Regulamin

 

§ 1
Preliminary Provisions

  1. The online store Kishki Ceramics, available at https://kishkiceramics.com, is operated by Magdalena Wiatrowska, conducting business under the name Kurz Studio Magdalena Wiatrowska, registered in the Central Registration and Information on Economic Activity (CEIDG) maintained by the minister responsible for economic affairs, Tax ID (NIP) 6653009104, National Business Registry Number (REGON) 368007089.
  2. This Terms and Conditions document is addressed to both Consumers and Entrepreneurs using the Store, and it defines the rules for using the online Store as well as the principles and procedure for concluding Distance Sales Agreements with the Customer via the Store.

 

§ 2
Definitions

  1. Consumer – a natural person entering into an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
  2. Seller – a natural person conducting business under the name Kurz Studio Magdalena Wiatrowska, registered in the Central Registration and Information on Economic Activity (CEIDG) maintained by the minister responsible for economic affairs, Tax ID (NIP) 6653009104, National Business Registry Number (REGON) 368007089.
  3. Customer – any entity making purchases via the Store.
  4. Entrepreneur – a natural person, legal person, or organizational unit without legal personality, granted legal capacity by a separate law, conducting business in their own name, who uses the Store.
  5. Store – the online store operated by the Seller at https://kishkiceramics.com.
  6. Distance Agreement – an agreement concluded with the Customer as part of an organized system for concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication until the agreement is concluded.
  7. Terms and Conditions – these terms and conditions of the Store.
  8. Order – the Customer’s declaration of intent made via the Order Form, directly aimed at concluding a Product Sales Agreement with the Seller.
  9. Account – the customer account in the Store, where the Customer’s data and information about Orders placed in the Store are collected.
  10. Registration Form – a form available in the Store that enables the creation of an Account.
    Order Form – an interactive form available in the Store that enables the placement of an Order, particularly through adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  11. Cart – a component of the Store’s software in which the Products selected by the Customer for purchase are visible, along with the ability to determine and modify the Order data, particularly the quantity of products.
  12. Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  13. Sales Agreement – a sales agreement for a Product concluded or entered into between the Customer and the Seller via the online Store. The term Sales Agreement also refers to, depending on the characteristics of the Product, a contract for the provision of services and a contract for specific work.

§ 3
Contact with the Store

  1. Seller’s address: Wieniawskiego 8/32, 62-510 Konin
  2. Seller’s email address: kurzstudio0@gmail.com
  3. Seller’s phone number: 503867807
  4. Seller’s bank account number: 28109011990000000152667026
  5. The Customer may contact the Seller using the addresses and phone numbers provided in this paragraph.
  6. The Customer may contact the Seller by phone from 10:00 to 18:00.

§ 4
Technical Requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:

  • an end device with Internet access and a web browser,
  • an active email account,
  • enabled cookies,
  • FlashPlayer installed.

 

§ 5
General Information

  1. To the fullest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties, or incompatibility of the online Store with the Customer's technical infrastructure.
  2. Browsing the Store's assortment does not require creating an Account. Orders for Products available in the Store can be placed by the Customer either after creating an Account in accordance with § 6 of the Terms and Conditions or by providing the necessary personal and address data to complete the Order without creating an Account.
  3. The prices listed in the Store are in Polish zlotys (PLN) and include VAT (gross prices).
  4. The final amount payable by the Customer includes the Product price and delivery cost (including transport, delivery, and postal service fees), which the Customer is informed about on the Store’s pages during the Order process, including at the moment of expressing intent to enter into a Sales Agreement.
  5. In the case of a subscription or services provided for an indefinite period, the final price is the total amount of all payments for the billing period.
  6. When the nature of the subject of the Agreement makes it reasonably impossible to calculate the final price in advance, information on how the price will be calculated, as well as on transport, delivery, postal service fees, and other costs, will be provided in the Store in the Product description.

§ 6
Creating an Account in the Store

  1. To create an Account in the Store, the Registration Form must be completed. The following information is required: email address, first and last name, shipping address, and phone number.
  2. Creating an Account in the Store is free of charge.
  3. Logging into the Account is done by providing the login and password set up in the Registration Form.
  4. The Customer may delete the Account at any time, without providing a reason and without incurring any charges, by sending a request to the Seller, particularly via email or in writing to the addresses provided in § 3.

§ 7
Order Placement Rules

To place an Order, the following steps must be completed:

  1. log in to the Store (optional);
  2. select the Product to be ordered, then click the “Add to Cart” button (or equivalent);
  3. log in or choose the option to place an Order without registration;
  4. if the option to place an Order without registration was chosen, complete the Order Form by entering the recipient’s details and the address where the Product is to be delivered, select the type of shipment (delivery method), and enter billing details if different from the recipient’s details;
  5. click the “Order and Pay” button and confirm the order by clicking the link sent in the email message;
  6. select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8 point 3.

 

§ 8
Available Delivery and Payment Methods

  1. The Customer may use the following delivery or pickup methods for the ordered Product:
  • InPost courier delivery,
  • InPost parcel locker delivery.
  1. The Customer may use the following payment methods:
  • Bank transfer to the Seller’s account,
  • Electronic payments,
  • Payment by credit card.

 

  1. Detailed information on delivery methods and accepted payment methods can be found on the Store's website.

 

§ 9
Execution of the Sales Agreement

  1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form on the online Store in accordance with § 7 of the Terms and Conditions.
  2. After the Order is placed, the Seller promptly confirms its receipt and simultaneously accepts the Order for processing. The confirmation of receipt and acceptance of the Order for processing is provided by sending an appropriate email to the Customer at the email address provided during the Order placement. This email contains at least the Seller’s declarations of receipt and acceptance of the Order and confirmation of the conclusion of the Sales Agreement. Upon receipt of this email by the Customer, the Sales Agreement between the Customer and the Seller is concluded.
  3. If the Customer chooses payment by bank transfer, electronic payment, or credit card, the Customer is required to make the payment within 3 calendar days from the date of the Sales Agreement conclusion; otherwise, the order will be canceled.
  4. For orders of Products with different delivery times, the delivery time shall be the longest stated time.
  5. For orders of Products with different delivery times, the Customer has the option to request partial delivery of the Products or delivery of all Products once the entire order is complete.
  6. The start of the Product delivery period to the Customer is calculated as follows: If the Customer chooses payment by bank transfer, electronic payment, or credit card, from the date the Seller’s bank account is credited.
  7. Delivery of the Product is only available within Poland.

§ 10
Right of Withdrawal from the Agreement

  1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The period specified in paragraph 1 begins upon the delivery of the Product to the Consumer or a person indicated by them other than the carrier.
  3. In the case of an Agreement covering multiple Products that are delivered separately, in batches, or in parts, the period specified in paragraph 1 starts from the delivery of the last item, batch, or part.
  4. For an Agreement involving regular delivery of Products over a specified period (subscription), the period specified in paragraph 1 begins from the possession of the first item.
  5. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the declaration before the period expires.
  6. The declaration may be sent by traditional mail or electronically by sending it to the Seller's email address or by submitting the declaration on the Seller’s website – the Seller’s contact details are specified in § 3. The declaration can also be submitted using the form attached as Appendix 1 to these Terms and Conditions and as an attachment to the Act of May 30, 2014, on Consumer Rights, but this is not mandatory.
  7. If the Consumer sends the declaration electronically, the Seller will promptly send a confirmation of receipt of the withdrawal declaration to the Consumer’s email address provided by the Consumer.
  8. Effects of Withdrawal from the Agreement:
  • In the case of withdrawal from a Distance Agreement, the Agreement is considered null and void.
  • In the case of withdrawal from the Agreement, the Seller shall promptly, no later than within 14 days from the date of receipt of the Consumer's withdrawal statement, return all payments made by the Consumer, including the costs of delivering the item, except for additional costs resulting from the Consumer's choice of a delivery method other than the least expensive standard delivery method offered by the Seller.
  • The refund will be made by the Seller using the same payment methods used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that does not involve any additional costs for them.
  • The Seller may withhold the refund until the Product is received back or until proof of its return is provided, whichever occurs first.
  • The Consumer should return the Product to the Seller's address specified in these Terms and Conditions promptly, no later than 14 days from the day on which they informed the Seller of the withdrawal from the Agreement. The deadline is met if the Consumer sends the Product back before the 14-day period has expired.
  • The Consumer bears the direct cost of returning the Product, including the cost of returning the Product if, due to its nature, it could not be returned by standard postal means.
  • The Consumer is only liable for the diminished value of the Product resulting from handling it in a way other than necessary to establish the nature, characteristics, and functioning of the Product.
  1. If, due to the nature of the Product, it cannot be returned by standard postal means, information about this, as well as the cost of returning the Product, will be provided in the Product description in the Store.
  2. The right to withdraw from a Distance Agreement does not apply to the Consumer in relation to agreements:
  • where the subject of the service is a non-prefabricated item, produced according to the Consumer's specifications or serving to satisfy their individualized needs,
  • where the subject of the service is an item delivered in a sealed package that, after opening, cannot be returned for health protection or hygiene reasons if the package was opened after delivery,
  • where the subject of the service is an item that is perishable or has a short shelf life,
  • for the provision of services if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the performance began that, upon completion of the service by the Seller, they would lose the right to withdraw from the Agreement,
  • where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the end of the withdrawal period,
  • where the subject of the service consists of items that, after delivery, are inseparably connected with other items due to their nature,
  • where the subject of the service consists of alcoholic beverages whose price was agreed upon at the time of conclusion of the sales contract and whose delivery can only take place after 30 days, and whose value depends on market fluctuations beyond the Seller's control,
  • where the subject of the service consists of audio or visual recordings or computer software delivered in sealed packaging if the packaging has been opened after delivery,
  • for the delivery of newspapers, periodicals, or magazines, except for subscription agreements,
  • for the delivery of digital content not recorded on a tangible medium if the performance of the service began with the express consent of the Consumer before the withdrawal period expired and after the Seller informed them of the loss of the right to withdraw from the Agreement.

 

§ 11
Complaints and Warranty

  1. The Sales Agreement covers new Products.
  2. In the event of a defect in the goods purchased from the Seller, the Customer has the right to file a complaint based on the warranty provisions in the Civil Code.
  3. Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Terms and Conditions.
  4. It is recommended that the complaint include a concise description of the defect, the circumstances (including the date) of its occurrence, the Customer's details, and the Customer’s request regarding the defect of the goods.
  5. The Seller will respond to the complaint promptly, no later than within 14 days, and if the Seller does not respond within this period, it is considered that the Customer's request was justified.
  6. Goods returned as part of the complaint procedure should be sent to the address provided in § 3 of these Terms and Conditions.

§ 12
Personal Data in the Online Store

  1. The administrator of the personal data of Customers collected via the online Store is the Seller.
  2. The personal data of Customers collected by the administrator via the online Store is collected for the purpose of fulfilling the Sales Agreement, and if the Customer consents, also for marketing purposes.
  3. The recipients of the personal data of the online Store Customers may include:
  • In the case of a Customer who uses postal or courier delivery, the Administrator provides the collected personal data to the selected carrier or intermediary performing the shipments on behalf of the Administrator.
  • In the case of a Customer who uses electronic or credit card payments, the Administrator provides the collected personal data to the selected entity handling these payments in the online Store.
  1. The Customer has the right to access and correct their data.
  2. Providing personal data is voluntary; however, failure to provide the personal data required by the Terms and Conditions necessary for concluding the Sales Agreement results in the inability to conclude the agreement.

 

§ 13
Final Provisions

  1. Agreements concluded through the online Store are made in the Polish language.
  2. The Seller reserves the right to amend the Terms and Conditions for valid reasons, including: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any changes at least 7 days in advance.
  3. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Consumer Rights Act; and the Personal Data Protection Act.