deemed to be the submission of an offer within the meaning of Art. 66 and 661 of the Civil Code, the content of which is supplemented by the provisions of the Terms and Conditions, and the Agreement is concluded at the moment of delivery by the Client to the Seller of the statement of acceptance of the offer. The information contained in the Store, including on the Cards, in the Forms or in the Cart, is an invitation to conclude an agreement, in accordance with Art. Article 71 of the Civil Code
  4. The Seller may change the Terms and Conditions at any time by making a new version available on the Website. The amendment is effective from the 1st day after the date of replacement of the old Terms and Conditions with the new one, unless the new Terms and Conditions provide for a later entry into force of the change
  5. Customer may use Electronic Services or enter into Agreements through a specific natural person authorized by the Customer. It is presumed that such a natural person has been authorized by the Client to take all actions taken in the Store, including making declarations of will binding on the Client. If the Agreement is concluded between the Parties using the Account Electronic Service by the Client, it is presumed that the natural person who uses such Electronic Service has been authorized to do so by the Client
  6. The Seller provides the following Electronic Services to the Client within the Store:
    1. Account
    2. Form
    3. Newsletter
  7. All Electronic Services are provided free of charge.
  8. The condition for the use of Electronic Services by the Client is that the Client’s equipment meets the following technical requirements necessary to cooperate with the ICT system used by the Seller:
    1. for Electronic Services Account, Form – using the current version of one of the following web browsers:
      • IE version 11 and higher,
      • Edge version 12 and higher,
      • Firefox version 54 and higher,
      • Chrome version 51 and higher,
      • Safari version 10 and higher,
      • Opera version 38 and higher.
  9. The Customer is prohibited from providing illegal content when using Electronic Services.
  10. The conclusion of the agreement for the provision of the Account Electronic Service is necessary to conclude the Agreement.
  11. The Agreement for the provision of Electronic Services Form is concluded each time the first subject of the Agreement is added to the Cart and ends when the Agreement is concluded or the Client ceases to use this Electronic Service before the conclusion of the Agreement.
  12. In order to conclude the Agreement, the Client should:
    1. select the Publication offered in the Store within individual Cards and add this Publication to the Cart;
    2. fill in the form;
    3. create an Account or log in to the Account, if they already have one;
    4. place an Order.
  13. The Client may contact the Seller at the address indicated in para. 1 above, by phone +48 577 996 007 (Monday to Friday from 9:00 a.m. to 5:00 p.m.) or by e-mail: zamowienia@studiofigura.com.pl.
  14. Basic information and regulations regarding the protection of personal data are contained in Appendix 1 to these regulations. Details regarding the processing of data within the Website can be found in the Privacy Policy.
  15. Any comments regarding the functioning of the Website and the products posted on the Website should be submitted in writing to the address indicated in para. 1 above. Within 60 days from the date of receipt of the complaint, the Seller will respond to the complaint and inform the Client about further proceedings.
  16. Creating an Account on the Website is possible after reading these Terms and Conditions and accepting them.
  17. Deletion of the Account results in the termination of membership in the Service.
  18. The Seller is entitled to block the Client’s Account in the cases provided for in the generally applicable provisions of law, as well as for the following important reasons:
    1. repeated cancellation of the order placed by the Client as a result of placing an order with the choice of payment method in the form of a bank transfer while failing to make the payment within the time limit set in the Terms and Conditions,
    2. repeated failure to collect an order placed by the Customer,
    3. violation by the Client when using the Website of generally applicable provisions of law, rights of third parties (including in particular personal rights) or principles of social coexistence,
    4. other repeated violation of the provisions of the Terms and Conditions by the Client.

§ 3 Rules for concluding contracts

  1. In order to conclude the Agreement, the Client should:
    1. select the Publication offered in the Store within individual Cards and add this Publication to the Cart;
    2. fill in the form;
    3. create an Account or log in to the Account, if they already have one;
    4. place an Order.
  2. The Order is considered to have been placed correctly if the content of the Form contains all data allowing for the correct identification of the Client, including in particular the contact telephone number and e-mail address as well as all data necessary for the correct performance 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. verification of the data contained in the Form;
    2. refuse to accept the Order;
    3. withdrawal or termination of the Agreement in situations specified in the applicable provisions of law, in separate regulations or general terms and conditions of contracts binding the Parties, or in situations specified in these Terms and Conditions.
  4. The Seller shall notify the Client of the refusal to accept the Order by sending an e-mail message to the Client’s e-mail address indicated in the Form, containing an appropriate statement and, if possible, the reason for submitting this statement.
  5. Subject to other provisions of the Terms and Conditions, upon acceptance of the Order by the Seller, the Contract is concluded, the subject of which are the Goods and/or Services covered by the Form.
  6. The Seller notifies the Client about the conclusion of the Agreement by sending an e-mail message to the Client’s e-mail address indicated in the Form, containing confirmation of all essential terms of the Agreement.
  7. Each Order correctly placed by the Client and accepted by the Seller receives a unique code that allows for the identification of the Order and the Client.

§ 4 Performance of contracts

  1. The Seller shall perform the Agreement on the date indicated on the Card, in the Cart or in the Form, with the proviso that the date on which the Agreement or Agreements were concluded shall not be included in the deadlines.
  2. For reasons beyond the control of the Seller, the deadlines for the performance of the Agreement may be extended. The Seller will inform the Client by phone or e-mail with the new date of its implementation.

§ 5 Methods of delivery of goods

  1. The methods of delivery of the Goods by the Seller, including the dates and costs applicable to a specific method of delivery, are specified on the Cards, in the Cart or in the Form. If the Goods are delivered with the help of third parties, the Seller is not responsible for meeting the delivery date from the moment of handing over the Goods to such an entity.
  2. The Seller may stipulate that the Client should pay the Price and other costs, if due from the Client, within a specified period of time before concluding 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. In the event of ineffective expiry of the deadline for payment of the Price and other costs by the Client, it is considered that the Client refused to accept the Order and the Agreement is not concluded.
  3. Available forms of delivery:
    1. DPD courier delivery
    2. INPOST Parcel Locker.
  4. At the time of placing an order, the customer is informed about the amount of the selected form of delivery.
  5. The cost of delivery is:
    1. Order with a value of less than PLN 50.00 – delivery cost PLN 9.90,
    2. Order over PLN 50.00 – delivery cost for free.
  6. Delivery takes place to the address indicated by the Customer; The rights of persons receiving the parcel at this address will not be examined. If delivery is impossible or difficult due to an incorrect address or an address that has become incorrect, or due to the fact that the delivery has not been accepted at this address or has not been immediately accepted there, the Client is responsible for this.
  7. The Seller is obliged to issue an accounting document to the Client confirming the conclusion of the Agreement.

§ 6 Promotions

  1. Unless otherwise stated in the specific terms and conditions of a particular Promotion, then:
    1. it cannot be combined with other Promotions;
    2. The Seller reserves the right to make changes to the terms and conditions of the Agreements concluded under the Promotion on an ongoing basis, including changes to the Prices;
    3. The Seller reserves the right to cancel or suspend the Promotion.
  2. The right referred to in para. 1 point b) does not affect the performance of the Agreements concluded before the entry into force.

§ 7 Payment methods, payment maturity

  1. The customer can choose the following methods of payment for the ordered products:
    1. TPAY operator through which the following payment methods are possible:
      1. fast online transfer;
      2. payment card;
      3. bank transfer;
      4. BLIK;
      5. Google Pay.
    2. When choosing any of the payment methods indicated in para. 1 above, the Client shall bear the costs associated therewith.
    3. Payment should be made within 7 days from the date of placing the order. If the Client does not pay for the order within 7 days from the date of placing the order, the order will be cancelled and the Client will receive an e-mail informing them that the order has been cancelled.
    4. The rules for using discount codes (they reduce the price of products) are specified by the Seller along with the issuance of discount codes.
    5. The delivered product remains the property of the Seller until the price is paid in full by the Buyer.
    6. The method of payment of the Price and costs for the delivery of the Goods is specified by the Seller on the Card or in the Cart.
    7. If, according to the Client’s choice, the payment of the Price and costs for the delivery of the Goods is made through the Payment Service Provider, then the Client is obliged to accept the terms and conditions applied by the given Supplier before making the payment.
  2. If, after the ownership of the Goods has been transferred to the Buyer, the Buyer finds that the Goods have physical or legal defects, the Buyer may submit a complaint to the Seller under the warranty for defects in writing to the address of Studio Figura’s registered office.
  3. The notification should specify the defect that the Buyer thinks the Goods have, the demands against the Seller, and document the said defect and present a proof of purchase of the Goods in the Online Store. The Seller is obliged to respond to the complaint within 31 days from the date of its receipt.
  4. If the Seller considers the complaint to be justified: the costs of replacement, repair, including the cost of shipping related to the complaint of the Goods shall be borne by the Seller.
  5. The seller will verify whether the complaint filed by a natural person running a sole proprietorship making a non-professional purchase is non-professional for that person. Verification is carried out by analyzing the PKD codes indicated in the Central Registration and Information on Economic Activity.

§ 8 Right of withdrawal

  1. The Seller, on the terms set out in the applicable law, shall be liable to the Client who is a Consumer for the lack of conformity of the Goods or Services with the Agreement.
  2. The procedure referred to in paragraph 1 above the Seller’s liability towards the Client who is not a Consumer.
  3. The Client may not withdraw from the Agreement if the lack of conformity of the Goods with the Agreement is insignificant.

§ 9 Complaint procedure for goods

  1. The returned goods should be sent by the Customer to the following address: Wysogotowo, ul. Skórzewska 26, 62-081.
  2. The goods should be returned together with gifts dedicated to them.
  3. The Client is responsible for the decrease in the value of the purchased goods resulting from the use of the goods in a manner exceeding that necessary to determine the nature, characteristics and functioning of the goods.
  4. The return of the goods should take place immediately with the sending of the statement of withdrawal. Return of goods by cash on delivery will not be accepted (such shipments will not be collected, therefore the goods are considered not returned).
  5. In the first step, you indicate the reason for the return or the number of the order to be returned. Then you need to provide the sender’s details of the returned order.
  6. The cost of returning the goods made on the basis of paragraph 6 above is borne by the Client.
  7. The return of the product price paid by the Buyer to the Buyer will be made by the Seller within 14 days from the date of receipt of the Client’s statement on withdrawal from the contract. The refund will be made by bank transfer to the bank account number indicated by the Client.
  8. The Seller does not verify from which bank account the payment for the products ordered on the Website was made. Such verification is also not carried out before the refund of the product price.
  9. The Buyer is not entitled to the right of withdrawal in the cases indicated in the provisions of the Act of 30 May 2014 on consumer rights, i.e.: in the case of a contract:
    1. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specification or serving to meet his individual needs;
    2. in which the subject of the service is an item that is subject to quick deterioration or has a short shelf life;
    3. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygienic reasons, if the package has been opened after delivery.
  10. Observe any directions on packaging or containers. The seller is not responsible for the consequences of using the products contrary to these guidelines, nor for the consequences of not following these guidelines.

§ 10 Intellectual Property

  1. The Client declares that they are not entitled to any rights, including copyright or related rights to the Ratings and statements posted by them, except for the right to use the Online Shop in the manner specified in the Terms and Conditions. The Client is not entitled to record, reproduce, share, make public or distribute the content in any way.
  2. The Client is not entitled to interfere with the content in any way, in particular they are not entitled to interfere with the content, structure, form, graphics, mechanism of operation or other elements of the Online Store.
  3. By posting in the Online Shop Ratings which constitute works within the meaning of the Act of 4.2.1994. on copyright and related rights – grants the Seller a non-exclusive and free of charge license to use these works by the Seller, along with the right to grant a sublicense to the Seller’s Partners, which includes making the work available to the public in such a way that anyone can access it in a place and at a time chosen by them (the Internet). The licence is granted in relation to all fields of exploitation known at the time of its granting, in particular to the following fields of exploitation:
    1. in the field of recording and reproducing the work by any technique – in particular printing, reprographic, magnetic recording, digital, i.e. using any techniques on any audiovisual or visual medium, in particular on audiovisual discs, CDs, computer disks, in a multimedia network, including the Internet and related on-line services, and reproduction, recording, use on the Internet, advertising, reproduction of the recording in electronic form in computer memory and in internal and external networks,
    2. using the whole or part or any elements of the work with the possibility of modification resulting from the essence of a given Internet medium – in all publications, in particular online, digital, in bulletins and information, alone or in combination with other works or fragments of works; use in whole or in part for the purpose of promotion and advertising, in particular in the form of audiovisual, audio and media advertising.
    3. in the scope of trading in the original or copies on which the work has been recorded – marketing, lending, rental of the original or copies
    4. in the scope of dissemination of the work in a manner other than specified above – public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the work available to the public in such a way that everyone can have access to it in a place and at a time chosen by them,
    5. use of works for promotional and marketing purposes;
  4. Deletion of the Account by the Customer or the Assessment pursuant to Section 9 paragraph 8 does not affect the validity of the above license.

§ 11 Final provisions

  1. In the event of amendment or cancellation of any of the provisions of these Terms and Conditions by a decision of a competent authority or court, the remaining provisions of these Terms and Conditions remain in force and bind the Seller and the Client.
  2. The applicable law for resolving any disputes related to the Terms and Conditions shall be the Polish law. These disputes will be resolved by the common court with jurisdiction over the Seller.
  3. The Terms and Conditions come into force on March 29, 2023.

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