Store regulations
Good morning,
We're glad you've found your way to the legal documents section of our store. This means you're a conscious customer who cares about their consumer rights and makes informed purchases.
We have good news: in our Store we care not only about the quality of our products and friendly service, but also about your rights when shopping online.
Please remember that if you have any questions about our policies or the products offered in our online store, you can contact us. We will always be happy to answer any questions.
☎️ +48 600 160 147
📌
AMH Sp. z o. o .
Wejherowska Street 3/11
84-100 Puck
Regulations version 2.0 are effective from March 21, 2024.
ONLINE STORE REGULATIONS
studio-bay.pl
1. GENERAL PROVISIONS
1.1. The Online Store is available at: www.studio-bay.pl and its extensions.
1.2. The Online Store is operated by: AMH SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw at ul. Zajęcza 15, 00-351 Warsaw, registered in the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number: 0001032030, NIP: 5252953630, REGON: 52511993800000, BDO: 000626043.
1.3. Contact with the Online Store is possible:
- At the email address: kontakt@i-cc.pl ;
- By phone: +48 600 160 147 (call center open from 9:00 a.m. to 1:00 p.m., Monday to Friday, excluding public holidays);
- Using the correspondence address: AMH Sp. z o. o., ul. Wejherowska 3/11, 84-100 Puck;
- Using the contact form available in the Online Store.
1.4. The above communication channels are the contact point for service recipients within the meaning of the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC.
1.5. The Seller shall establish a contact point for state authorities and the European Union and the Digital Services Council for the purposes of applying Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (hereinafter referred to as the DSA) at the following e-mail address: kontakt@i-cc.pl .
The appropriate languages for contact are Polish and English.
1.6. Acceptance of the Regulations is voluntary, but necessary in order to use selected functions of the Online Store (e.g. creating a Customer Account or making a purchase).
1.7. The Regulations are made available free of charge in the Online Store in a manner enabling Users to:
- familiarize yourself with its content,
- recording its content by printing it out or saving it on an external medium, e.g. downloading it in PDF format,
- familiarize yourself with its currently valid version, as well as previous ones.
1.8. DEFINITIONS .
Whenever the following capitalized terms are used in the following parts of the Regulations, they should be understood in the following meaning, unless the context of their use clearly indicates otherwise:
- PROMOTIONAL CAMPAIGNS – special terms and conditions for the sale of Products or the provision of services, offered by the Seller for a specific period, which the Customer may take advantage of under the terms specified therein, such as a reduced Price for a Product or Promotional Set, or reduced/no Shipping costs. Details of the Promotional Campaign are governed by the Promotional Campaign Terms and Conditions, in accordance with the information provided within the Online Store. In the event of a Promotional Campaign being in effect, the provisions of the Promotional Campaign Terms and Conditions shall take precedence over the provisions of these Terms and Conditions.
- BOK - Customer Service Office of the Online Store, which provides information on the activities conducted by the Online Store, including the Products offered and the execution of Orders.
- PRICE - the gross remuneration amount (including tax) specified in Polish zloty, payable to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The price does not include delivery costs, unless the terms of the Promotion currently in effect in the Online Store provide otherwise.
- CUSTOMER - 1) a natural person; or acting through a person authorized (2) legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; with full legal capacity. If the Customer is a natural person with limited legal capacity, they undertake to obtain the legally effective consent of their legal representative to enter into the Service Provision Agreement/Sales Agreement and to provide such consent upon each request of the Seller.
- CONSUMER - a natural person concluding a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity, within the meaning of Article 22(1) of the Act of 23 April 1964 - Civil Code.
- CUSTOMER ACCOUNT - Electronic Service; a collection of resources in the Seller's IT system, identified by a unique name (Login) and Password provided by the Customer, enabling the Customer to use additional functionalities of the Online Store. The Customer gains access to the Account using the Login and Password. The Customer logs into their Account after registering in the Online Store. The Account allows for saving and storing information about the Customer's address for shipping Products, access to Order history, and other services provided by the Seller.
- SHOPPING CART - An Electronic Service provided to every Customer who uses the Online Store, enabling them to easily place an Order for one or more Products, occasionally enter discount codes to reduce the Price under the terms set forth in separate Promotional Campaign Terms and Conditions, and display a summary of the Price of individual Products and all Products combined (including shipping costs). The Shopping Cart also allows them to determine and modify order details, in particular: quantity of Products, delivery address, billing information, delivery method, and payment method. As part of the Shopping Cart service, the Seller may send the Customer an email about products remaining in the Shopping Cart or an unsuccessful/rejected transaction by the payment intermediary (transactional email). The Shopping Cart collects offers to conclude a Sales Agreement submitted by the Customer, meaning that more than one offer to conclude a Sales Agreement may be submitted within a single Order.
- LOGIN - the Customer's username provided within the Store when creating the Customer Account.
- NEWSLETTER - Electronic Service that enables all subscribed persons to receive periodic information about the Online Store, in particular about Products, current activities, marketing campaigns and Promotional Campaigns, to the e-mail address provided by the User, with his/her express consent.
- PRODUCT - a movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller, upon payment of the Price. The Product constitutes goods within the meaning of Article 2, Section 4a of the Act of 30 May 2014 on Consumer Rights.
- ENTREPRENEUR - CONSUMER - A customer who is a natural person concluding a contract directly related to his business activity, when the content of this contract indicates that it is not of a professional nature for him, resulting in particular from the subject of the business activity performed, made available on the basis of the provisions on the Central Register and Information on Business Activity.
- LOYALTY PROGRAM - an Online Store service available after creating a Customer Account, which enables the collection of points that can then be used to purchase Products at a reduced Price.
- REGULATIONS - this document specifying, among other things, the rules for concluding Sales Agreements and the rules for the provision and use of services provided by the Seller via the Online Store to Users and Customers. The Regulations define the rights and obligations of the User, including the Customer, and the Seller. With respect to services provided electronically, these Regulations constitute the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means.
- ONLINE STORE - an online sales website run by the Seller in Polish.
- PRODUCT PAGE - a page in the Online Store that presents detailed information about the Product.
- CONTENT/CONTENT - text, graphic or multimedia elements (e.g. information about Products, photos of Products, promotional videos, descriptions, comments), including works within the meaning of the Act on Copyright and Related Rights and images of natural persons, which are posted and distributed within the Online Store by the Seller, the Seller's contractors, the Customer or another person using the Online Store, respectively.
- SALES AGREEMENT - a sales agreement within the meaning of the Civil Code, concerning the sale of a Product by the Seller to the Customer in exchange for payment of the Price plus any additional fees, including shipping costs, the terms of which are specifically specified in these Terms and Conditions. The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, after the Seller accepts the Order under the terms and conditions set forth in these Terms and Conditions. The Sales Agreement specifies, in particular, the Product, its main features, Price, shipping costs, and other relevant terms. Each Product is subject to a separate Sales Agreement. Within the functionality of the Online Store, the Seller may, for objective (factually justified) reasons, reserve the right to conclude only one Agreement for several Products due to the direct relationship between the Products – e.g., a Promotional Set, in accordance with the Promotional Campaign Terms and Conditions.
- SERVICE AGREEMENT - an agreement for the provision of Electronic Services. The Agreement is concluded between the Customer and the Owner using means of distance communication under the terms set forth in these Terms and Conditions.
- ELECTRONIC SERVICE - the provision of services electronically, within the meaning of the Act of 18 July 2002 on the provision of services by electronic means, by the Seller to the Customer via the Online Store, in accordance with the Service Provision Agreement. To the extent that services are provided by entities cooperating with the Seller, the relevant provisions regarding the rules for using these services can be found in the regulations governing the provision of services by these entities.
- USER - a natural person browsing the resources of the Online Store, without the need to create a Customer Account and make a purchase.
- ORDER - a declaration of intent by the Customer expressing the direct intention to conclude a Distance Sales Agreement, submitted via means of distance communication, specifying the Product for which the Customer is offering to conclude a Distance Sales Agreement, as well as the Customer's data required for the potential conclusion and performance of the Distance Sales Agreement. Each Product order will be treated as an independent offer from the Customer to conclude a Distance Sales Agreement (technical convenience). During the Promotional Campaign, the Seller, within the functionality of the Online Store, may, for objective reasons, condition the conclusion of a single Distance Sales Agreement for multiple Products within a Promotional Set, due to the direct relationship between the Products. A single order number may be assigned, and all offers will be processed in parallel. Acceptance of the Order constitutes the conclusion of the Distance Sales Agreement.
2. RULES OF USE OF THE ONLINE STORE
2.1. Minimum technical requirements of the User's device enabling full and correct use of the Online Store:
- Devices with Internet access;
- The latest version of the web browser;
- An active e-mail account (e-mail address) in order to create a Customer Account, subscribe to the Newsletter, or make a purchase.
2.2. The Seller does not guarantee that use of the Online Store will be error-free or free from technical interruptions. The Seller reserves the right to suspend or restrict access to the Online Store at any time, without prior notice to Customers. The Seller will endeavor to immediately restore the Online Store's operation. Technical interruptions should not affect the fulfillment of orders already placed.
2.3. The Seller is not responsible for the content of other websites and portals to which the Customer may be redirected using links provided in the Online Store (e.g. courier companies or payment operators).
3. ELECTRONIC SERVICES IN THE ONLINE STORE
3.1. The Seller provides the following Electronic Services via the Online Store to Users, including Customers, which do not require payment of the Price:
- Maintaining a Customer Account, in the event of its registration;
- Enabling Customers to place Orders and conclude Sales Agreements, in accordance with the principles set out in these Regulations;
- Presenting customers with advertising content tailored to their interests;
- Enabling Customers to use the Shopping Cart services;
- Enabling the addition of reviews of purchased products;
- Enabling viewing of Content posted on the Store, including marketing content;
- Contact form;
- Newsletter;
- Chat.
Customer Account
3.2. The Seller additionally provides the following services via the Online Store to Customers who have created a Customer Account:
- Maintaining the Customer's session after logging in to the Account (using a browser);
- Storing and making Order History available to the Customer via the Account;
- Enabling changes to Customer data within the Customer Account;
- Enabling subscription to receive notifications about the availability of a given product;
- Loyalty Program.
3.3. The Account may be used after the Customer has completed the following steps:
- Completing the registration form by providing an email address and password, as well as consenting to the processing of personal data, accepting the provisions of these Regulations and the Privacy Policy;
- Confirmation of the willingness to create a Customer Account by activating the link in the email received at the indicated email address (double check in process);
- Successful registration, which will be confirmed by e-mail from the Customer Service Office of the Online Store.
3.4. A Customer Account may also be created using the services of external entities, e.g. Google Ireland Limited (Google account) or Meta Platforms Ireland (Facebook account).
3.5. The Service Agreement is concluded upon the Customer receiving confirmation of the Customer Account registration, sent by the Seller to the email address provided by the Customer. The Account is provided free of charge for an indefinite period. The Customer may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Seller (e.g., using the means of communication described in point 1.3 of the Terms and Conditions).
Basket
3.6. Use of the Cart begins when the User adds the first Product to the Cart.
3.7. The Shopping Cart is a service provided free of charge for the period in which the User's Shopping Cart contains unpurchased Products. The service is terminated upon placing and successfully paying for the order.
3.8. The Customer can independently correct the data entered in the "Cart" panel by adding or removing a specific item from the Cart. Deleting an item may automatically remove another item from the Cart due to the direct connection between the Products. The Cart also allows for the establishment and modification of order details, in particular: delivery address, billing information, delivery method, payment method, and the addition of discount codes.
Newsletter
3.9. The Newsletter service consists in receiving commercial information regarding the products and services of the Seller and the Seller's partners by registered Users (Service Users) who have provided the Seller (Service Provider) with their e-mail address, electronically, including by means of automated calling systems, including in particular information about their current offers, promotions, discounts and marketing campaigns (e-mail marketing).
3.10. Using the Newsletter service is possible after the User completes the following steps:
- providing at least your e-mail address in the designated field in the Online Store or checking the appropriate checkbox when placing an Order, in order to receive commercial information via the selected communication channel;
- accepting the provisions of these Terms and Conditions (including by clicking the activation link sent by the Seller to the email address provided by the Service User) and confirming that they have read the Privacy Policy. The Service Provider may also provide other ways of accepting the provisions of the Terms and Conditions.
3.11. The Newsletter service is provided for an indefinite period.
3.12. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter service (resign from the service), in particular by sending a request to discontinue the provision of the Newsletter Service to the contact details provided in point 1.3 of the Regulations or by clicking on the deactivation link contained in the e-mail sent to the Service Recipient as part of the Newsletter service.
3.13. The Seller may terminate the Newsletter service agreement at any time with one month's notice for important reasons, understood as (closed list):
- A change in the legal provisions regulating the provision of services by electronic means by the Seller, affecting the mutual rights and obligations specified in the agreement for the provision of the Newsletter service, or a change in the interpretation of the above legal provisions as a result of court rulings, decisions, recommendations or instructions of competent offices or bodies in a given scope;
- Changes to the method of providing services due solely to technical or technological reasons (in particular, updates to the technical requirements specified in these Regulations);
- Changing the scope or provision of services to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing by the Service Provider existing functionalities or services covered by the Regulations.
3.14. The Service Provider shall send its declaration within the scope specified in the paragraph above to the e-mail address or telephone number provided by the Service User when registering for the Newsletter service.
3.15. The Seller may terminate the Newsletter service agreement with the Service Recipient upon seven days' notice or deny the Service Recipient the right to continue using the Newsletter service, and may also limit the Service Recipient's access to some or all of the content referred to above, for important reasons, i.e. in the event of a gross violation of these Regulations by the Service Recipient, i.e. in situations where the Service Recipient (closed catalogue): uses the Newsletter in a manner inconsistent with the provisions of applicable law and infringes the rights of third parties, contrary to the provisions of the Regulations, as well as contrary to the customs and principles of social coexistence accepted in this respect, in particular by providing illegal content.
Algorithmic decision making
3.16. As part of our Online Store, we do not make any algorithmic decisions regarding the provision of electronic services, posting content, or processing of applications, complaints, or other requests.
Complaints about Electronic Services<
3.17. Complaints related to the provision of Electronic Services may be submitted in any form. It is recommended to use the means of communication indicated in section 1.3 of the Terms and Conditions.
3.18. A sample complaint form is available below the Regulations.
3.19. The Seller will respond to the complaint immediately, no later than within 14 days from the date of its submission.
4. CONDITIONS FOR PLACING AN ORDER AND CONCLUDING A SALES AGREEMENT
4.1. The information presented in the Online Store constitutes only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, addressed by the Seller to Users, including Customers, and not an offer under the provisions of the Civil Code.
4.2. The main features of the service, including the subject of the service and the method of communication with the User, are specified on the Product Page or in another manner appropriate for the given Product within the Online Store. If the Product does not have certain features, properties, or functions (e.g., it is an outlet product), the Seller will clearly inform the User of this before they place an Order.
4.3. As part of the development of the Products or services available in the Online Store and due to their specific nature, the Seller may introduce restrictions on the methods of placing Orders for specific Products. In the event of multiple Orders being placed simultaneously, at least one of which is subject to the above-mentioned restriction, this may affect the availability of Ordering methods for the remaining Orders as well.
4.4. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order.
Placing Orders
4.5. The Seller enables the User to place an Order via the Online Store in the following manner:
- The Customer adds the selected Product (or Products) to the Cart and then proceeds to the order form (purchase path);
- The User who is logged in to his/her Customer Account confirms in the order form that the data required to place the Order is current.
- Users who do not have a Customer Account must complete the order form themselves to the extent necessary to place an Order. The form requires the Customer to provide the following information: name and surname, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and details regarding the Sales Agreement: location and method of delivery of the Product(s), payment method. For Customers who are not Consumers, the company name and Tax Identification Number (NIP) are also required. For Entrepreneurs, the Seller may request the entrepreneur's PKD (Polish Classification of Activities) numbers.
- In any case, providing outdated or false data when completing the order form may make it impossible to complete the Order and conclude the Sales Agreement.
- When completing the Order form, you must select the method of payment for the Price and specify the method of delivery of the Product, if it is subject to shipping.
- The Customer submits an Order to the Seller (submits an offer). Customers who do not have an Account and have not previously accepted the Terms and Conditions are required to accept the Terms and Conditions and review the Privacy Policy.
- Depending on the selected payment method for the Order, the Customer may be redirected to the website of an external payment service provider in order to make the payment or provide data for the purpose of purchasing in installments or as part of a deferred payment.
4.6. In response to the Order, the Seller shall immediately send an automatic message to the Customer to the e-mail address provided by the Customer confirming receipt of the Order or the message referred to in point 4.7 letter a.
a. confirmation of acceptance of one or more individual offers for Products submitted as part of the Order and confirmation of conclusion of the Sales Agreement (acceptance of the Order for the Products indicated in the message);
or
b. information about the impossibility of accepting all offers for Products submitted under the Order, e.g. due to non-payment.
4.8. The Sales Agreement is concluded upon confirmation of the offer(s) from the Order, i.e. sending to the Customer the e-mail message referred to above regarding the Products indicated therein.
4.9. By placing an Order, the Customer consents to receiving a bill/invoice, corrective invoice, and duplicates of these documents in electronic form, to the email address provided. Along with Order confirmation, the Seller sends the bill/invoice. The Customer also declares that they will receive these electronic invoices at the email address they provided.
4.10. If it is impossible to accept all or some of the offers submitted as part of the Order, Customer Service will contact the Customer in order to:
- inform the Customer that it is not possible to accept all offers submitted under the Order; or
- The Customer confirms their willingness to fulfill the Order in the part in which the Seller has agreed to accept offers to conclude a Sales Agreement. The Customer may then cancel the entire Order (including all offers), which does not affect their right to withdraw from the agreement. Cancellation of the Order by the Customer releases the Seller from the obligation to continue fulfilling it. In the event of cancellation of the Order, the following section shall apply accordingly.
4.11. If it is impossible to accept the offer(s) submitted as part of the Order, the Sales Agreement for the Products indicated by BOK shall not be concluded, and the Seller shall immediately, no later than within 14 days, refund the Customer the payments made by him, to the extent to which the Sales Agreement was not concluded.
4.12. Regardless of the circumstances, the Seller may inform the Customer about the status of the Order, in particular by sending messages to the e-mail address or SMS provided by the Customer or by telephone.
4.13. The Seller strives to ensure the availability of all Products and the fulfillment of the Sales Agreement. If the performance cannot be performed in extraordinary or unforeseen circumstances, or in other situations specified by law, the relevant provisions of the Civil Code may apply, including Articles 493-495 of the Civil Code, in particular those concerning the obligation to immediately return the performance to the Consumer.
4.14. The total value of the Order includes the Price, shipping costs, and any other costs of optional paid services selected by the Customer. The Seller may, within a specified period, specify a minimum Order value for which Product shipping is free. The Customer will be informed of the total price including taxes of the Product, as well as the shipping costs and other costs, and if the amount of these fees cannot be determined, the obligation to pay them, before placing the Order and concluding the Sales Agreement.
4.15. Promotional Campaigns available in the Online Store cannot be combined, unless the provisions of the Promotion expressly state otherwise.
5. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
We're flexible – our store offers a variety of payment methods. Find out how you can pay for your order.
5.1. The Seller provides the Customer with various methods of payment for the Order through trusted payment intermediaries:
- electronic payments (e.g. Przelewy24, Autopay, BLIK, PayPal);
- payment by card (MasterCard, Visa);
- deferred payments (PayPo, mBank Installments);
- payment in installments (mBank Installments);
- cash on delivery or payment upon receipt of the shipment;
- traditional transfer.
5.2. The available payment methods are specified in the Online Store and presented before the Customer places an Order and concludes the Sales Agreement. Available payment methods may depend on the delivery method chosen by the Customer or the Product's characteristics. Available payment methods may change when placing multiple Orders simultaneously, particularly with respect to the Products covered by them.
5.3. If the Seller does not receive the Customer's payment, Customer Service Center (CSC) may contact the Customer to remind them of the payment and abandoned shopping cart, including by sending an email (transactional email). Failure to pay within 2 days of placing the Order, and then within an additional 2-day period, will result in the Customer's offer being rejected. The Customer may also cancel the Order without penalty by contacting the Seller via Customer Service Center (CSC) until they receive notification that the Order has been sent, which does not affect their right to withdraw from the contract.
5.4 The entity providing online payment services in the scope of payments via fast transfers is Autopay SA / PayPro SA
6. COST, METHODS AND TIME OF PRODUCT DELIVERY
Product delivery is a crucial part of order fulfillment. We strive to deliver your product to you as quickly as possible.
6.1. The Product is delivered via an external company – a postal operator (e.g. a courier company or a company providing collection at a point), selected by the Customer when placing the Order.
6.2. Product delivery to the Customer is subject to a fee, unless the Customer has placed an Order with free delivery, after meeting the free delivery criteria, or during a free delivery Promotion. The currently available Product delivery costs are indicated to the Customer before placing the Order and concluding the Sales Agreement.
6.3. Available delivery methods may depend on the Customer's chosen payment method or Product characteristics. Available delivery methods may change when placing multiple Orders simultaneously, particularly with respect to the Products covered by them.
6.4. We usually deliver within 24 hours from the date of Order confirmation. The total delivery time for the ordered Product includes:
- The time it takes for the Seller to prepare the order for shipment (up to 3 business days from the date of confirmation of the Order by the Seller). If you order multiple Products, the Order will be forwarded for delivery after the product with the longest preparation time is ready;
- The delivery time by a courier company or postal operator is indicated at the stage of placing the Order and depends on the type of Product ordered and on the deadlines of a given courier company or other postal operator.
6.5. If Products are shipped outside of the Republic of Poland, the delivery time may be longer than indicated above. In such a case, the Customer will be informed of the planned delivery date of the Product.
6.6. In extraordinary situations, the delivery time may be extended, of which the Seller will inform Customers (e.g. sale period, holiday period, unforeseen circumstances such as the outbreak of a pandemic).
6.7. In the event of an extension of the Order preparation period or the Product delivery time, the Seller reserves the right to contact the Customer to inform them of the reason for the delay and the new, planned delivery date.
6.8. The order delivery time may be extended in the case of Products that require
6.9. Personalization upon request. The Customer will be informed of the shipping date on the Product Card or when placing the Order.
6.10. When accepting a Product from a courier or postal operator, the Customer should, if possible, verify with the carrier that the Product has been delivered intact and without any defects. If the Product is damaged by the carrier, a damage report should be completed and the Seller notified.
6.11. Courier companies, postal operators, and companies operating Collection Points have their own regulations regarding delivery services (including the handling of potential complaints regarding delivery, the time and method for reporting any damage to the shipment, and other important matters) – detailed information in this regard can be found on the websites of the companies providing the delivery. Please review these terms and conditions before selecting your delivery method.
7. OPINIONS POSTED IN THE ONLINE STORE
Our Store, like many other e-commerce entities, collects product reviews. We strive to make this process as transparent as possible. We value reliable reviews. Therefore, in this section of the Terms and Conditions, we explain the rules that apply to our Store when posting reviews and comments.
7.1. All Customer reviews of Products purchased in the Online Store are verified. The Online Store obtains reviews only from people who actually made a purchase.
7.2. After receiving the ordered Products, the Customer may be asked to voluntarily add a review of the purchased Product.
7.3. The Customer may add an opinion about the Products using the dedicated link for posting an opinion.
7.4. To collect reviews, the Seller cooperates with Refericon sp. z o. o. with its registered office in Poznań (KRS: 0000668107, NIP: 7831755621, REGON: 36677842800000), which sends the Customer a review form and processes it for the purpose of collecting reviews. More information on how our partner processes reviews can be found here: https://getreview.pl/o-aplikacji/jestem-klientem-sklepu/
7.5. By completing the review form, the Customer consents to the publication of subjective content about the purchased Product and to the sharing of personal data necessary to submit the review. Depending on the review mechanism used, the Customer may be asked to provide a comment, a star rating (e.g., 1 to 5), or indicate their level of satisfaction or dissatisfaction with the Product.
7.6. The opinions published in the Online Store are not sponsored in any way, and their content
7.7. does not affect the terms of future contracts concluded with the Seller.
7.8. The Online Store publishes all opinions, both positive and negative, as long as their content does not violate the provisions of the Regulations or applicable law.
7.9. In exchange for posting a review of the Online Store or Products, the Seller will issue a discount code. The discount code is provided to the authors of all reviews whose content does not violate any provisions of the law or these Terms and Conditions (both positive and negative).
7.10. Reviews posted in the Online Store are verified to ensure they were written by Customers who actually purchased the Product. This verification is performed by comparing the data of Customers who purchased the reviewed products with the data of the individuals posting the review. For Customers who receive an email requesting a review, we guarantee that only those who have purchased and received the Product receive the email.
8. LOYALTY PROGRAM
Here we describe how you can benefit and how our loyalty program works.
8.1. The program is available to Customers who are logged in to their Customer Account when adding products to the Cart or who have logged in to their Customer Account no later than before placing an Order.
8.2. A Customer who meets the above-mentioned conditions after concluding a Sales Agreement and paying the Price will earn points that will allow them to purchase Products at a reduced Price upon concluding a subsequent Sales Agreement. The Customer can check their current number of points in the Customer Panel tab, available after logging in to their Customer Account.
8.3. After obtaining the appropriate threshold of points under the Loyalty Program for a given Customer Account, a permanent discount will be granted, by which the Price of the Products will be reduced.
8.4. In the event of withdrawal from the Sales Agreement, cancellation of the Order or other circumstances obliging the Seller to refund the Price paid by the Customer, the points accrued for concluding a given Sales Agreement will be deducted from the number of points awarded to the Customer to date.
8.5. Points awarded to the Customer expire 365 days from the date they were earned. However, the Customer retains the discount granted after exceeding the appropriate points threshold under the Loyalty Program.
8.6. Detailed terms and conditions of the Loyalty Program, including information on the exact method of calculating points, can be found in the Loyalty Program tab on the Online Store website.
9. PRODUCT COMPLAINTS
We place great importance on the craftsmanship of our products. However, if you have any concerns about a purchased item, please see how easy it is to file a complaint with us.
9.1. The Customer who is a Consumer or an Entrepreneur – Consumer is entitled to file a complaint regarding the purchased Product.
9.2. The Seller is responsible for the compliance of the performance with the contract, and in particular is obliged to deliver to the Customer a Product free of defects and consistent with the concluded Sales Agreement. The Seller is not liable for the lack of conformity of the Product with the Agreement to the extent specified in Article 43b, paragraph 2 or 3 of the Consumer Rights Act, if the Consumer has been expressly informed that a specific feature of the Product deviates from the requirements for conformity with the Agreement and has expressly and separately accepted its features at the latest at the time of conclusion of the Sales Agreement.
9.3. The Seller is liable for any lack of conformity of the Product with the Agreement existing at the time of its delivery to the Consumer and revealed within 2 years from that time, unless the Product's shelf life is longer.
9.4. The Customer may submit a complaint in any form. We encourage you to submit a complaint using the forms of communication available in section 1.3 of the Terms and Conditions.
9.5. In the event of non-conformity of the Product with the Agreement, the Customer who is a Consumer and the Entrepreneur-Consumer have the rights specified in Chapter 5A – the Consumer Rights Act (hereinafter referred to as: non-conformity of the goods with the agreement).
9.6. If the goods do not conform to the contract, the Consumer may request their repair or replacement.
The Seller may make a replacement when the Consumer requests a repair, or the Seller may make a repair when the Consumer requests a replacement, if bringing the goods into conformity with the contract in the manner chosen by the Consumer:
- It is impossible
- It would require excessive costs for the Seller.
If repair or replacement is impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the contract. The Seller will repair or replace the goods at its own expense within a reasonable time from the moment the Seller is informed by the Consumer of the nonconformity of the goods with the contract. The Consumer is obligated to make the goods subject to repair or replacement available to the Seller. The Seller will collect the goods at its own expense.
9.7. The Consumer also has the right to submit a declaration of price reduction or withdrawal from the Sales Agreement when:
- The Seller refuses to bring the goods into conformity with the contract;
- The seller fails to bring the goods into conformity with the contract;
- The lack of conformity of the goods with the contract persists even though the Seller has tried to bring the goods into conformity with the contract;
- The lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior request for repair or replacement of the goods;
- The Seller's statements or circumstances clearly indicate that he will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer.
9.8. If the Consumer submits a price reduction request, any amounts due as a result of exercising this right will be refunded to the Customer no later than 14 days from the date the Seller receives the Customer's price reduction request. The refund will be made using the same payment method the Customer used to pay for the goods, unless the Customer expressly consents to a different refund method.
9.9. If the Consumer exercises the right to withdraw from the contract in the situations referred to in Article 43e, paragraph 1 of the Consumer Rights Act, the Customer shall return the goods to the Seller immediately. All costs associated with returning the goods in the circumstances indicated in the preceding sentence shall be borne by the Seller. The Seller shall refund the purchase price within 14 days of receiving the goods or proof of their return.
9.10. The Seller is liable for any lack of conformity of the goods with the contract that exists at the time of delivery and is discovered within 2 years of that date. Customer claims for non-conformity of the goods with the contract are subject to a limitation period of 6 years from the date the non-conformity of the goods with the contract is discovered. The limitation period ends on the last day of the calendar year.
9.11. It is recommended that the Customer provide the following information in the complaint description:
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(1) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the defect;
(2) request a method of bringing the Product into compliance with the Sales Agreement or a declaration of a price reduction or withdrawal from the Sales Agreement; and
(3) Contact details of the complainant (name and surname, mailing address, telephone number, email address) – this will facilitate and expedite the Seller's processing of the complaint. The requirements specified in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.
9.12. The Seller will respond to the Customer's complaint immediately, no later than 14 days from the date of its receipt. Otherwise, the complaint will be deemed accepted by the Seller.
10. OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
We believe that in the event of a disagreement with a client, it's worth talking and striving to reach an amicable resolution. Learn how we can resolve your dispute.
10.1. Using out-of-court complaint and redress procedures is voluntary. The following provisions are for informational purposes only and do not constitute an obligation on the part of the Seller to use out-of-court dispute resolution procedures. The Seller's declaration of consent or refusal to participate in out-of-court consumer dispute resolution procedures shall be submitted by the Seller on paper or another durable medium if, following a complaint filed by the Consumer, the dispute is not resolved.
10.2. The principles of conducting proceedings for the out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this respect are specified separately in legal provisions (including, in particular, the Act of 23 September 2016 on the out-of-court resolution of consumer disputes) or in regulations applied by relevant entities competent in the field of consumer dispute resolution. Detailed information regarding the possibility for a Customer who is a Consumer to use out-of-court methods of complaint handling and redress, as well as the rules of access to these procedures, may be available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, in particular also at the following website of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. The President of the Office of Competition and Consumer Protection maintains a public register of entities authorized to conduct proceedings for the out-of-court resolution of consumer disputes.
10.3. A Customer who is a Consumer has the following exemplary options for using out-of-court complaint and claim settlement methods:
- The Customer is entitled to apply to a permanent consumer arbitration court, referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection, with a request to resolve a dispute arising from the concluded Sales Agreement.
- The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).
- The European Commission provides a platform for online consumer dispute resolution at http://ec.europa.eu/consumers/odr. The seller is not currently participating in this voluntary alternative dispute resolution procedure.
11. RIGHT OF WITHDRAWAL FROM THE CONTRACT (RETURNS)
We know that sometimes consumers want to exercise their statutory right to return goods. We fully understand this. Find out how quickly and easily you can withdraw from a distance contract with us.
11.1. A Customer who is a Consumer who has concluded a distance or off-premises contract may withdraw from it without giving any reason and without incurring any costs, other than those provided for by law, within 30 days of taking possession of the purchased Product. The provisions of this section of the Regulations also apply to Entrepreneurs – Consumers who declare that they are exercising their right to withdraw from the contract under the Act of 30 May 2014 on Consumer Rights, as they have concluded a contract directly related to their business activities, and the contract itself is not of a professional nature for them, provided that the Entrepreneur – Consumer must submit the declaration referred to in this section within 14 days of taking possession of the purchased Product.
11.2. To meet the deadline, it is sufficient for the Consumer or Entrepreneur-Consumer to submit a declaration to the Seller before its expiry. The Consumer or Entrepreneur-Consumer may submit any unequivocal declaration in which they inform of their withdrawal from the Sales Agreement.
11.4. Consumer and Entrepreneur – The Consumer bears the cost of returning the Product (the cost of return shipping from the Consumer to the Seller).
11.5. The period for withdrawal from the Sales Agreement begins on the day the Consumer, Entrepreneur-Consumer or a third party indicated by him other than the carrier (proxy) takes possession of the products, and in the case of a Sales Agreement which covers many products that are delivered separately, in batches or in parts – on the day the last product, batch or part is taken into possession.
11.6. Consumer and Entrepreneur - The Consumer is obligated to return the product to the Seller immediately, no later than 14 days from the date on which they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to return the product before its expiry. The Consumer may return the product to the following address: i-coucou, ul. Wejherowska 5D, 84-100 Puck, Poland
11.7. Consumer and Entrepreneur - The Consumer should secure the returned product in such a way that it is not damaged during transport.
11.8. In the event of effective withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
11.9. The Seller is obliged to immediately, but no later than within 14 days from the date of receipt of the Consumer's or Entrepreneur-Consumer's declaration of withdrawal from the contract, refund all payments made by the Consumer, including the costs of delivery of the product (excluding additional costs resulting from the Customer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller may withhold sending the refund until the returned goods are received or confirmation of shipment is sent to us, whichever comes first.
11.10. If the Consumer or Entrepreneur - Consumer exercises the statutory right of withdrawal, the Seller shall refund the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different refund method that does not involve any costs for the Consumer.
11.11. If the Consumer or Entrepreneur-Consumer exercises the right of withdrawal, the Consumer or Entrepreneur-Consumer is liable for any reduction in the value of the product resulting from using it beyond what is necessary to establish the nature, characteristics, and functioning of the product, or due to improper care of the product or improper packaging of the product when returning it to the Seller. The Consumer or Entrepreneur-Consumer's liability may include, in particular, the inability to offer the product for sale as a full-fledged product, the costs of re-attaching labels and security elements to the product, as well as the costs of restoring the Product to a condition that allows it to be offered for sale again in the Online Store, including the costs of examining the product by a specialist and the costs of removing defects identified as a result of such examination (to the extent that such defects result from the Consumer using the product beyond what is necessary to establish its nature, characteristics, and functioning).
11.12. Consumers who purchase a pre-packaged set are obligated to return all products included in the set, including free items. Partial returns will not be accepted, and the Buyer will be responsible for return shipping costs.
11.13. The statutory right of withdrawal does not apply in the following circumstances:
- The Consumer, in the event of exceeding the 30-day deadline (the Entrepreneur-Consumer, in the event of exceeding the 14-day deadline) to inform the Seller of the will to withdraw from the sales contract;
- In situations referred to in Article 38 of the Consumer Rights Act.
12. INTELLECTUAL PROPERTY RIGHTS
In this section, we indicate what intellectual property rights we protect on our website and what rules you must follow.
12.1. All rights to the Online Store, in particular proprietary copyrights, intellectual property rights to its name, internet domain, as well as to forms, legal documents, logos, trademarks, text, graphics, photos and other content posted by the Seller belong to the Seller, and may be used only in accordance with the Regulations.
12.2. It is prohibited to copy, reproduce, modify, duplicate, or distribute any part of the Online Store, the Service, or any element thereof without the prior written consent of the Seller, except as expressly permitted by applicable law and these Terms and Conditions. The Seller may take steps, including legal proceedings, to protect its own interests and the interests of Online Store Customers.
12.3. The rights to use, copy, and distribute data available on the website are subject to the provisions of the Copyright and Related Rights Act.
12.4. The name and logo of the online store are additionally subject to legal protection as a trademark registered with the Patent Office of the Republic of Poland under the registration number: R.367155.
12.5. The use of Online Store data for commercial purposes may take place after prior notification to the Seller and obtaining his written consent.
13. PERSONAL DATA PROTECTION
Check how we care for your personal data.
13.1. The principles of personal data protection are specified in the "Privacy Policy" document.
13.2. The principles of using cookies on the Website are specified in the "Cookies Policy" document.
14. PROVISIONS RELATING TO CUSTOMERS WHO ARE NOT CONSUMERS
If you shop in our store and are not a consumer, this part of the regulations is addressed to you.
14.1. This section of the Regulations and the provisions contained therein apply only to Customers who are not Consumers and Entrepreneurs who are Consumers.
14.2. Upon the Seller's release of the Product to the carrier, the benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, are transferred to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for any loss, shortage, or damage to the Product occurring from the time it is accepted for transport until its release to the Customer, or for any delay in shipment.
14.3. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Customer who is not a Consumer is excluded.
14.4. Neither the Seller nor its employees, authorized representatives and proxies shall be liable to the Customer, its subcontractors, employees, authorized representatives and/or proxies for any damages, including loss of profits, unless the damage was caused intentionally by them.
14.5. In each case of establishing the liability of the Seller, its employees, authorized representatives and/or proxies, this liability towards a Customer who is not a Consumer, regardless of its legal basis, is limited - both within a single claim and for all claims in total - to the amount of the Price paid and delivery costs under the last Sales Agreement and covers only the actual damage suffered.
14.6. Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.
14.7. With respect to Customers who are not Consumers, the Seller may amend the Regulations at any time on the basis of generally applicable provisions of law.
15. LIMITATION AND MODERATION OF CONTENT POSTED BY CUSTOMERS
In accordance with the provisions of the DSA and other provisions of mandatory law, we describe below the rules for posting Content and moderating it on our website.
15.1. Content posted on our website must not violate any legal provisions or the provisions of these Regulations.
15.2. You are also prohibited from using our website to:
- Advertising activities that are competitive with the Seller;
- Providing information about activities, promotions, promoting products or collections without prior consent of the Seller;
- Posting content containing words considered vulgar, inciting hatred or any form of violence;
- Publishing content that infringes the personal rights of natural or legal persons, including the Seller;
- Posting content that is contrary to etiquette;
- Publishing content that duplicates content posted by the Seller, Customers or Users;
- Posting content containing links or references to other websites or computer programs;
- Publishing content aimed at changing the website's code or seeking to gain unauthorized access to its elements.
15.3. In the event of a violation of the above-mentioned rules for publishing content on the website, the Seller reserves the right to moderate it, including removing it.
15.4. The Seller evaluates content objectively and proportionately, in compliance with applicable law. Any content moderation will be conducted in compliance with the fundamental values set out in the Charter of Fundamental Rights, in particular freedom of expression, liberty, and pluralism.
15.5. Content evaluation and moderation are not automated. A designated employee of the Seller is responsible for all content moderation.
15.6. In the event of content moderation, the Seller will notify the person posting the content about the moderation if he or she has the contact details necessary to do so (e.g. email address).
15.7. Each author of moderated content has the right to appeal the Seller's decision regarding the moderation. To do so, the author should respond to the message informing them of the content moderation or direct their appeal to the contact details provided in Section 1.3 of the Terms and Conditions.
16. MECHANISMS FOR REPORTING ILLEGAL CONTENT AND HOW THEY ARE DEALT WITH
Anyone visiting our website can report illegal content they see on it. Below, we describe how to submit a report and how we handle it.
16.1. If you find any content on our website that you or your Customer considers illegal, you may report it via the contact form.
16.2. In your application, we suggest you indicate:
- Why do you think the content is illegal;
- Indicating the location of the illegal content by describing its location on the website or indicating the appropriate URL code or address of the website where the illegal content is located;
- Name and surname or name and e-mail address of the reporting person, except for reports concerning child sexual abuse, child sexual exploitation, child pornography, solicitation of children for sexual purposes or related to one of the above-mentioned crimes;
- A statement that the report is made in good faith and that the information contained therein is complete and correct.
16.3. If the notification contains electronic contact details, the Seller will send confirmation of receipt of the notification without undue delay.
16.4. If the notification contains electronic contact details, the Seller will, after considering it, inform the reporting entity of the outcome and indicate a possible appeal procedure.
17. FINAL PROVISIONS
17.1. Regulations version 2.0 enters into force on March 11, 2024.
17.3. In matters not regulated by these Regulations, the provisions of generally applicable law shall apply.
17.4. Unless mandatory provisions of law provide otherwise, the law applicable to the resolution of any disputes arising under these Regulations is Polish law.
17.5. In the event that the provisions of the mandatory law of the Customer's country of habitual residence provide for more favorable conditions for the Customer than the provisions of Polish law and the provisions of these Regulations, the provisions of the law of the Customer's country of habitual residence shall apply.
17.6. The content of these Terms and Conditions may change if the Seller modifies the manner or scope of its business operations, or as a result of legal changes requiring these Terms and Conditions to be incorporated into generally applicable law. The Online Store will notify Users of any changes by posting information on the Online Store website or, in the case of Users with an active Customer Account, by email. Anyone who receives the aforementioned message will be able to submit a notice of termination of agreements for the provision of electronic services (within no more than 14 days of receiving the message) performed under these Terms and Conditions. Orders placed before the amendments to these Terms and Conditions enter into force will be governed by the provisions of the Terms and Conditions in force at the time of placing the Order.
Previous versions of the Regulations:
Regulations 1.0 valid until March 20, 2024.
Links to forms:
Complaint form FOR REPLACEMENT
Withdrawal form from the contract TO BE REPLACED
