Online Store Regulations
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.
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.
PL 02 1050 1399 1000 0097 4017 8224
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
realization: CUTberry