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Store Policy

Online Store Policy

§ 1

Preliminary provisions

1. The STUDIO761 online store, available at https://sklep.studio761.pl, is operated  by STUDIO761, a limited liability company with its registered office in 81-838 Sopot, Poland entered into the National Court Register by the District Court Gdańsk-Północ in Gdańsk, Poland 8th Commercial Department under register number KRS 0000753766, tax ID number NIP: 5851486353, company ID REGON 38161021700000:

2. These Rules are addressed to Consumers and Entrepreneurs using the Store and set the rules of using the Store and the rules and procedure for concluding contracts at a distance with the Customer via the Store.

§ 2

Definitions

1. Consumer - a natural person concluding a contract with the Seller as part of the Store operation, the subject of which is not directly related to the person's business or professional activity.

2. Seller - STUDIO761, a limited liability company with its registered office in 81-838 Sopot, Poland entered into the National Court Register by the District Court Gdańsk-Północ in Gdańsk, Poland 8th Commercial Department under the number KRS 0000753766, Tax Identification Number NIP: 5851486353, company ID REGON 38161021700000:

3. Customer - any entity making purchases through the Store.

4. Entrepreneur - a natural person, a legal person, or an organizational unit that is not a legal person but has legal capacity granted under a separate law, which performs in their own name an economic activity and uses the Store.

5. Store - the online store operated by the Seller at the internet address: sklep.studio761.pl

6. Contract concluded at a distance - a contract concluded with the Customer as part of an organized system of concluding contracts at a distance (as part of the Store operation), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication until the conclusion of the contract, inclusive.

7. Rules - these rules of the Store.

8. Order - Customer's declaration of intent submitted via the Order Form and aiming directly at concluding a Product or Products Sales Contract with the Seller.

9. Account - customer account in the Store, it contains data provided by the Customer and details of orders placed thereby in the Store.

10. Registration form - a form available in the Store, enabling the creation of an Account.

11. Order form - an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and defining the terms and conditions of the Sales Contract, including the methods of delivery and payment.

12. Basket - an element of the Store's software in which the Products selected by the Customer for purchase are displayed, and also enabling the setup and modification of the Order details, in particular the quantity of products.

13. Product - a movable item/ service available in the Store and being the subject of the Sales Contract between the Customer and the Seller.

14. Sales Contract - a Product sales contract being or having been concluded between the Customer and the Seller via the Store. Sales Contract also means - respective to the Product features - a contract for the provision of services and a contract for specific work.

§ 3

Contact with the Store

1. Seller's address: STUDIO761 Aleja Niepodległości 761 81-838 Sopot, Poland

2. Seller's e-mail address: sklep@studio761.pl

3. Seller's phone number: +48 58 354 34 93 (active on the STUDIO761 opening days and hours from Monday to Friday from 8 a.m. to 6 p.m. excl. public holidays and the days and hours specified by STUDIO761 - more information in the Google Maps panel and Facebook pages: STUDIO761 Pracownia)

4. Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.

§ 4

Technical requirements

  1. To use the Store, including viewing the Store's stock and placing orders for Products, the following items are needed:

a. terminal device with access to the Internet and a web browser

b. active e-mail account

c. enabled cookie files

d. FlashPlayer installed.

§ 5

General information

1. To the greatest extent permitted by law the Seller shall not be liable for any disruptions, including interruptions in the operation of the Store caused by force majeure, unlawful acts of third parties or incompatibility of the Store with the technical infrastructure of the Customer.

2. Viewing the Store's stock does not require creating an Account. Customer can place orders for Products in the Store's stock after creating an Account in accordance with the provisions of § 6 of the Rules, or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.

3. Prices in the Store are denominated in the Polish zlotys and are gross prices (inclusive of VAT).

§ 6

Creating an Account in the Store

1. To create an Account in the Store, the Registration Form must be completed. The following data must be provided: Name, Surname, Address (for delivery), email address.

2. Creating an Account in the Store is free.

3. Logging in to the Account is done by entering the login and password set in the Registration Form.

4. Customer may at any time, without giving any reason and without incurring any fees, remove the Account by sending an appropriate request to the Seller, in particular via electronic mail or in writing to the addresses set out in § 3.

§ 7

Rules for placing Orders

In order to place an Order:

1. Log in to the Store (optional)

2. Select a Product that is the subject of the Order and then click the "Add to basket" button (or equivalent)

3. Log in or use the option of placing an Order without registration

4. If the option to place an Order without registration has been chosen - fill in the Order Form by entering the details of the Order recipient and the address to which the Product shall be delivered, choose the type of shipment (Product delivery method), enter the invoice data if different from the Order recipient's details

5. Click the "Order and pay" button / click the "Order and pay" button and confirm the order by clicking the link sent in the e-mail

6. Choose an available payment method and depending on the method, pay for the order within a specified period, subject to § 8 point 3.

§ 8

Offered delivery and payments methods

1. Customer may use the following methods of the ordered Product delivery or collection:

a. UPS Carbon Neutral courier shipment (within the operating range of UPS Polska Sp. z o.o.) [in accordance with the STUDIO761 environmental policy]. Ready products shall be shipped within 48 hours after the payment is booked. Delivery time in Poland shall be ca. 24 hours to 72 hours. Delivery time within the European Union shall be ca. 5 business days. Delivery time in other countries (within the operating range of UPS Polska Sp. z o.o.) shall be ca. 30 days.

b. Personal collection at a UPS Access Point collection point after individual selecting the collection point and providing it is indicated in the comment for the order.

c. Personal collection at: STUDIO761 Aleja Niepodległości 761 81-838 Sopot, Poland

2. The order shall be shipped defect-free. The Customer shall check the package on delivery. Any defects and/or damage should be reported within 24 hours after receiving the Seller's package to the following e-mail address: sklep@studio761.pl, by phone number +48 58 354 34 93 or using the contact form on the Store's website.

3. Customer may use any of the following payment methods:

a. Payment in cash, by credit card (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro), Blik on personal collection as part of the Polska Bezgotówkowa programme.

b. Payment by bank transfer to the Seller's account PL 22 1140 2004 0000 3502 7813 1993 with mBank S.A. FORMERLY BRE BANK S.A. (RETAIL BANKING) LODZ P.O. Box 2108, 90-959 Łódź 2 SWIFT/BIC: BREXPLPWMBK.

c. Electronic payments, including card payments (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro), Blik and instant transfers supported by Blue Media S.A. in 81-718 Sopot, ul. Powstańców Warszawy 6.

d. If there is a need to return funds for a transaction made by the customer with a payment card, the seller shall refund to the bank account assigned to the payment card of the Ordering Party.

e. If there is a need to return funds for a transaction made by the customer by bank transfer or the Blik system, the seller shall refund to the Customer's bank account.

    1. Charges for standard shipments that do not require additional logistics shall be as follows:
    2. a) According to point 1a for the territory of Poland PLN 25, for the EU territory PLN 50, for other countries PLN 100.
    3. b) According to point 1b for the territory of ​​Poland PLN 25.

§ 9

Performance of sales contract

1. Sales Contract between Customer and the Seller shall be concluded after the Customer has placed an Order using the Order Form in the Store in accordance with § 7 of these Rules.

2. After an Order has been placed, the Seller shall immediately confirm its receipt and at the same time accept the Order for execution. The Seller shall confirm an Order as received and accepted for execution by sending to the Customer an appropriate e-mail message to the e-mail address provided by the Customer at the time of placing the Order, which shall contain at least the Seller's statement of the Order receipt and acceptance for execution and confirmation of the Sales Contract conclusion. Upon receipt of the above e-mail by the Customer, the Sales Contract shall be concluded between the Customer and the Seller.

3. If Customer has chosen:

a. Payment by bank transfer, the Customer shall make the payment within 3 business days from the Sale Contract conclusion date - otherwise the order shall be cancelled.

b. Electronic payment or credit card payment, the Customer shall make the payment within 48 hours from the Sales Contract conclusion date - otherwise the order shall be cancelled.

c. Cash payment upon personal delivery of shipment, the Customer shall make the payment upon receipt of the parcel within 3 business days from the date of receipt of the notice of the of the shipment readiness for pick up.

4. If Customer has chosen a delivery method other than the personal collection, the Product shall be sent by the Seller within the time specified in its description (subject to section 5 of this paragraph) in the manner chosen by the Customer when placing the Order.

5. A. Where Products with different delivery times have been ordered, the delivery date shall be the latest of them.

B. Where Products with different delivery times have been ordered, the Customer shall have the option to request delivery of the Products in parts or delivery of all the Products after completing the entire order.

6. The start of a Product delivery to the Customer shall be counted as follows:

a. If Customer has chosen the method of payment by bank transfer, electronic payment, or by credit card - from the day of crediting the Seller's bank account.

b. If Customer has chosen the cash-on-delivery method of payment - from the day of concluding the Sale Contract,

6. If Customer has chosen the Product's personal collection, the Product shall be ready for the Customer's pick up within the time specified in the Product description. The Seller shall additionally notify the Customer of the Product's readiness for pick up by sending an appropriate e-mail message to the Customer's e-mail address provided at the ordering.

7. Where Products with different dates of readiness for collection have been ordered, the Customer shall have the option to collect the Products in parts (according to their readiness for pick up) or to collect all the Products after completing the entire order.

8. The start of a Product readiness for collection shall be counted as follows:

  1. a. If the Customer has chosen the method of payment by bank transfer, electronic payment, or by credit card - from the day of crediting the Seller's bank account.
  2. b. If the Customer has chosen the cash-on-collection method of payment - from the day of concluding the Sale Contract.

9. Products shall be delivered within the operating area of the UPS Polska Sp. z o.o. courier company.

10. Product delivery to the Customer shall be payable, unless the Sales Contract provides otherwise. Product delivery costs (including transport, delivery and postal fees) shall be indicated to the Customer on the Store's web pages in the "Delivery costs" tab, and at the Order placing, including also at the time when the Customer wishes to be bound by the Sales Contract.

11. Customer's personal Product collection shall be free.

§ 10

Right to withdraw from contract

1. Consumer may withdraw from a Sales Contract within 14 days without giving any reason.

2. The period specified in paragraph 1 shall commence upon the Product delivery to the Consumer or a person other than the carrier designated thereby.

3. Where a Contract covers multiple Products to be delivered separately, in batches or in parts, the period specified in paragraph 1 shall run from the delivery of the last item, batch, or part.

4. Where a Contract consists in regular delivery of Products for a specified period (subscription), the period specified in paragraph 1 shall run from taking possession of the first item.

5. Consumer may withdraw from a Contract by submitting to the Seller a statement on withdrawal from the Contract. To comply with the deadline for withdrawal from Contract, it shall be sufficient if the Consumer has sent a statement before the expiry of that period.

6. The statement may be sent by traditional mail, or electronically by sending to the Seller's e-mail address, or by submitting to the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, the template of which is attached as Appendix 1 to these Rules and the attachment to the Act of 30 May 2014 on consumer rights, but this is not mandatory.

7. Where the statement has been sent by Consumer electronically, the Seller shall immediately send the confirmation of receipt of the statement on withdrawal from the Contract to the Consumer's e-mail address provided thereby.

8. Effects of withdrawal from Contract:

a. Upon the withdrawal from a Contract concluded at a distance, the Contract shall be considered void.

b. Upon the withdrawal from a Contract the Seller shall promptly, not later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, refund all payments made thereby, including the cost of delivering the item, with the exception of additional costs due to the Consumer's choice of a delivery method other than the cheapest usual delivery method offered by the Seller.

c. The Seller shall reimburse the payments using the same payment methods as were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution which shall entail no costs for the Consumer.

d. The Seller may withhold the refund of the payments until receipt of the Product back or until evidence of its return is provided to him, whichever occurs first.

e. Consumer shall return the Product to the address of the Seller specified in these Rules immediately, not later than 14 days from the day on which the Consumer notified the Seller of the withdrawal from the Contract. The deadline shall be complied with, if the Consumer has sent the Product back within 14 days.

f. Consumer shall bear direct costs of returning the Product, including the costs of returning the Product if due to its nature the Product could not have been sent back by regular mail.

g. Consumer shall be liable only for a decrease in the value of the Product resulting from using it in a way different than was necessary to establish the nature, characteristics and functioning of the Product.

9. If, due to the nature of Product, it cannot be sent in the regular mode by post, a relevant notice, as well as the cost of returning the Product, shall be included in the Product description in the Store.

10. Consumer shall have no right to withdraw from a contract concluded at a distance, whereby:

a. Subject of the contractual performance is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy their individual needs

b. Subject of the contractual performance is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery,

c. Subject of the contractual performance is an item subject to rapid deterioration or with a short shelf-life,

d. Subject of the contractual performance is the provision of a service, if the Seller has fully provided the service upon express consent of the Consumer who has been informed before the provision that after the completion thereof by the Seller, the Consumer shall lose the right to withdraw from the Contract

e. Price or remuneration depends on financial market fluctuations over which the Seller has no control, and which may occur before the deadline for withdrawing from the Contract,

f. Subject of the contractual performance are things that after their delivery, due to their nature, have been inseparably connected with other things

g. Subject of the contractual performance are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and which can be delivered only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,

h. Subject of the contractual performance are are audio and/or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery,

i. Subject of the contractual performance is the delivery of newspapers, periodicals and/or magazines, with the exception of a subscription contract,

j. Subject of the contractual performance is the delivery of a digital content that is not recorded on a tangible medium, if the performance commenced with the Consumer's express consent before the deadline for withdrawal from the contract and after informing the Consumer by the Seller about the loss of the right to withdraw from the Contract.

§ 11

Complaints and warranty

1. Sale Contract covers new and used Products. The condition of each used Product is described in detail on the Store's webpages.

2. The Seller shall provide Customer with defect-free items.

3. In the event of a defect in an item purchased from the Seller, the Customer shall have the right to lodge a complaint based on the statutory warrant provisions in the Civil Code.

4. Complaints should be lodged in writing or by electronically to the Seller addresses set out in these Rules.

5. Complaints should be lodged in writing or electronically to the Seller addresses set out in these Rules or using the electronic complaint form made available by the Seller on one of the Store's subpages.

6. It is recommended that a complaint includes a concise description of the defect, circumstances (including date) of its occurrence, details of the Customer submitting the complaint, and the Customer's request in connection with the defect.

7. The Seller shall respond to a claim immediately, no later than within 14 days, and if the Seller has failed to do so within this period, the Customer request shall be considered justified.

8. The Seller shall respond to a claim immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller has failed to respond to the claim within 14 days, the Customer request shall be considered justified.

9. Items sent as part of the complaint procedure should be sent to the address set out in § 3 of these Rules.

10. If a warranty has been granted on a Product, information about the warranty as well as its content shall be included in the Product description in the Store.

11. If a warranty has been granted on a Product, information about the warranty as well as its content shall be included in the Product description in the Store. The Seller shall also attach the warranty card to the sold Product.

§ 12

Out-of-court complaint and redress procedures

1. Detailed information on the Consumer's options of out-of-court complaint and redress procedures and rules of access to these procedures is available at the offices and on the websites of the district (municipal) consumer ombudsmen, social organizations with statutory tasks of consumer protection, Regional Inspectorates of Trade Inspection, and at the following Office of Competition and Consumer Protection websites: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php oraz http://www.uokik.gov.pl/wazne_adresy.php.

2. The consumer options of out-of-court complaint and redress procedures include, for example, the following:

a. Consumer may request the permanent amicable consumer court, referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (J. of L. 2014, item 148, as amended), to settle a dispute arising from a Contract concluded with the Seller.

b. Consumer may request a regional inspector of Trade Inspection, pursuant to Art. 36 of the Act of 15 December 2000 on the Trade Inspection (J. of L. 2014, item 148, as amended), to initiate mediation proceedings regarding the amicable settlement of a dispute between the Consumer and the Seller.

c. Consumer may get free assistance in settling a dispute between the Consumer and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization, with statutory tasks of consumer protection (including the Consumer Federation, Association of Polish Consumers).

§ 13

Personal data in the Store

1. The Controller of the personal data of Customers collected via the Store is the Seller.

2. Customers' personal data collected by the controller via the Store shall be collected in order to perform the Sales Contract, and if the Customer agrees - also for marketing purposes.

3. Recipients of Customers' personal data collected by the Store may include:

a. Where a Customer has chosen in the Store the method of delivery by post or courier, the Controller shall make the Customer's collected personal data available to the selected carrier or an agent carrying out the shipment at the Controller's request.

b. Where a Customer has chosen in the Store the method of electronic or card payment, the Controller shall make the Customer's collected personal data available to the entity to handle the above payments in the Store.

4. Customer shall have the right to access their data and correct them.

5. Providing personal data is voluntary, but failure to provide the personal data specified in the Rules as necessary to conclude a Sales Contract shall result in the inability to conclude it.

§ 14

Final provisions

1. Contracts concluded via the Store are executed in Polish.

2. The Seller reserves the right to amend these Rules for important reasons, i.e. changes in the law, changes in methods of payment and delivery - to the extent to which these changes affect the implementation of the provisions of these Rules. The Seller shall notify the Customer of each such amendment at least 7 days in advance.

3. The actual appearance of products may be slightly different from their pictures.

4. Illegal copying, reproduction or distribution of any content published on the website sklep.studio761.pl is forbidden.

5. In any matter not provided for in these Rules, generally applicable provisions of the Polish law shall apply, in particular of: Civil Code; Act on the Provision of Electronic Services; Act on the Consumer Rights, Act on the Protection of Personal Data.

6. Customer shall have the right to use out-of-court complaint and redress procedures. To this end, it may lodge a complaint via the EU ODR online platform at: http://ec.europa.eu/consumers/odr/.

7. The sklep.studio761.pl website shall automatically collect data such as demographic data - internet connection location, details of type of the device used to browse the Store website, and the connection source's local time. The website shall use analytical tools that collect traffic data on the Store's website using Google Analytics. If you do not consent to downloading of this data, change your browser settings on this site to block cookies, location and other.

Appendix  1 to The Store Rules - Formularz Zwrotu (Form for withdrawal from the Contract).

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