Online Store Regulations

 

  • 1 General provisions
  1. This Regulation concerns the conclusion of Goods purchase and Service agreements, as described in the offers on the Store’s website concluded at a distance within the meaning of Article 2(1) of the Act of 30 May 2014 on Consumer Rights.
  2. This Regulation also concerns electronic service agreements as provided in Article 2(4) of the Act of 18 July 2002 on the Provision of Electronic Services, in particular in the scope of using the functionalities of the Store.
  3. Polish law shall be applicable for agreements concluded via the Store.
  4. The capitalized Regulations used in this Regulation shall mean:
  5. Store – the online store operating at www.masked.pl
  6. Seller – Sonia Piścio conducting business activity under the name of SOPI STUDIO     SONIA PIŚCIO, Lędzińska 43/3, 43-140 Lędziny, TIN 6462661377
  7. . The Seller is the administrator of              personal data, and the details of processing personal data by the Seller are described              in the Privacy Policy.
  8. Buyer – a person expressing the intention to conclude a distance sales Contract via     the Store.
  9. Consumer – a Buyer who is a natural person making a purchase not directly related     to their business or professional activity.
  10. Entrepreneur with some Consumer rights – a natural person who enters into a                 Contract directly related to their business activity, when the subject of this Contract       does not have a professional character, in particular resulting from the subject of            their business activity, made available on the basis of the regulations on the Central                 Register and Information on Economic Activity.
  11. User – a person using functionalities, including services available in the Store.
  12. Order – Buyer’s statement of intent to conclude a sales or service Contract,                 specifying the type and number of Goods or the type of Service.
  13. Goods – movable property that is in the Seller’s current assortment displayed on the Store’s website or purchased from them through the Store.
  14. Service – the performance of specific actions for the Buyer, as specified in the offer    description on the Store’s website.
  15. Regulation – this Regulation.
  1. The Buyer can contact the Seller by phone: +48 733 040 003 (operator’s tariff applies) from Monday to Friday from 9 am to 5 pm or by e-mail: kontakt@masked.pl or in writing at the address provided above.
  2. To use the Store, the Buyer must have an end device with an installed web browser and access to the Internet.

 

 

 

  • 2 Orders
  1. The information posted on the Store’s website constitutes an offer within the meaning of Article 66(1) of the Civil Code Act of 23 April 1964.
  1. In order to conclude a sales Contract or a service Contract, the Buyer must use any Internet browser to enter the Store’s website and choose the Goods or Services, performing subsequent actions in accordance with the displayed instructions. Registering a User account in the Store is not necessary to place an Order.
  1. The Buyer selects Goods or Services by adding them to the shopping cart.
  1. During the order process – up to the moment of clicking the “BUY AND PAY” button confirming the Order with a payment obligation – the Buyer has the opportunity to modify the data entered and change the selected Goods. To do so, follow the Customer instructions and information available on the website.
  1. After providing all the necessary data, a summary of the Order will be displayed, including a description of the selected Goods or Services, the total price, and delivery time and method.
  1. To place an Order, it is necessary to accept the Regulation and Privacy Policy, provide the required personal data, and click the button to confirm the Order.
  1. The Contract is considered concluded from the moment of confirming the Order by clicking the “BUY AND PAY” button on the Order summary page, provided that the Order is consistent with the Regulation. After the Contract is concluded, the Buyer will receive an e-mail confirmation containing all relevant elements of the Order.
  1. Orders for ready-made Goods are fulfilled within 5 working days for ready-made projects, within 14 working days for projects from the configurator, and around 21 working days for special requests, excluding delivery time, unless otherwise stated in the offer. If it is impossible to meet this deadline, the Buyer will be immediately informed of the order fulfillment time and the reasons for not meeting the deadline. In this situation, the Buyer may withdraw the Order within 3 days, with the effect of renouncing the Contract.

The Seller fulfills orders only within the territory of the Republic of Poland, with shipments abroad possible only after agreeing to individual terms with the Seller.

  1. The Seller fulfills orders exclusively within the territory of the Republic of Poland, with possible shipments abroad only after individual conditions have been agreed upon with the Seller.

    10. The Buyer has the option of ordering Goods with individually defined features – using a configurator or according to a special request project. In the case of ordering Goods according to a special request project, the Seller confirms the Regulations of fulfillment and the price in the order confirmation, which the Buyer must confirm within 7 days. The Contract is concluded upon the Buyer’s confirmation of the Regulations of the order fulfillment.

    11. Orders in which all required Buyer data has not been provided or is untrue will not be fulfilled.

    12. In the event that a sales agreement is not reached, the parties will return what was mutually provided.

  • 3 Payment Methods

 

  1. Prices for Goods and Services are given in Polish Zloty (PLN) and include Value Added Tax (VAT).
  2. Payment for Goods can be made by the Buyer either
  3. prior to Order fulfillment:
  4.   by bank transfer to the Seller’s account:

                        PL 02 1050 1399 1000 0097 4017 8224

  1. or by transfer through the Przelewy24 payment gateway.
  2. upon receipt of the Order.
  3. Payment made through the payment gateway requires acceptance of the service provision regulations by PayPro S.A. with its registered office in Poznan, ul. Pastelowa 8 (60-198), Polish National Court Register 0000347935, Tax Identification Number 7792369887 – the payment intermediary and the rules for processing personal data by them.
  • 4 Delivery

    1. The Goods purchased in the Store are delivered through:

    a. Courier company;
                b. Polish Post S.A.;
                c. Parcel lockers.

    2. The Seller reserves the right to limit the choice of carriers due to the dimensions and character of the delivered Goods.

    3. Delivery time depends on the carrier and is:

                a. 2-5 days for courier shipment;
                b. 2-7 days for postal package;
                c. 2-4 days for parcel locker.

    4. The Goods can also be picked up personally by the Customer at the Seller’s headquarters only after prior agreement of such possibility and an exact pickup time.

    5. A fiscal receipt is enclosed with the shipped Goods, or upon the request of the Buyer,         an invoice is issued. In case of no receipt or VAT invoice included with the Goods, the Buyer is obliged to immediately report this fact to complete the shortage.

  1. The delivery cost is fully covered by the Buyer and depends on the postal operator’s price list and the size of the package, which is included in the Order summary and added to the price.

    7. Upon receiving the ordered Goods, the Buyer is obliged to check the condition of the shipment in the presence of the carrier. In the event of any signs of damage to the shipment, the Buyer is obliged to take appropriate steps to document such damage (protocol, statement, photos, video) and provide them to the Seller to enable them to claim compensation from the carrier or postal operator.

    8. The risk of loss or damage is transferred to the Buyer upon delivery of the Goods to the Buyer.

    9. In the event of returning the ordered Goods to the store due to the Buyer’s failure to pick them up, the Seller will contact the Buyer via electronic means to determine the reasons for not picking up the Goods. In the absence of a response within 7 days, the Seller may terminate the agreement and return the price paid by the Buyer, deducting the cost of returning the Goods to the Seller and the delivery cost, unless the Buyer – Consumer chose the cheapest standard delivery method offered by the Seller.

    10. Returned Goods due to reasons related to the Buyer may be sent to the Buyer again if the Buyer pays the cost of the return and re-shipment. Prepayment must be made to the Seller’s bank account.

    11. Orders waiting for personal pickup and returns of undeliverable shipments containing Goods that the Buyer did not terminate the Agreement for are stored free of charge in the Seller’s headquarters for up to 1 month. After that period, they will be stored for a fee of 100 PLN per kilogram per month, payable upon receipt of the Goods.

  • 5 Right to withdraw from the Agreement

    1. The Consumer Buyer and the Entrepreneur who has certain Consumer rights have the right to withdraw from a distance agreement without giving any reason in accordance with the following rules (Consumer withdrawal).

    2. Consumer withdrawal is made by submitting an unambiguous statement in writing within 14 days from the day on which the Buyer came into possession of the Goods or when a third party other than the carrier and indicated by the Buyer came into possession of the Goods. It is sufficient to send the statement before the expiry of the deadline to comply with this term.

    3. To exercise the right to withdraw, the Buyer may use the model withdrawal form – Annex No. 1 to the Regulations.

    4. In the event of an effective Consumer withdrawal, the Seller returns to the Buyer the total price of the Goods or Services purchased, as well as the equivalent of the cost of delivering the item, limited to the cost of the cheapest standard delivery method.

    5. The return of payments to the Buyer is made within 14 days from the notification of Consumer withdrawal by the Buyer to the Seller, but not earlier than the return of the Goods to the Seller or the delivery of proof of its return.

  1. The refund is made in the same manner as the Buyer paid for the order, unless otherwise agreed by the Buyer. In any case, the Buyer is not charged any fees related to this refund.

    7. The Buyer is responsible for the cost of returning the Goods to the Seller.

    8. The Buyer who exercises the right to withdraw from the agreement is responsible for reducing the value of the item resulting from the use of the item beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.

    9. The right to withdraw from the agreement does not apply where the subject of the sale is an item that is not prefabricated and was manufactured according to the Buyer’s specifications or is intended to satisfy their individual needs. In particular, if the Buyer has chosen colors and sizes in the configurator.

    10. The right to withdraw does not apply if, at the express request of the Consumer, the provision of the service begins before the withdrawal period expires.

  • 6 Warranty

    1. For physical or legal defects of the Goods, the Seller is liable towards the Buyer who is not a Consumer or a Businessman with some Consumer rights, under the rules specified in the Civil Code, in particular in provisions of Article 556 and Article 5561-5563 of the Civil Code. Buyer complaints are considered according to these provisions.

    2. Buyer may make a complaint regarding defective Goods, by submitting a written statement sent to the Seller’s address or electronically to the e-mail address indicated in § 1 of the Regulations.

    3. In the aforementioned statement, the Buyer should describe in detail the reasons for the Complaint, unambiguously specify the demands towards the Seller and attach confirmation of purchase of the Goods, as well as evidence of the existence of a defect (e.g. photos, videos).

    4. The Complaint is considered within 14 days.

    5. The Buyer who is exercising the warranty rights simultaneously returns the Goods to the Seller’s address.

                                        § 7 Compliance of the Goods with the Contract

    1. The provisions contained in this paragraph concerning the Consumer also apply to the Entrepreneur with some Consumer rights.

    2. If the Goods are not in compliance with the Contract, the Buyer who is a Consumer may demand their repair or replacement, or submit a statement on a price reduction, or withdraw from the Contract.

    3. If the request for repair or replacement is impossible or would require excessive costs, the Seller may replace instead of repairing, and vice versa may repair if the Consumer demands replacement, or the Seller may refuse to perform both repair and replacement.

  1. When assessing excessive costs for the Seller, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the Goods, their value if they were in conformity with the Contract, and whether the replacement, repair, or their refusal causes excessive inconvenience to the Consumer.

    5. The Seller shall repair or replace the Goods within a reasonable time and without excessive inconvenience to the Consumer, taking into account the specificity of the Goods and the purpose of their acquisition.

    6. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.

    7. The Buyer may submit a statement on a price reduction or withdraw from the Contract if:

    a. the Seller refuses or fails to bring the Goods into conformity with the Contract,
    b. the non-conformity of Goods with the Contract persists despite repair or                             replacement,
                c. the non-conformity of Goods with the Contract is so significant that it justifies a            price reduction or withdrawal from the Contract without prior request for                      replacement or repair,
                d. the Seller’s statement or circumstances clearly indicate that the Seller will not bring             the Goods into conformity with the Contract within a reasonable time or without               excessive inconvenience to the Consumer.

    8. The reduced price shall be in the proportion to the original price in which the value of the non-conforming Goods remains to the value of the Goods conforming to the Contract.

    9. If the Consumer uses the price reduction, the Seller shall refund the difference within 14 days from the date of receipt of the Consumer’s statement.

    10. The Consumer may not withdraw from the Contract if the lack of conformity of the Goods with the Contract is insignificant.

    11. If only some Goods do not conform to the Contract, the Consumer may withdraw from the Contract only with respect to those Goods. However, if withdrawal from part of the order would cause reasonably assessing that other Goods purchased at the same time would not be significant to the Consumer, the Consumer may also withdraw from the Contract regarding the Goods conforming to the Contract.

  2. In case of withdrawal due to non-conformity of the Goods with the Contract, the Consumer immediately returns the Goods to the Seller at the Seller’s expense.

    13. The Seller shall refund the price to the Consumer within 14 days from the date of receipt of the Goods or proof of return.

  3. The refund shall be made in the same way as the Consumer paid for the order, unless the Consumer explicitly agreed to a different solution. In any case, the Consumer shall not incur any fees in connection with the refund.

    15. Complaints regarding the non-conformity of the Goods with the Contract shall be considered within 14 days. In case of no response within this period, the complaint shall be deemed acknowledged. The Seller shall provide a response to the complaint to the Consumer on paper or other durable medium, e.g. by email.

    16. The Seller does not use out-of-court dispute resolution mechanisms referred to in the Act of 23 September 2016 on out-of-court dispute resolution for Consumer disputes.

    §8 Provision of free-of-charge services electronically

    1. The Seller provides free-of-charge services electronically:

    a.  Contact Form;
                b. Account Management;

    2. The services listed in point 1 above are provided at all times, except for technical breaks.

    3. The Contact Form service includes the ability to contact the Seller using a form placed on the Store’s website.

    4. Resignation from the Contact form service consists of ceasing to send inquiries to the Seller.
    5. The Account Management service consists of providing the User with a dedicated panel within the Store’s website, enabling the storage and modification of data submitted during Registration, as well as verification of the current status of orders and the history of previous orders.

    6. The Seller does not take actions aimed at verifying posted comments (reviews), in particular whether they come from Customers who actually purchased the Goods.

    7. The Seller and the User have the right to terminate the Contract for the provision of free-of-charge services electronically at any time, without giving reasons, subject to the preservation of rights acquired by the other party before the termination of the Contract.

  • 9 Provision of paid services

    1. The Seller provides paid services described on the Store’s pages, as well as individual services upon the User’s special request.

    2. Orders, payments, and potential delivery within the provision of services described in offers on the Store’s pages shall proceed in accordance with § 2,3,4 of the Regulations.

    3. Consumer withdrawal from a Contract for the provision of a service, if applicable, shall be carried out in accordance with the rules specified in § 5 of the Regulations.

    4. The Seller shall commence the provision of the Service immediately after the booking of the payment for the service or within the period specified in the offer describing a given Service, not earlier than the expiration of the Consumer’s withdrawal period from the Contract, unless the Consumer waives this right.

    5. The Seller’s liability for non-performance or improper performance of the Service is limited to the total amount of remuneration paid by the User for the given service.

    6. The limitation indicated in paragraph 5 above does not apply to Consumers.

                                                            § 10  Service Complaints

    1. Users may file complaints regarding the Services provided by the Seller (paid and unpaid) by using the contact form or by sending an email to: kontakt@masked.pl.

    2. The complaint must contain identifying information and contact details, including the User’s email address, as well as a description of the problem that is the basis for the complaint. If these pieces of information are missing, the User will be asked to provide them.

    3. The complaint must be submitted within 14 days from the moment the problem that is the basis of the complaint first appeared, unless generally applicable regulations provide for a different deadline. Complaints submitted after this deadline will not be considered.

    4. The Seller will consider the complaint within 14 days from its correct submission.

    5. The response to the complaint will be sent to the email address indicated in the complaint.

  • 11 User Account Registration

    1. Registration is carried out by completing the Registration Form provided on the Store’s website, confirming the information contained therein, and accepting the Regulations and Privacy Policy.

    2. Providing personal data marked as mandatory is a condition for registration.

    3. The User may delete the account at any time, upon request submitted through the Contact Form or to the Seller’s email address.

    §12  Use of User Account

    1. When using the User Account, the User shall:

                a. use it in accordance with its intended purpose and applicable law,
                b. provide true identifying information,
                c. respect the personal rights of third parties, as well as the good name of the Seller,
                d. not post any illegal content.

    2. The Seller may deprive the User of the right to use the Store, or restrict such use immediately, in the situations described in point 1 above.

                                                       § 13  Final Provisions

    1. In matters not regulated by the Regulations, applicable provisions of general law shall apply, in particular the provisions of the Civil Code, the Consumer Rights Act of May 30, 2014 and the Act on the Provision of Electronic Services of  18 July 2002.

    2. Proprietary rights to content on the Store’s web pages, as well as works created as a result of the Services provided, belong to the Seller. Such content is protected by copyright law and copying or using it in any other way without the Seller’s written consent, under penalty of invalidity, is illegal.

  1. The Seller may grant a non-exclusive license if it is clearly provided for in the offer description of the Goods or Services on the Store’s website, within the scope indicated therein. In the case of individual Services at the request of the User, the Seller may grant a license by sending a written statement defining its content and scope. The granting of a license by the Seller shall not be presumed.

    4. The User or any third party has the right to inform the Seller if they deem that the content published on the Store’s website infringes their rights, personal interests, morals, feelings, morals, beliefs, principles of fair competition, or protected secrets. The Seller, upon being notified of such infringement, shall take immediate action to remove the content that is the cause of the actual infringement.

    5. The Seller has the right to unilaterally amend the Regulations for valid legal, technical, or organizational reasons.

    6. Users will be informed of the content of the amendment to the Regulations with a 14-day notice before the change takes effect, by posting information about the changes to the Regulations on the Store’s website.

    7. Goods and Services purchased prior to the entry into force of the amended Regulations shall be executed based on the provisions of the Regulations in force on the day the order was placed.

    8. The Regulations shall come into force on 18 April 2023.