Terms & Conditions

The conclusion of the contract between the Buyer and the Seller can be done in two ways. Before placing an order, the Buyer has the right to negotiate any terms of the agreement with the Seller, including any amendments to the provisions of these terms and conditions. Such negotiations should be conducted in writing and sent to the address of the Seller (O MATKO! Pracownia Graficzna Katarzyna Łozicka-Matkowska, ul.Kosmonautów 42c/9, 44-113 Gliwice). If the Buyer renounces the possibility to conclude a contract through individual negotiations, the following rules and regulations and relevant provisions of law shall apply. REGULATIONS §1 Definitions Personal Data Administrator: O MATKO! Pracownia Graficzna Katarzyna Łozicka-Matkowska ul.Kosmonautów 42c/9 44-113 Gliwice NIP 969 146 56 33 REGON: 243251610 Postal address - name and surname or name of institution, location in locality (in case of locality divided into streets: street, number of building, number of flat or locality; in case of locality not divided into streets: name of locality and number of property), postal code and local number Address of complaint: O MATKO! Katarzyna Łozicka-Matkowska Studio Graficzne Ul.Kosmonautów 42c/9 44-113 Gliwice Delivery price list - a list of available types of delivery and their costs, which can be found at https://sthc.pl/en_GB/i/Shipping/28. Contact details: O MATKO! Katarzyna Łozicka-Matkowska Studio Graficzne ul.Kosmonautów 42c/9 44-113 Gliwice e-mail: info@sthc.pl phone: 606490466 Personal data - any information relating to an identified or identifiable natural person. Information is not considered to identify a person if it would require excessive cost, time or effort. Sensitive data - these are personal data containing information on racial or ethnic origin, political opinions, religious or philosophical beliefs, religious, party or trade union membership, as well as data on health, genetic code, addictions, sex life, convictions, judgments on penalties and criminal fines, as well as other decisions made in judicial or administrative proceedings. Delivery - a type of transport service including the definition of the carrier and the cost listed in the price list of the delivery located at https://sthc.studio/page/shipping Proof of purchase - invoice, bill or receipt issued in accordance with the Value Added Tax Act of 11 March 2004 as amended and other relevant provisions of law. Product card - a single subpage of the shop containing information about a single product. Customer - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase at the Seller's directly related to its business or professional activity. Civil Code - the Civil Code Act of 23 April 1964 as amended. Code of Good Practice - a set of rules of conduct, in particular the ethical and professional standards referred to in article 2 item 5 of the Act on Counteracting Unfair Competition. 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007 as amended. Consumer - an adult individual with full legal capacity, making a purchase from the Seller not directly related to his/her business or professional activity. Basket - a list of products made from the products offered in the shop on the basis of the Buyer's choices. Buyer - both a Consumer and a Client. Place of delivery - postal address or collection point indicated in the order by the Buyer. Time of delivery - the moment at which the Buyer or a third party indicated by him to collect the goods takes possession of the goods. ODR online platform - an EU online service operating on the basis of the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC and available at https://webgate.ec.europa.eu/odr. Payment - the method of making payment for the subject of the contract and delivery listed at Entity entitled - an entity entitled to out-of-court resolution of consumer disputes within the meaning of the Act on out-of-court resolution of consumer disputes of 23 September 2016, as amended. Privacy Policy - the principles of processing of the Buyers' personal data by the Data Administrator, the Buyers' rights and the Data Administrator's obligations, which can be found at: https://sthc.studio/page/privacy Consumer Law - the Consumer Rights Act of 30 May 2014. Product - the minimum and indivisible quantity of things that can be the subject of an order, which is given in the Seller's shop as a unit of measurement when determining its price (price/unit). Subject of the contract - the products and the supply being the subject of the contract. Object of performance - the subject of the contract. Pick-up point - the place of delivery of items that is not a postal address, listed in the list made available by the Seller in the shop. UOKiK register - a register of authorised entities maintained by the Office of Competition and Consumer Protection pursuant to the Act on out-of-court resolution of consumer disputes of 23 September 2016, as amended, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC Thing - a movable item that can be or is the subject of a contract. Shop - the website available at sthc.pl, through which the Buyer can place an order. Seller: O MATKO! Katarzyna Łozicka-Matkowska Studio Graficzne Ul.Kosmonautów 42c/9 44-113 Gliwice NIP 969 146 56 33 REGON:243251610 registered and in the CEIDG register at the address: PAYMENT 8.1 The Seller provides the following payment methods: 8.1.1. Online payments. The entity providing online payment service is Blue Media S.A. Available forms of payment: Payment cards: * Visa * Visa Electron * Mastercard * MasterCard Electronic * Maestro". In the event that it is necessary to refund the funds for the transaction made by the customer with a payment card, the seller will make the refund to the bank account assigned to the payment card of the Purchaser. 8.1.2 By bank transfer. Bank account number: Bank PKO BP 45 1020 2401 0000 0302 0397 4276 O Matko! Pracownia Graficzna Katarzyna Łozicka-Matkowska ul. Kosmonautów 42c/9 44-113 Gliwice 8.1.3 Online payments. The entity providing online payment services is PayPal. In case of the need to return the funds for the transaction made by the customer through PayPal service, the seller will make the return in the same way as the consumer (through PayPal service). 8.2 Order processing time is counted from the moment of obtaining a positive authorization of payment. Failure to receive payment to the bank account or intermediary entities (Blue Media S.A. or PayPal service) within 7 days of ordering, will result in cancellation of the order. In this situation, the customer can place the order again. Shipment takes place within the period specified on the product card, and for orders made up of several products within the longest period of time specified on the product cards. The time limit starts when the order is processed. §4 Right of withdrawal Pursuant to Art. 27 of the Consumer Law, a consumer has the right to withdraw from a remote agreement, without giving any reason and without incurring costs, except for the costs referred to in Art. 33, Art. 34 of the Consumer Law. The deadline for withdrawal from the remote agreement is 14 days from the moment of issue of the item, and to meet the deadline it is sufficient to send a statement before its expiry. The statement of withdrawal may be submitted by the Consumer on the form, a specimen of which is attached as Annex No. 2 to the Consumer Law, on the form available at https://cdn.shoplo.com/34936878/files/formularz-zwrotu-1.pdf or in another form in accordance with the Consumer Law. The Seller shall immediately confirm to the Consumer by e-mail (provided at the conclusion of the contract and another if it has been provided in the submitted statement) the receipt of the statement of withdrawal from the contract. In the case of withdrawal from the contract, the contract is considered as not concluded. The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the date of withdrawal. To meet the deadline is sufficient to send back the item before its expiry. The consumer sends back the items being the subject of the agreement from which he has withdrawn at his own expense. The consumer shall not bear the cost of delivery of digital content which is not recorded on a tangible medium if the consumer has not consented to the performance before the expiry of the withdrawal period or has not been informed about the loss of his right of withdrawal when giving such consent, or the trader has not provided confirmation in accordance with Article 15 (1) and Article 21 (1) of the Consumer Law. The consumer shall be liable for any diminution in the value of the thing which is the subject of the contract and which results from using it in a manner which goes beyond what is necessary to ascertain the nature, characteristics and functioning of the thing. The Seller shall immediately, no later than within 14 days from the date of receipt of the notice of withdrawal from the contract filed by the Consumer return to the Consumer all payments made by him, including the costs of delivery of the item to the Consumer, and if the Consumer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not reimburse additional costs to the Consumer in accordance with Article 33 of Consumer Law. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has explicitly agreed to a different method of payment that does not involve any costs to him. The Seller may withhold the return of the payment received from the Consumer until he receives the item back or the Consumer provides evidence of having sent it back, whichever event occurs first. The Consumer in accordance with Article 38 of the Consumer Law has no right to withdraw from the contract: in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal; in which the subject of the performance is a non-reproduced item, produced according to consumer specifications or serving to meet his individual needs; in which the object of the supply is a perishable item or an item with a short shelf life; in which the subject matter of the performance is a thing delivered in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery; in which the subject matter of the performance are things which after delivery, due to their nature, are inseparably connected with other things; where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging has been opened after delivery; for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the period for withdrawal and after the trader has informed the consumer of the loss of the right of withdrawal; for the supply of newspapers, periodicals or magazines with the exception of subscription contracts. §5 Warranty On the basis of Article 558§1 of the Civil Code, the Seller completely disclaims liability to the Consumer for physical and legal defects (warranty). The Seller shall be liable to the Consumer under the terms of Article 556 of the Civil Code and subsequent articles for defects (warranty). In the case of a contract with a Consumer, if a physical defect is found before the lapse of a year from the moment of issuing the thing, it is assumed that the defect existed at the moment of passing the danger to the Consumer. If the sold thing has a defect, the Consumer can: make a declaration to request a price reduction; make a statement on withdrawal from the contract; unless the Seller immediately and without excessive inconvenience to the Consumer will replace the defective thing for free from defects or remove the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has failed to satisfy the obligation to replace the item with a defect-free item or remove the defect, the Consumer does not have the right to replace the item or remove the defect. Instead of the removal of defects proposed by the Seller, the Consumer may request replacement of the item for one free from defects or instead of the replacement of the item demand the removal of the defect, unless bringing the item to conformity with the agreement in the way chosen by the Consumer is impossible or would require excessive costs compared to the way proposed by the Seller, while assessing the excessive costs, the value of the item free from defects, type and importance of the defect found, as well as taking into account the inconvenience to which the Consumer would be exposed by another way of satisfaction. The consumer may not withdraw from the contract if the defect is insignificant. If the sold thing has a defect, the consumer can also: demand to replace the thing with a defect-free one; demand to remove the defect. Seller is obliged to replace the defective thing to free from defects or remove the defect in a reasonable time without undue inconvenience to the Consumer. The Seller may refuse to satisfy the Consumer's request if bringing the defective thing to conformity with the agreement in the way selected by the Consumer is impossible or in comparison with the other possible way of bringing the defective thing to conformity with the agreement would require excessive costs. In the event that the defective item has been installed, the Consumer may request the Seller to dismantle and reassemble it after the replacement with a defect-free item or removal of the defect, but shall bear part of the related costs exceeding the price of the sold thing or may request the Seller to pay part of the costs of dismantling and reassembly, up to the amount of the price of the sold thing. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to perform these actions at the expense and risk of the Seller. The Consumer who exercises rights under the warranty, is obliged at the expense of the Seller to deliver the defective item to the complaint address, and if due to the nature of the item or the way it is installed the delivery of the item by the Consumer would be too difficult, the Consumer is obliged to make the item available to the Seller at the place where the item is located. In the event of non-performance of this obligation by the Seller, the Consumer is entitled to return the item at the expense and risk of the Seller. The cost of replacement or repair shall be borne by the Seller, except for the situation described in §5 point 10. Seller is obliged to accept from the Consumer the defective item in case of replacing the item with a defect-free one or withdraw from the agreement. The Seller within fourteen days shall respond to based on Article. 5615 of the Civil Code: statement of request to reduce the price, request to replace the item to be free from defects, request to remove the defect. Seller within thirty days (Article 7a of the Consumer Law) shall respond to any other statement of the Consumer, which does not apply to the deadline of fourteen days specified in the Civil Code. Otherwise it shall be deemed that he considered the Consumer's statement or demand as justified. Seller is liable under warranty if the physical defect is found before the expiry of two years from the moment of delivery of the thing to the Consumer, and if the object of sale is a used thing before the expiry of a year from the moment of delivery of the thing to the Consumer. Consumer's claim to remove the defect or to replace the sold item with a defect-free one is time-barred with the lapse of a year, counting from the date of finding the defect but not earlier than the lapse of two years from the moment of the release of the thing to the Consumer, and if the subject of the sale is a used thing before the lapse of a year from the moment of the release of the thing to the Consumer. In the event that the term specified by the Seller or the manufacturer of the item for use ends after the expiry of two years from the moment of release of the item to the Consumer, the Seller shall be liable under the warranty for physical defects of the item identified before the expiry of this period. Within the time limits specified in § 5 points 15-17 the Consumer may submit a statement of withdrawal from the contract or reduction in price due to a physical defect of the sold thing, and if the Consumer has requested replacement of the thing to be free from defects or removal of defects, the course of the deadline for submission of a statement of withdrawal from the contract or reduction in price begins upon ineffective expiry of the deadline for replacement of the thing or removal of defects. If one of the rights under the warranty is pursued before a court or arbitration court, the time limit for exercising other rights, to which the Consumer is entitled under this title, shall be suspended until the proceedings are finally concluded. Accordingly, shall also apply to mediation proceedings, whereby the time limit for the exercise of other rights under the warranty to which the Consumer is entitled starts running from the date of refusal by the court to approve the settlement reached before the mediator or ineffective termination of mediation. For the exercise of rights under the warranty for legal defects of the sold thing §5 points 15-16 shall apply, except that the period shall begin from the date on which the Consumer became aware of the existence of the defect, and if the Consumer learned of the existence of the defect only as a result of action by a third party - from the date on which the judgment issued in the dispute with the third party became final. If due to a defect in the item the Consumer made a statement on withdrawal from the agreement or reduction in the price, he/she may demand compensation for the damage he/she incurred due to the fact that he/she concluded the agreement without knowing about the defect, even if the damage was caused by circumstances for which the Seller is not responsible, and in particular he/she may demand reimbursement of costs of conclusion of the agreement, costs of collection, transport, storage and insurance of the item, reimbursement of outlays made to the extent that he/she did not benefit from them and did not receive their reimbursement from a third party and reimbursement of legal costs. This shall be without prejudice to the provisions on the obligation to compensate for damage under the general rules. The expiry of any period for ascertaining the defect shall not exclude the exercise of rights under the warranty if the Seller has maliciously concealed the defect. Insofar as the Seller is obliged to provide performance or financial services to the Consumer, he shall perform them without undue delay, no later than within the period provided for by law. §6 Privacy policy and personal data security The Personal Data Administrator is responsible for lawful processing of personal data and the rules of collecting, processing and storing personal data, as well as the Buyer's rights related to his personal data. The Personal Data Administrator processes the Buyers' personal data on the basis of consent and in connection with the legally justified interests of the Seller. The Personal Data Administrator collects and processes personal data only to the extent that is justified by contractual or legal obligation. The Buyer's consent to the processing of personal data is voluntary, and consent to the processing of data for a specific purpose may be withdrawn at any time. The following personal data are collected for the purpose of processing the Buyer's order: postal address - necessary to issue a proof of purchase; place of delivery - necessary for addressing the shipment; e-mail - necessary for the communication related to the processing of the order; telephone number - necessary in the case of choosing certain types of delivery Detailed solutions for the protection of personal data related to placing an order, but also to the use of the shop before and after placing the order are included in the privacy policy. §7 Final provisions None of the provisions of these Regulations is intended to violate the Buyer's rights. It cannot be also interpreted in such a way, because in case of any part of these terms and conditions' incompatibility with applicable law, the Seller declares his unconditional obedience and application of this law in place of questioned provision of the terms and conditions. Registered buyers will be notified about changes to the regulations and their scope by electronic means (to the e-mail indicated during registration or ordering). The notice will be sent at least 30 days before the new regulations come into force. Changes will be made in order to adapt the regulations to the current legal status. The current version of the regulations is always available to the Buyer in the bookmark regulations (https://sthc.pl/en_GB/i/Terms-Conditions/29). During the execution of the order and throughout the period of after-sales care, the Buyer is bound by the regulations accepted by him when placing the order. Except for a situation when the Consumer finds it less favourable than the current one and informs the Seller about choosing the current one as binding. In matters not regulated by these terms and conditions, the relevant applicable legal regulations shall apply. Any disputable issues, if the Consumer so wishes, shall be resolved by way of mediation proceedings before Provincial Inspectorates of Trade Inspection or proceedings before an arbitration court at the Provincial Inspectorate of Trade Inspection. The consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, e.g. via the ODR EU online platform or by choosing any of the entities authorized from among those listed in the register of the Office of Competition and Consumer Protection. The Seller declares his intention and consents to out-of-court settlement of a consumer dispute. As a last resort, the case will be resolved by a court with local and material jurisdiction. Version 14.3 (Gliwice, 30 March 2020)

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