Terms and Conditions of the online store Desingsy

Defining, among other things, the rules for entering into agreements through the Store, containing key information about the Seller, the Store, and Consumer rights.

Table of Contents
§ 1 Definitions
§ 2 Contacting the Seller
§ 3 Technical Requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of Withdrawal from the Agreement
§ 8 Exceptions to the Right of Withdrawal
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations

§ 1 Definitions

Working Days - days from Monday to Friday, excluding public holidays in Poland.
Civil Code - the Polish law dated April 23, 1964, known as the Civil Code.
Consumer - a Buyer who is a natural person purchasing in the Store or taking actions aimed at making a purchase, without a direct connection to their economic or professional activity.
Account - a digital service, governed by separate regulations as defined by the Consumer Rights Act, allowing the Buyer to use additional features in the Store free of charge.
Buyer - any entity making a purchase in the Store or taking actions aimed at making a purchase.
Privileged Buyer - a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur - a Buyer who is a natural person, entering into or intending to enter into an agreement with the Seller based on the Regulations directly related to their economic activity but not of a professional nature.
Regulations - this set of terms and conditions.
Store - the online store 'Desingsy' operated by the Seller at the address desingsy.pl
Seller - PHILIPP GMÜR, a business operator conducting business under the name JPG Studio PHILIPP GMÜR, registered in CEiDG maintained by the minister responsible for economic affairs, NIP 7792169800, nr REGON 300705576, ul. Słoneczna 3, 62-007 Tuczno, Poland.
Consumer Rights Act - the Polish law dated May 30, 2014, on consumer rights.

§ 2 CONTACTING THE SELLER

1. Postal Address: ul. Słoneczna 3, 62-007 Tuczno
2. Email Address: info@desingsy.pl
3. Phone: 6O7315744
4. The cost of a phone call or data transmission made by the Buyer is based on the standard rates of the telecommunications operator or internet service provider used by the Buyer. The Seller notes that the cost of international calls or international data transmission may be higher than the cost of domestic calls or transmission, depending on the rates adopted by the telecommunications operator or internet service provider used by the Buyer."

§ 3 Technical Requirements

1. For the proper functioning of the Store, the following are required:
   
   • device with internet access.
   • internet browser supporting JavaScript and cookies.
2. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is necessary.

§ 4 Shopping in the Store

1. The prices of the products visible in the Store are the total prices for the product.
2. The Seller notes that the total order price consists of the following, as indicated in the Store: the price for the product and, if applicable, the delivery costs.
3. The Buyer must add the selected product to the shopping cart in the Store.
4. Then, the Buyer selects the method of product delivery and the payment method for the order from the available options in the Store, and provides the necessary information to fulfill the placed order.
5. The order is placed when its content is confirmed, and the Buyer accepts the Terms and Conditions.
6. Placing an order is equivalent to the conclusion of an agreement between the Buyer and the Seller.
7. The Buyer may register in the Store, i.e., create an Account, or make purchases without registration by providing their data for each respective order."

§ 5 Payments

1. The following payment methods are available in the Store:
   1. Regular bank transfer to the Seller's bank account;
   2. Payment via credit card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. Payment through the payment platform:
      • Autopay
   4. Cash on delivery, i.e., payment in cash upon delivery of the goods to the Buyer;
   5. Cash payment upon personal pickup of the goods.
2. In the case of choosing payment through the Autopay payment platform, payment services are provided by Autopay S.A.
3. If the Buyer chooses to pay in advance, the order must be paid within 7 working days from placing the order.
4. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.

§ 6 Order Fulfillment

1. The order fulfillment time is specified in the Store.
2. If the Buyer has chosen to pay in advance for the order, the Seller will commence order fulfillment after payment is received.
3. In a situation where, within a single order, the Buyer purchases products with different order fulfillment times, the order will be fulfilled within the timeframe applicable to the product with the longest order fulfillment time.
4. Countries for which delivery is available::
   • Poland
   • the entire European Union Area
5. The following delivery methods are available in the Store:
   1. Via courier company;
   2. To InPost parcel lockers.
6. The Buyer may personally pick up the goods at the company's headquarters during its opening hours.
7. If the Buyer chooses personal pickup, the goods will be ready for pickup within the specified order fulfillment time.

§ 7 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. A Privileged Buyer has the right to withdraw from the agreement concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without stating any reason.

2. The deadline to withdraw from the agreement expires 14 days from the day:
   1. On which the Privileged Buyer took possession of the goods or on which a third party other than the carrier and specified by the Privileged Buyer took possession of the goods.
   2. On which the Privileged Buyer took possession of the last goods, batch, or part, or on which a third party other than the carrier and specified by the Privileged Buyer took possession of the last goods, batch, or part, in the case of an agreement that obliges the transfer of ownership of multiple goods delivered separately, in batches, or in parts.
3. In order for the Privileged Buyer to exercise the right to withdraw from the agreement, they must inform the Seller, using the contact details provided in § 2 of the Regulations, of their decision to withdraw from the agreement by means of an unambiguous statement (e.g., a letter sent by post or email).
4. The Privileged Buyer may use the withdrawal form template provided at the end of the Regulations, but it is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send information concerning the exercise of the right to withdraw from the agreement before the withdrawal deadline expires.
   
   

   EFFECTS OF WITHDRAWAL FROM THE AGREEMENT

6. In the event of withdrawal from the concluded agreement, the Seller shall refund all payments received from the Privileged Buyer, including the cost of delivering the goods (with the exception of additional costs resulting from the Privileged Buyer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller), without undue delay and, in any case, not later than 14 days from the day on which the Seller is informed of the Privileged Buyer's decision to withdraw from the agreement.
7. The Seller will make the refund using the same payment methods that were used by the Privileged Buyer in the initial transaction unless the Privileged Buyer agrees to a different solution; in any event, the Privileged Buyer will not incur any fees as a result of the refund.
8. If the Seller has not offered to collect the goods from the Privileged Buyer in connection with withdrawal, the Seller may withhold the refund until the goods are received back, or until the Privileged Buyer provides proof of having sent back the goods, whichever is earlier.
9. The Seller kindly requests that the goods be returned to the following address: ul. Słoneczna 3, 62-007 Tuczno, without undue delay and, in any case, not later than 14 days from the day on which the Privileged Buyer informed the Seller of withdrawal from the sales agreement. The deadline is met if the Privileged Buyer sends back the goods before the 14-day deadline expires.

10. The Privileged Buyer bears the direct cost of returning the goods.

11. The Privileged Buyer is only responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
12. If the nature of the goods means that they cannot be returned by post in the usual way, the Privileged Buyer will also be responsible for the direct cost of returning the goods. The estimated amount of these costs will be provided by the Seller in the product description in the Store or when placing an order.
13. In the event of a refund for a transaction made by the Privileged Buyer with a payment card, the Seller will make the refund to the bank account associated with that payment card.

§ 8 Right of Withdrawal from the Agreement

1. The right to withdraw from a distance contract, as referred to in § 7 of the Regulations, does not apply to the following types of contracts:
   1. Contracts for the supply of goods that are not prefabricated and are manufactured according to the consumer's specifications or are clearly personalized;
   2. Contracts for the supply of goods which are liable to deteriorate or expire rapidly;
   3. Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
   4. Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
   5. Contracts for services, where the price or remuneration is dependent on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires.

§ 9 Complaints

I GENERAL PROVISIONS

1. The Seller is responsible to the Privileged Buyer for the conformity of the performance with the agreement, as provided by the universally applicable laws, including in particular the provisions of the Consumer Rights Act.
2. The Seller requests that complaints (including those regarding the operation of the Store) be submitted to the postal or email address provided in § 2 of the Regulations.
3. If a product is covered by a warranty, information about it, as well as its terms and conditions, is available in the Store..
4. The Seller will respond to complaints within 14 days from the day of receiving them.

II PRIVILEGED BUYER

1. Goods
   
   1. In the event of non-conformity of the goods with the contract, the Privileged Buyer has the right to exercise the entitlements as specified in Chapter 5a of the Consumer Rights Act.
   2. The Seller is liable for the non-conformity of the goods with the contract that exists at the time of their delivery and is revealed within two years from that moment, unless the period of usability of the goods, as specified by the Seller, their legal predecessors, or persons acting on their behalf, is longer.
   3. In accordance with the provisions of the Consumer Rights Act, in case of non-conformity with the contract, the Privileged Buyer may demand:
      1. replacement of the goods,
      2. repair of the goods.
   4. Additionally, the Privileged Buyer may issue a statement:
      1. reducing the price,
      2. withdrawing from the contract
      In situations where:
      • The Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d, paragraph 2 of the Consumer Rights Act;
      • The Seller has not brought the goods into conformity with the contract in accordance with Article 43d, paragraphs 4-6 of the Consumer Rights Act;
      • The non-conformity of the goods with the contract still exists, even though the Seller has attempted to bring the goods into conformity with the contract;
      • The non-conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the protective measures specified in Article 43d of the Consumer Rights Act;
      • From the Seller's statement or circumstances, it is clear that the Seller will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Privileged Buyer.
   5. In the case of goods subject to repair or replacement, the Privileged Buyer should make the goods available to the Seller. The Seller collects the goods from the Privileged Buyer at its own expense.
   6. The Privileged Buyer cannot withdraw from the contract if the non-conformity of the goods with the contract is insignificant.
   7. In the event of withdrawal from the contract, as described in this section (regarding goods), the Privileged Buyer promptly returns the goods to the Seller at the address ul. Słoneczna 3, 62-007 Tuczno, at the Seller's expense. The Seller refunds the price to the Privileged Buyer without undue delay, no later than within 14 days from the day of receiving the goods or proof of their return.
   8. The Seller refunds to the Privileged Buyer the amounts due as a result of using the right to reduce the price without undue delay, no later than within 14 days from the day of receiving the Privileged Buyer's statement regarding the price reduction.
2. Out-of-court methods of handling complaints and pursuing claims
   
   1. Non-judicial means of handling complaints and pursuing claims" The Seller informs the Consumer about the possibility of using non-judicial means of handling complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to handle out-of-court dispute resolution. The Consumer can use, among others:
      • assistance from the relevant European Consumer Centre from the Network of European Consumer Centres. These centers provide information on consumer rights and assist in dispute resolution in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. A list of Consumer Centers for each country can be found at: https://konsument.gov.pl/eck-w-europie/
      • the online ODR (Online Dispute Resolution) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr

      In addition, in the Republic of Poland, you can make use of the following forms of support:

      • mediation conducted by the relevant Regional Commercial Inspection Inspectorate for the area, to which you should apply for mediation. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
      • assistance from the relevant permanent consumer arbitration court operating at the Regional Commercial Inspection Inspectorate, to which you should submit a request for consideration of the matter by an arbitration court. As a rule, the procedure is free of charge. A list of courts is available here: https://uokik.gov.pl/stale_sady_polubowne.php
   2. The preceding provision is informative and does not constitute an obligation for the Seller to use non-judicial means of dispute resolution.
   3. The use of non-judicial means of handling complaints and pursuing claims is voluntary for both the Seller and the Consumer.
   4. The Consumer may also seek free assistance from a municipal or district consumer advocate.

III BUYERS OTHER THAN PRIVILEGED BUYERS

1. The Seller informs the Buyer other than the Privileged Buyer that in case of a defect in the goods, they have the right to file a complaint based on statutory warranty regulations outlined in the Civil Code.
2. For the Buyer other than the Privileged Buyer, the warranty period is two years from the date of receiving the goods. If a physical defect is discovered within this time frame, the Seller is responsible for the statutory warranty.
3. According to the Civil Code, if the Buyer other than the Privileged Buyer is a business entity (other than the Privileged Business Buyer), they will lose their warranty rights if they do not inspect the goods within the agreed period for this type of goods and do not promptly notify the Seller of the defect. If the defect becomes apparent later, the Buyer must notify the Seller immediately upon its discovery. Sending a notification of the defect before the deadline expires is sufficient to meet this requirement.
4. Under the statutory warranty, the Buyer other than the Privileged Buyer has several options, as provided by the Civil Code:
   1. they can submit a statement requesting a price reduction.
   2. in the case of a significant defect, they can submit a statement to withdraw from the contract.
   3. they can demand a replacement of the defective item with a non-defective one.
   4. they can request the defect to be repaired.
5. In the event that the complaint procedure requires returning the defective product to the Seller, the Buyer other than the Privileged Buyer is obligated to deliver the defective item to the Seller ul. Słoneczna 3, 62-007 Tuczno.

§ 10 Personal Data

1. The Seller is the administrator of the personal data provided by the Buyer during the use of the Store. Detailed information regarding the processing of personal data by the Seller, including other purposes and legal bases for data processing, as well as data recipients, can be found in the privacy policy available in the Store. This is in accordance with the transparency principle outlined in the General Data Protection Regulation (GDPR).
2. The purpose of processing the Buyer's personal data by the Seller, as provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The legal bases for processing personal data in this case are:
   • contract or actions taken at the request of the Buyer to conclude it (Art. 6(1)(b) GDPR).
   • legal obligation incumbent on the Seller related to accounting (Art. 6(1)(c) GDPR).
   • legitimate interests of the Seller, which include processing data to establish, assert, or defend any claims (Art. 6(1)(f) GDPR).
3. Providing data by the Buyer is voluntary but necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract in the Store.
4. The Buyer's data provided in connection with purchases in the Store will be processed until:
   1. the contract between the Buyer and the Seller expires.
   2. the legal obligation incumbent on the Seller to process the Buyer's data ceases.
   3. the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded through the Store ceases.
   4. an objection by the Buyer against the processing of their personal data is accepted - depending on what is applicable in a particular case.

5. The Buyer has the right to request:

   1. access to their personal data.
   2. correction of their data.
   3. deletion of data.
   4. restriction of processing.
   5. data portability to another administrator.
   6. To object at any time to the processing of data concerning them based on Art. 6(1)(f) GDPR, based on legitimate interests pursued by the Seller.
6. To exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
7. If the Buyer believes that their data is being processed unlawfully, they may file a complaint with the authority responsible for the protection of personal data. In Poland, this is the President of the Office for Personal Data Protection.

§ 11 Reservations

1. It is prohibited for the Buyer to provide content of an unlawful nature.
2. Each order placed in the Store constitutes a separate agreement and requires a separate acceptance of the Regulations. The agreement is concluded for the duration and for the purpose of order fulfillment.
3. All agreements concluded based on these Regulations are subject to Polish law, with the exception of paragraph 4.
4. The choice of Polish law for agreements concluded based on the Regulations with a Consumer does not deprive or restrict the rights of that Buyer, which are due to them under the mandatory provisions of the law applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if the national regulations applicable to the given Consumer provide for broader protection than that resulting from these Regulations or Polish law, then this broader protection is applied.
5. Agreements concluded based on the Regulations are made in the Polish language.
6. In the event of any dispute with a Buyer who is not a privileged Buyer, related to an agreement concluded through the Store, the competent court will be the one having jurisdiction over the Seller's registered office.