The Regulations define the rules for the sale of products offered by the szyszkadesign.com store, owned by the company Joanna Barejka Szyszka Design. with its registered office at ul. Sikorki 2, 31-589 Kraków, NIP number 6772403445 and REGON 364507903.
§ 1 GLOSSARY
The capitalized terms used in the Regulations have the following meanings:
1. Szyszka Design - business activity consisting in the design and retail sale of products, conducted by Joanna Barejka Szyszka Design, with its registered office at ul. Sikorki 2, 31-589 Kraków, NIP 6772403445, REGON 364507903, no. bank account: 70 1140 2004 0000 3402 7876 7789, e-mail address: sklep@szyszkadesign.com, contact number: 793112494, administrator of the online store www.szyszkadesign.com.
2. Store/Service – online store run by Szyszka Design, available at www.szyszkadesign.com, through which Szyszka Design s.c. provides Services within the meaning of these Regulations.
3. Regulations – these Regulations of the online store www.szyszkadesign.com.
4. Service – mail order sale of interior design goods conducted in the territory of the Republic of Poland and outside the borders of the Republic of Poland, carried out after the Ordering Party places an order.
5. Seller – Szyszka Design
6. Ordering Party – an entity with full legal capacity, using the Seller's Services, authorized to collect the ordered products.
7. Agreement – a sales agreement concluded between the Seller and the Ordering Party, by which the Seller undertakes to perform the Service, and the Ordering Party undertakes to collect the product and pay the price.
8. Supplier – a specialized entity dealing with the delivery of parcels. The Seller cooperates with the courier companies GEIS, DPD and DHL and with forwarding companies.
§ 2 GENERAL PROVISIONS
1. The Seller communicates with the Ordering Party via the contact form available on the website www.szyszkadesign.com, e-mail or telephone. The Seller's contact details are specified in § 1 of the Regulations. The cost of the connection is in accordance with the tariff of the service provider whose telecommunications services the Ordering Party uses.
2. The Ordering Party uses the Seller's Services via the online Store www.szyszkadesign.com.
3. Each product offered in the Store is brand new, unless otherwise stated.
4. The Seller is obliged to deliver a product free from defects.
5. The store's website is maintained in Polish, English and German.
6. Each price specified for a product is a gross price, i.e. a price including VAT.
7. After the Ordering Party places an order, the price cannot be changed.
8. The Seller has the option to change the price of goods offered in the Store only before the Ordering Party places an order. 9. The Seller has the option to expand the Store's offer by adding new goods.
10. The Seller has the option to introduce price reductions and promotions. Some promotions are implemented via discount codes, which are made available each time in such a case by the Seller on the Website, subject to § 2 section 11 of the Regulations.
11. As part of promotional sales or at reduced prices, the number of goods and the duration of the promotion or price reduction are limited, and orders are fulfilled in the order in which they are placed. The promotion or price reduction ends when stocks run out or at a time specified by the Seller. The Seller will inform each time about the introduction or end of the promotion or price reduction and about their duration via the Store.
12. When placing an order, the Ordering Party concludes an Agreement with the Seller, as referred to in § 1 item 7 of the Regulations.
13. The Seller issues a fiscal receipt confirming the conclusion of the Agreement for each order. The fiscal receipt is always attached and sent with the ordered goods. At the Ordering Party's request, the Seller issues a VAT invoice, which is also attached or sent by e-mail.
14. In its operations, the Seller is guided by the applicable code of good practice, in accordance with the Act of 23 August 2007 on counteracting unfair market practices.
§ 3 PLACING ORDERS
1. The Ordering Party places an order via the Store on the website www.szyszkadesign.com.
2. In order to place an order, after selecting the goods, the Ordering Party is obliged to press the "ORDER" button.
3. After pressing the "ORDER" button, the Ordering Party is obliged to provide the following data:
• Name;
• Surname;
• E-mail address;
• Contact phone number;
• Street;
• Building number;
• Apartment number;
• Postal code;
• City;
• Country;
• optional:
• Company name;
• Tax identification number;
4. Providing personal data by the Ordering Party and continuing the purchase is tantamount to a declaration that the data provided by him/her is true.
5. The Ordering Party declares whether he/she wants to receive a VAT invoice from the Seller with the order by checking or leaving the appropriate checkbox empty. If the Ordering Party orders a VAT Invoice from the Seller, they are obliged to complete the address data with the company name and the Tax Identification Number to which the VAT Invoice will be issued.
6. The Ordering Party who is an active VAT-EU payer may request a 0% VAT invoice. In such a case, it is necessary to contact the Seller by e-mail.
7. If the order address is not located in the territory of: EU member states, it is not possible to make payment via the Website. After the Ordering Party continues the purchase, the Seller will receive their address data. The Seller will determine the cost and time of delivery of the goods to the order address and will contact the Ordering Party individually within 5 business days of placing the order on the Website in order to finalize the order.
8. After providing the data indicated in § 3 sec. 3 of the Regulations, the Ordering Party may continue the purchase by clicking the "Continue" button. With the exception of the situations described in § 3 sec. 6 of the Regulations and in § 3 sec. 7 of the Regulations, the Ordering Party will be informed about the shipping costs. Except for the above-mentioned situation, the Ordering Party, after clicking "Continue" again, has the option to choose one of two payment methods: via the Autopay system or direct bank transfer.
9. After selecting the payment method, the Ordering Party makes the purchase by pressing the "Order and pay" button.
10. The Seller reserves the right to additionally verify the order by contacting it electronically or by phone no later than within 3 business days after placing the order. At the same time, the Seller reserves the right not to execute the order in a situation where the Ordering Party has provided incomplete or false data, in accordance with § 3 sec. 3 of the Regulations, about which he will inform the Ordering Party, if possible.
11. After pressing the "Order and pay via" button, the Ordering Party is obliged to make the payment.
12. In the situation referred to in § 3 sec. 10 sentence 2 of the Regulations, the Seller will return the paid funds within 7 days from the date of providing the Ordering Party with information about the impossibility of fulfilling the order.
13. The order is accepted for fulfillment upon receipt by the Seller of confirmation of positive authorization from the payment system.
14. In a situation where, after the Ordering Party places an order, the Seller finds that the ordered goods are not available, the Seller will immediately inform the Ordering Party about this by e-mail or telephone. In such a situation, the Ordering Party has the possibility of withdrawing from the Agreement, and the funds transferred to the Seller will be returned within 7 days from the date of receipt by the Seller of information about withdrawal from the Agreement. The Ordering Party also has the possibility of expressing the desire to fulfill the order within a period that will be individually agreed with the Seller.
15. The principles of processing data indicated in § 3 sec. 3 of the Regulations are described in § 8 of the Regulations.
16. Providing data indicated in § 3 sec. 3 points (a-j) of the Regulations is necessary for the execution of the order. Providing the data indicated in § 3 point 3 points (l-m) of the Regulations is necessary for issuing a VAT invoice, about which the Ordering Party will be separately notified when placing the order, at the stage referred to in § 3 point 5.
§ 4 PAYMENTS
1. After placing the order, the Ordering Party is obliged to make payment for the ordered goods.
2. The Ordering Party makes payment for the ordered goods:
a) By bank transfer directly to the Seller's bank account. Account number - 45249000050000453000180371;
b) By bank transfer via the online payment platform - Autopay S. A.; c) online using a payment card:
*Visa
*Visa Electron
*Mastercard
*Mastercard Electronic
*Maestro
d) by BLIK. The entity providing online payment services is Autopay S.A.
3. The price indicated at the stage of selecting the payment system is the final price, which includes VAT and the cost of delivery of the goods, except for the situations described in § 3 sec. 6 of the Regulations and in § 3 sec. 7 of the Regulations.
§ 5 DELIVERY COSTS AND TIMES
1. An order processing time is assigned to each product. The order processing time is specified in business days and is counted from the day the Ordering Party places the order to the day the ordered goods are sent.
2. In a situation where the Ordering Party orders goods with different processing times, the Seller is bound by the longest time.
3. The date of receipt of the goods is the sum of the order processing time and the delivery time. 4. The delivery times of the goods are as follows:
a) Courier within Poland - 1 business day;
b) Courier outside Poland within the European Union - 2-4 business days; c) Courier outside the European Union - determined individually.
5. Delivery is made in the board-to-board system, which means that it does not include placing an order. 6. In the event of unsuccessful delivery of the order, the Ordering Party is obliged to pay for the return delivery to the store and the re-delivery to the delivery address (total: two times rate of the paid shipping amount, and in the case of free shipping - in accordance with the delivery prices applicable in the store). The Ordering Party will also be charged the costs of storing the products until the day of re-delivery in the amount of PLN 100 gross for each commenced square meter of surface area per day, unless otherwise agreed.
7. Point 6 applies primarily to deliveries made by the Seller's own transport or by ordered individual forwarding, whereby the customer was informed at least one day in advance about the delivery date by e-mail and/or phone, and the delivery date does not differ from the expected one by more than 10 business days.
8. Storing the order at the Seller's is associated with a fee of PLN 100 gross for each commenced square meter of surface area per day, unless otherwise agreed. The Seller has the right not to agree to the storage of products, unless the delivery date differs from the expected one by more than 10 business days and the Seller does not have sufficient space.
§ 6 OBLIGATIONS OF THE ORDERING PARTY
1. The Ordering Party is obliged to check the condition of the shipment and its contents in the presence of the Supplier.
2. In the event of damage in transit, the Ordering Party must perform the acts of diligence required by the provisions of the Act of 15 November 1984 - Transport Law (Consolidated text: Journal of Laws of 2012, item 1173) to maintain the Supplier's liability, and in particular to have the Supplier establish the condition of the shipment and the circumstances of the damage in a protocol.
3. The Ordering Party is obliged to acknowledge receipt of the shipment from the Supplier in writing.
4. Upon acknowledgement, the ownership of the goods and all risks related to possession and use, in particular the risk of loss or damage, are transferred to the Ordering Party.
§ 7 COMPLAINT PROCEDURE
1. The rights and obligations of the Ordering Party who is a consumer are specified in the Act of 30 May 2014 on consumer rights.
2. The Ordering Party may withdraw from the Agreement within 14 days without giving a reason and without incurring any costs.
3. The Ordering Party has the possibility to file a complaint.
4. In the event of the Ordering Party withdrawing from the Agreement or filing a complaint, the appropriate address for making a return or sending a complaint is as follows: Szyszka Design, ul. Sikorki 2, 31-589 Kraków.
5. The period for withdrawal from the Agreement begins upon receipt by the Ordering Party of the goods from the Supplier.
6. The Ordering Party may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller.
7. To meet the deadline referred to in § 7 section 3 of the Regulations, it is sufficient to send the declaration before its expiry.
8. In the event of withdrawal from the Agreement in accordance with § 7 of the Regulations, the Agreement is deemed not to have been concluded.
9. The Seller shall, within 14 days from the date of receipt of the declaration of withdrawal from the Agreement, return to the Ordering Party all payments made by him, including the costs of delivering the goods.
10. The Seller shall return the payments using the same method of payment as used by the Ordering Party, unless the Ordering Party has expressly agreed to another method of return that does not involve any costs for him.
11. If the Seller has not offered to collect the goods from the Ordering Party himself, he may withhold the return of payments received from the Ordering Party until he receives the goods back or until the Ordering Party provides proof of sending them back, depending on which event occurs first.
12. If the Ordering Party has chosen a method of delivering the goods other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to return the additional costs incurred by the Ordering Party.
13. The Ordering Party is obliged to return the goods to the Seller immediately, but no later than 14 days from the date on which he withdrew from the Agreement, unless the Seller has offered to collect the goods himself. To meet the deadline, it is sufficient to return the goods before it expires. When returning the goods, the Ordering Party is obliged to properly secure the goods against destruction.
14. The Seller is obliged to collect the goods at his own expense if, due to the nature of the goods, they cannot be returned in the usual way by post. This does not exclude the Ordering Party's obligation to return the goods properly secured against destruction.
15. The Ordering Party is liable for the decrease in the value of the goods resulting from their use in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.
16. The right to withdraw from the Agreement in accordance with this paragraph does not apply to the Ordering Party who has ordered non-prefabricated goods, manufactured according to the Ordering Party's specifications or intended to meet his individual needs.
17. In the event of withdrawal from the Agreement, the Ordering Party should return the received VAT Invoice together with the goods.
18. The Seller is liable to the Consumer under the terms specified in Article 556 of the Civil Code and subsequent articles for physical defects (warranty).
19. In the case of a contract with a Consumer, if a physical defect was found before the expiry of one year from the moment of delivery of the item, it is assumed that it existed at the time of transfer of the risk to the Consumer.
20. If the sold item has a defect, the Consumer may:
A. submit a declaration requesting a price reduction;
B. submit a declaration of withdrawal from the contract; unless the Seller immediately and without excessive inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free one or to remove the defect, he is not entitled to replace the item or remove the defect.
21. Instead of the removal of the defect proposed by the Seller, the Consumer may request the exchange of the item for a defect-free one or, instead of the exchange of the item, request the removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, whereby the assessment of the excessive costs takes into account the value of the item free from defects, the type and significance of the identified defect, and the inconvenience to which the Consumer would be exposed by another method of satisfaction is also taken into account.
22. The Consumer may not withdraw from the contract if the defect is insignificant.
23. If the sold item has a defect, the Consumer may also: A. request the exchange of the item for a defect-free one; B. request the removal of the defect.
24. The Seller is obliged to exchange the defective item for a defect-free one or to remove the defect within a reasonable time without excessive inconvenience to the Consumer.
25. The Seller may refuse to satisfy the Consumer's request if bringing the defective item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to another possible method of bringing the defective item into conformity with the contract. 26. If the defective item has been installed, the Consumer may request that the Seller dismantle and reinstall it after replacing it with a defect-free item or removing the defect, but is obliged to bear part of the related costs exceeding the price of the item sold or may request that the Seller pay part of the costs of dismantling and reinstalling it, up to the price of the item sold. In the event of failure to fulfill the obligation by the Seller, the Consumer is authorized to perform these activities at the expense and risk of the Seller. 27. A consumer who exercises warranty rights is obliged to deliver the defective item to the complaint address, and if due to the type of item or the manner of its installation, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where the item is located. In the event of failure to fulfill the obligation by the Seller, the Consumer is authorized to return the item at the expense and risk of the Seller. 28. The Seller is not liable for:
• defects resulting from circumstances beyond the Seller's control;
• defects resulting from improper use, maintenance and preservation;
• damage and defects resulting from attempted modifications made by the customer;
• damage resulting from improper location of the product (on an unleveled surface, in the immediate vicinity of heating elements);
• color changes caused by exposure to sunlight;
• damage caused by the use of chemicals;
• damage and deformation caused by placing hot, cold or heavy objects directly on
the table surface;
• damage and defects caused by inappropriate air humidity levels in the room; this includes damage such as: cracks, gaps,
plane changes, unevenness, warping;
• damage caused by long-term contact with water;
• damage caused by inappropriate transport by the customer themselves, as well as by the courier company (in the event of damage by the courier company, a report should be completed with the courier);
• damage and defects that the customer became familiar with when purchasing the product;
• changes resulting from everyday use;
• natural changes in the structure of the wood and its colour;
• natural anatomical elements of the wood structure (heartwood, sapwood, rays, rings,
knots, cracks and others);
• touch-ups and small defects indicating conscious styling of the furniture by the
Seller, resulting from, for example, wood aging technology, joining
component elements or resulting from the nature of handmade furniture; • natural defects.
29. The Seller shall consider complaints immediately, no later than within 14 days from the date of receipt of the complaint.
30. After considering the complaint, the Seller shall inform the Ordering Party about its position via e-mail or telephone.
31. The Seller will replace damaged goods with defect-free ones, however, if this is not possible, the Seller will refund the Ordering Party the costs incurred or offer another product available in the Store's offer.
§ 8 PRIVACY POLICY
1. Joanna Barejka Szyszka Design with its registered office at ul. Sikorki 2, 31-589 Kraków, REGON 364507903, NIP 6772403445, e-mail address: sklep@szyszkadesign.com (hereinafter: Szyszka Design) obtains data of natural persons purchasing goods offered in the store operated via the website szyszkadesign.com (hereinafter: Personal Data).
2. The collection of Personal Data, their collection and other processing is carried out in accordance with applicable legal regulations, including in particular the Act of 10 May 2018 on the protection of personal data (hereinafter: the Act) and the Regulation of the European Parliament and of the Council of the European Union of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter: GDPR).
3. The Personal Data Administrator is Joanna Barejka.
4. Personal data will be processed for the purpose of performing the contract for the sale of goods in the offer of the online store run by Szyszka Design. The legal basis for processing is Art. 6.1 point b) of the GDPR.
5. The recipients of personal data will be: Szyszka Design and its employees, associates and subcontractors.
6. Personal data will not be transferred to a third country/international organization.
7. Personal data will be stored for the limitation period of claims to which Szyszka Design is entitled in connection with the sale of a given product, but not less than for 3 years.
8. You have the right to access the content of your Personal Data and the right to rectify, delete, limit processing, the right to transfer Personal Data, the right to object, the right to withdraw consent at any time without affecting the lawfulness of processing (*if processing is based on consent), which was carried out on the basis of consent before its withdrawal.
9. You have the right to lodge a complaint with the appropriate supervisory authority, i.e. the Inspector General for Personal Data or the President of the Office for Personal Data Protection, if you consider that the processing of your Personal Data violates the provisions of applicable law, in particular the Act and the GDPR.
10. Providing Personal Data is necessary to purchase goods offered in the store operated via the website szyszkadesign.com, and the consequence of not providing Personal Data will be the inability to purchase these goods.
11. Your personal data will not be processed in an automated manner, including profiling.
12. Szyszka Design uses the Google Analytics service. Google Analytics uses COOKIES technology. The website saves fully ANONYMOUS information regarding, among others, the behavior of users using the szyszkadesign.com website, their approximate location or the browser used. This data is collected for statistical purposes and allows Szyszka Design to improve the quality of the services provided. Google Analytics does not collect ANY Personal Data and does not enable the identification of the user.
§ 9 FINAL PROVISIONS
1. The Ordering Party acknowledges that some of the products offered are made by hand, which does not allow for faithful reproduction of their appearance. These differences may concern color, shape or pattern.
2. Dimensional tolerance: as a result of the processes of processing, leveling and matching wooden elements, the dimensions of the finished product may differ from the nominal values within 2%. In the event of the need to manufacture a product with dimensions burdened with a lower error, the Buyer must contact the Buyer at the latest at the time of placing the order. Failure to indicate such a need means acceptance of the tolerance given by the manufacturer and if this tolerance is maintained, the Consumer has no right to file a complaint due to the discrepancy in dimensions.
3. Natural wood defects All defects of natural wood and related to the characteristics of this material such as: knots, local cracks, knot holes and any other defects have a key impact on the appearance and individual character of the products and are not considered a product defect, unless otherwise individually agreed with the Buyer.
4. Wood working: Products are made of solid wood. This natural material tends to change volume and shape under the influence of external factors - mainly fluctuations in air humidity. This process is very long-lasting and depends on a number of factors to which wood is subjected during use. The wood from which the furniture is made has been subjected to appropriate seasoning/drying processes that adapt it to indoor use, however, slight deformation and cracking of the surface is a normal and natural phenomenon. Phenomena related to the working of wood are not considered grounds for complaint, unless they significantly affect the usability of the furniture. The consumer is obliged to maintain a temperature in the room where the wooden product is stored within the range of 18-23 degrees and relative air humidity of 40-65%. The manufacturer is not responsible for deformations resulting from: - storing and using the product in a room with an inappropriate level of air humidity; this includes damage such as: large cracks, gaps, changes in planes, unevenness, warping; - placing the furniture in the immediate vicinity of heat sources such as stoves, fireplaces, radiators, ovens; - placing hot, cold or heavy objects directly on the surface of the furniture; - exposing the furniture to prolonged contact with water or other liquids; - placing the furniture on an uneven surface (the wood will adjust to the unevenness); - storing unpacked furniture for a period longer than 10 days; - storing in inappropriate conditions during transport.
5. The Buyer should unpack the shipment immediately after receiving it. Failure to unpack solid wood products may negatively affect its properties, including by cracking the surface due to too low humidity and air circulation.
6. Wood may change colour under the influence of exposure to sunlight, which is a natural process and does not constitute grounds for filing a complaint.
7. Maintenance and rules of use A. The Seller undertakes to provide the Buyer with instructions for use, which the Consumer is obliged to familiarise themselves with immediately. The Seller excludes its liability in the event of using the product not in accordance with the instructions provided. B. The consumer should periodically take care of the product by covering it with an appropriate agent 1-2 times a year. This agent is not included with the purchased product. All information about the agent and the method of maintenance will be recorded in the instructions for use. Any defects resulting from the lack of product maintenance are not grounds for complaint.
8. The photos of the products posted on the website, unless otherwise stated, are for illustrative and demonstrative purposes only. This means that these photos do not show finished products offered for sale, but present examples of products that can be manufactured by the Seller on the individual order of the Buyer. Therefore, the actual appearance and color of the products is different for each order and may differ from that presented in the photos.
9. The photos showing the colors of the countertops are for illustrative and demonstrative purposes only. This is due to differences in the display of colors by various devices/screens and the distortion of colors by the camera. The Seller undertakes to make every effort to ensure that the colors shown on the website differ as little as possible from the real ones. In order to obtain a more precise view of the colour, it is recommended to order colour samples, which are available from the Seller. Please note that the colour on the sample may also differ slightly from the colour of the finished product due to differences in the structure of the wood.
10. The Ordering Party is obliged to receive the ordered goods and settle the payment for the ordered goods in accordance with the Regulations. The Ordering Party may refuse to receive the ordered goods only if it is found to be damaged during receipt of the shipment.
11. All information, product photos, manufacturer's trademarks are protected by copyright. It is prohibited to copy and distribute them, use them for commercial or presentation purposes without the consent of the owners.
12. The Regulations are effective from the moment of their publication on the Store's website.
13. The Seller reserves the right to make changes to the content of the Regulations. The Seller will inform about any changes to the Regulations via the Store's website.
14. The Ordering Party has the possibility to view the content of the Regulations without incurring any additional fees. The Regulations are posted on the Store's website in the "Regulations" tab.
15. The publication of the provisions of the Regulations in a place other than the Service requires the written consent of the Seller.
16. The Ordering Party has the possibility to record the provisions of the Regulations by copying the content of the Regulations or printing the content of the Regulations at any time.
17. In the absence of appropriate provisions of the Regulations regulating a specific issue, the provisions of Polish law shall apply, including in particular the Act of 23 April 1964 - the Civil Code (Consolidated text: Journal of Laws 2014.121), the Act of 30 May 2014 on consumer rights.
18. In a situation where a court or other competent body rules that a provision of the Regulations is inconsistent with Polish law or the principles of social coexistence, the provisions of Polish law shall apply in place of the conflicting provision of the Regulations, including in particular the Act of 23 April 1964 - the Civil Code (Consolidated text: Journal of Laws 2014.121), the Act of 30 May 2014 on consumer rights. The provisions of the Regulations that have not been ruled inconsistent with Polish law or the principles of social coexistence remain in force and are effective.
19. Any disputes arising from the Regulations will be resolved amicably by the parties, and in the absence of an amicable solution, the court competent to resolve the dispute will be the court competent for the defendant's place of residence or registered office. Placing an order means accepting the provisions of these regulations.