Terms and Conditions
§ 1 Governing law
1. Entering into this contract, the parties hereby agree that Polish law shall be the governing law for this contract, including for the settlement of any possible disputes resulting herefrom (pursuant to art. 3 and art. 6 clause 2 of the Regulation (EC) no. 593/2008 of the European Parliament and of the Council of 17th June 2008 on the Law Applicable to Contractual Obligations (Rome I)).
2. The only court competent for settlement of any possible disputes shall be the court of first instance with jurisdiction over the Seller’s registered seat (Łódź (Lodz), Poland).
§ 2 Definitions and information on the Seller
1. Seller- Agata Tkaczyńska- Turbińska, running a business activity with the business name TKACZYŃSKA STUDIO, seated in Łódź (Lodz) (ul. Kutrzeby 8/28, Łódź, Poland), Tax identification number /NIP/7262319657, Business statistical number /REGON/ 384325055, e-mail address tkaczynskastudio@gmail.com, phone no. +48 731373197
2. Seller’s address – the address at which the Seller runs business activity, (ul. Kutrzeby 8/28, 91-016 Łódź, Poland). The address should be used for:
- sending back of purchased Works in the case when the Consumer decides to use the option of withdrawal from a remote contract, along with the declaration on withdrawal from the contract unless the Consumer decides to send such a declaration via e-mail;
- sending back of Works, if the Buyer decides to exercise their warranty rights.
3. Seller’s e-mail address – the address to which all e-mail correspondence on any matters related to sales of the Works offered by the Seller may be sent.
a) In particular, the following documents may be sent to the aforementioned address:
- declaration on withdrawal from the contract in the case the Consumer decides to provide the declaration in this form;
- a relevant declaration in the case the Buyer exercises their warranty rights.
b) An e-mail is the option of communication preferred by the Seller since the Seller, due to the nature of its business operation, is not always able to answer the phone.
4. Shop – an online shop TkaczynskaStudio operating on the e-commerce website Etsy, through which the Buyer may make purchases from the Seller.
5. Buyer- any entity making purchases in the Shop.
6. Consumer – pursuant to art. 22¹ of the Polish Civil Code - any natural person performing a legal act with the entrepreneur which is not directly related to their business or professional activity. In all contracts made by the Seller with the Buyer who is a Consumer the following regulations shall apply: the provisions of the Polish Law of 30th May 2004 on Consumer Rights providing for, in particular, the right to withdraw from a remote contract and the REGULATION (EC) NO. 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17th June 2008 on the Law Applicable to Contractual Obligations (Rome I).
7. Works – original design handmade jewellery offered for sale by the Seller in the Shop, available in single specimens or limited series, in compliance with the description provided on the websites presenting particular Works.
8. Customized Works – jewellery made according to the Buyer’s preferences, particularly as regards the shape, size and colour and made based on an individual design taking into account such preferences.
9. Order – a declaration confirming the Buyer’s intent to enter into a contract concerning remote sales of the Works via the Shop and specifying at least the type and quantity of the Works.
§ 3 General provisions
1. The Terms and Conditions stipulate the principles for concluding and performing contracts relating to sales of the Works offered in the Shop and the rules of using the Shop.
2. Before making any purchase in the Shop, the Buyer is required to read the Terms and Conditions and accept them.
3. The object of sales are the Works presented in the Shop at the time an order is placed. Each Work is described in detail, and the enclosed photos present the Work being the object of the offer. Colours presented in the photos may slightly differ from the original Work, depending on the Buyer’s monitor settings.
4. The Seller declares that the Works presented in the Shop are handmade jewellery handcrafted by the Seller, according to her original design, and the jewellery is available in single specimens or short series in compliance with the description provided on the websites presenting particular Works.
5. The Seller declares that all the Works have been placed on the market in compliance with the applicable regulations.
6. The Seller declares that the offered Works are new, free from any physical and legal defects.
7. The Seller informs Consumers that the Seller, as an entrepreneur, is obliged to deliver goods without any defects (which constitutes fulfillment of the obligation provided for in art. 12 clause 1 point 13 of the Polish Law of 30th May 2004 on Consumer Rights).
8. Placing a specific Work in the Shop by the Seller constitutes an offer within the meaning of the Polish Civil Code.
9. Prices presented in the Shop are given in euro, and subsequently they are converted by the e-commerce website Etsy into the currency indicated by the Buyer.
In the case of sales to European Union countries, the prices include value-added tax. Descriptions of specific Works also include full delivery costs of a given Work.
In the case of sales to countries outside the European Union, the prices do not include taxes, custom duties, and other similar fees that the Buyer is obliged to pay under the law applicable in the country to which the Work is to be delivered. Shipment to countries outside the European Union is free.
10. The Seller reserves the right to change the prices of the Works, introduce and remove Works, offer discounts for particular Works, as well as announce and cancel promotions in the Shop. It shall not apply to orders placed before such changes are made.
11. Placing an order with the Shop shall result in the Buyer’s obligation to pay the price and costs of delivery specified for a Work delivery method chosen by the Buyer.
12. There is an option of ordering from the Seller customized work. In such a case, all elements of the contract are agreed on individually.
a) The Work is made based on a concluded contract for a specific work within the meaning of the Polish Civil Code.
b) The Buyer shall not have the right to withdraw from the contract in the case of a customized Work. Such a Work constitutes a non-prefabricated Work, produced according to the Consumer’s specifications or aimed at satisfying their individual needs within the meaning of art. 38 point 3 of the Polish Law of 30th May 2014 on Consumer Rights which stipulates that the Consumer does not have the right to withdraw from a contract in the case of a contract whose object is an item having the aforementioned qualities.
§ 4 Concluding and performing the contract
1. The Seller’s Works shall be purchased via the Shop TkaczynskaStudio operating on the e-commerce website Etsy via which the Buyer may make purchases from the Seller, and placing an order is tantamount to the obligation to make the payment.
a) In order to place an order, the Buyer has to add a selected Work or Works to the basket, and then proceed to the module “Basket”.
b) In the tag “Message for the Seller” the Buyer should include any additional details on the Order, particularly information on choosing a VAT invoice instead of a receipt.
c) Next, the Buyer should follow further instructions provided on the e-commerce website Etsy.
d) Following an order placement, the Buyer shall receive an e-mail confirmation.
e) An Order may be canceled or modified by the Buyer before it is sent. This option shall not apply to any customized Work. In order to cancel or modify an Order, the Buyer should contact the Seller via Etsy message. It does not breach the Buyer’s right to withdraw from the remote contract.
2. The Buyer shall make the payment via the e-commerce website Etsy.
3. Due date of payment:
a) Payment for the purchased Works shall be made within 3 days.
b) If the payment is not made within the said time limit, the Seller shall have the right to withdraw from the sale contract (the right to withdraw from the sale contract in such a case is reserved if an obligation is not met within the strictly defined time limit, i.e. pursuant to art. 492 of the Polish Civil Code, the Seller may in the case of delay on the part of the other Party withdraw from the contract without setting any additional due date).
4. Purchased Works shall be sent on the date indicated on the item page.
5. Each Work is packed in a decorative box.
6. Delivery:
a) The Works purchased in the Shop shall be delivered via carriers indicated in a specific offer description and as requested by the Buyer.
7. The Seller shall issue a receipt or a VAT invoice, as requested by the Buyer, and it shall be sent together with the Work.
8. Upon the receipt of the parcel, the Buyer should satisfy the obligations under art. 545 § 2 of the Polish Civil Code which provide for the following:
a) the Buyer is obliged to examine the parcel at the time and in the manner customary for parcels of this type;
b) if the Buyer identifies any defect or damage of the item that occurred during transport, they are obliged to take all actions necessary for establishing the carrier’s liability.
§ 5 The right to withdraw from the contract
1. The Buyer as the Consumer who made a purchase in the Shop may, within 14 days, withdraw from the contract without giving any reasons or incurring any costs, except for the costs specified in §5, point 5 b) and point 8.
a) The Buyer shall not have the right to withdraw from the contract in the case of a purchase of a customized Work since such work constitutes a non-prefabricated item made according to the Customer’s specifications or designed to satisfy the Customer’s individual needs within the meaning of art. 38 point 3 of the Polish Law of 30th May 2014 r. on Consumer Rights which stipulates that the Consumer does not have the right to withdraw from a contract whose object is an item with the said qualities.
2. The time for withdrawal from a contract shall begin to run from the moment the Consumer or a third party indicated by them, other than the carrier, enters into possession of the Work.
3. The Consumer may withdraw from the contract by providing the Seller with a declaration of withdrawal from the contract.
a) In order to observe the time limit, it is enough to send the declaration before the time limit elapses.
b) The declaration may be made:
- on a form - a template of the form is provided below, and its copy shall be enclosed to the purchased Work or
- by sending any other explicit declaration
c) The declaration may be sent:
- separately or enclosed to the returned Work which the declaration refers to
- via e-mail using the template of the form (withdrawal from the contract) provided below or any other explicit declaration by sending it to the Seller’s e-mail address.
d) If the declaration of withdrawal from the contract is sent via electronic mail, the Seller shall immediately send the confirmation of its receipt to the Consumer.
4. In the case of a withdrawal from a remote contract, such a contract shall be considered as non-concluded.
5. Return of the Work:
a) The Consumer shall be obliged to return the Work to the Seller’s address immediately, however, not later than within 14 days following the day on which they withdrew from the contract.
b) Pursuant to art. 34 clause 2 of the Polish Law of 30th May 2014 on Consumer Rights, all the costs of returning the Work to the Seller’s address shall be incurred by the Consumer.
c) In order to keep the time limit, it is enough to send back the Work before the time limit elapses.
d) The Work should be returned including the decorative box in which it was originally packed.
e) Whenever possible, a receipt or VAT invoice should be enclosed together with the Work.
6. Return of the payment:
a) The Seller shall return to the Consumer all payments made by them, including the costs of delivering the items to the Consumer, with the exceptions specified in § 5, point 5 b) and 8 of these Terms and Conditions.
b) The Seller represents that the payment shall be returned within 14 days after the Work is received back.
7. The Seller shall return the payment using the same method of payment as had been used by the Consumer unless the Consumer explicitly agreed to other form of the payment return which does not result in any costs on the part of the Consumer.
8. If the Consumer chose a way of the Work delivery other than the least expensive one offered by the Seller, the Seller shall not be obliged to reimburse any additional costs incurred by the Consumer (art. 33 of the Polish Law of 30th May 2014 on Consumer Rights).
9. The Consumer shall be liable for any decrease in the value of the item resulting from its being used in a way exceeding actions necessary to determine if the product is satisfying to the consumer (in a way necessary to determine nature, qualities and functioning of the product)
10. WITHDRAWAL FROM THE CONTRACT – FORM TEMPLATE
(The form has to be filled in and sent back only if the Buyer decides to withdraw from the contract)
– Addressee: Agata Tkaczyńska- Turbińska, ul.Kutrzeby 8/28, 91-016 Łódź, e-mail address tkaczynskastudio@gmail.com
– I hereby make my declaration of withdrawal from the sale contract with regard to the following items...................................................................................................... (the purchased Works have to be sent back in the decorative box in which they were originally packed).
– Date of concluding the contract............................, Date of parcel receipt.......................................
– Full name of the Consumer …....................................................
– Address of the Consumer …....................................................................
– Signature of the Consumer …..........................................................
(only if the paper version of the form is sent)
– Date …...............................................
§ 6 Complaint – warranty rights:
1. The Seller shall be liable towards the Buyer if the sold item has defects (warranty). The Seller’s liability under the warranty is governed by the provisions of the Polish Civil Code and the Polish Law of 30th May 2014 on Consumer Rights.
2. The Seller shall be released from any liability under warranty if the Buyer was aware of the defect when concluding the contract.
3. The Seller shall be liable under warranty for physical defects which already existed when risk was transferred onto the Buyer or which resulted from a cause present in the sold item at the same moment. Any changes to the Work made by the Buyer themselves (e.g. with regard to the size of a ring), may result in losing their warranty rights.
4. Buyer’s rights:
(I) Price reduction or withdrawal from the contract:
a) If the sold item has a defect, the Buyer may make a request for a price reduction or make a declaration on withdrawal from the contract unless the Seller, immediately and without any great inconvenience for the Buyer, replaces the faulty item with an item free of any defects or eliminates the defect.
b) The above shall not apply if the item had been replaced or repaired by the Seller before or if the Seller failed to meet the obligation to replace the item with an item free of defects or to remove the defect.
c) If the Buyer is a Consumer, instead of the option of removing the defect proposed by the Seller, they may demand that the product is replaced with an item free of defects or, instead of a replacement, demand that the defect is removed, unless making the item comply with the provisions of the contract in the way chosen by the Buyer is impossible or requires excessive costs as compared to the way proposed by the Seller. When estimating possible excessive costs, the following aspects are considered: the value of the item free of defects, type and significance of the identified defect as well as inconvenience the Buyer would be exposed to in the case of other way of claim satisfaction.
d) The reduced price should remain in the same proportion to the contract price as the value of the faulty item to the value of the item without any defects.
e)) The Buyer may not withdraw from the contract if the defect is insignificant.
(II) Replacement with an item free of any defects or removal of the defect:
a) If the sold item has a defect, the Buyer may demand that it is replaced with another item free of defects or that the defect is removed.
b) The Seller shall be obliged to replace the faulty item with another one free of any defects or remove the defect within a reasonable time limit without any considerable inconvenience for the Buyer.
c) The Seller may refuse to satisfy the Buyer’s demand if making the faulty item comply with the contract in a way required by the Buyer is impossible or, as compared to another way of making it compliant with the contract, would produce excessive costs. If the Buyer is an Entrepreneur, the Seller may refuse to replace the item with an item free of defects or to remove the defect if the costs of meeting this obligation exceed the price of the sold item.
5. Procedure in the case of identifying a defect:
a) In the case of identifying any defect of the Work purchased in the Shop, the Buyer shall be obliged to notify the Seller about the defect via e-mail sent to the Seller’s address.
b) In their notification the Buyer should describe the defect in detail, provide the date of purchase and specify their demand.
c) In response the Buyer shall receive information on returning to the Seller’s address the Work which the complaint refers to.
d) Any differences in colour resulting from individual settings of the Buyer’s computer monitor shall not give grounds for making any complaint.
6. The Buyer shall cover the delivery costs of the Work subject to the complaint (the Seller shall not accept any cash-on-delivery parcels). The costs of returning the Work subject to the complaint shall be reimbursed by the Seller immediately after the receipt of the parcel and admitting the complaint.
7. The Seller shall address the Client’s demand within 14 days following a notice on the complaint and returning the Work.
8. If the Buyer being a Consumer demanded that the product be replaced or the defect be removed or they submitted a request for price reduction specifying the amount by which it should be reduced, and the Seller did not address the claim within 14 days, it is deemed that the Seller admitted the complaint.
9. The Seller shall be obliged to respond to the Consumer’s complaint within 30 days following the receipt thereof.
a) If the Seller does not respond to the complaint within the said time limit, it is deemed that the Seller admitted the complaint.
b) The Seller’s response to the Consumer’s complaint shall be provided in written form or via other durable data carrier.
10. In the case of accepting the complaint as justified, the Seller shall incur the costs of replacement or repair of the Work.
11. In the case of the Buyer’s withdrawal from the contract or demand of price reduction, the Seller shall return a relevant amount to the Buyer’s bank account.
12. Buyer not being a Consumer
a) In the case of sales made between entrepreneurs, the Buyer loses their warranty rights if they did not examine the Work in the time and manner customary for this type of products and did not notify the Seller about a defect immediately; in the case the defect was identified only later, if they did not notify the Seller about the defect immediately after it was found. In order to observe the time limit, it is enough to send notification on the defect before the time limit elapses.
b) The Buyer shall not lose their warranty rights with regard to physical defects of items even if time limits for examining items are not observed by the Buyer or if the Buyer failed to notify the Seller about the defect, if the Seller knew about the defect or assured the Buyer that the defects did not exist.
13. The Seller shall be liable under warranty if a physical defect is identified sooner than two years after the delivery of the product to the Buyer.
14. The limitation period for a claim for removal of the defect or replacement of the Work with a product free of defects shall expire after a year from the day on which the defect was identified. If the Buyer is a Consumer, the limitation period may not end before the time limit specified in art. 13 elapses.
15. Within the time limits specified in point 14, the Buyer may submit a declaration on withdrawal from the contract or a request for price reduction due to a defect of the sold Work. If the Buyer demanded a replacement of the Work with a product free of defects or removal of the defect, the time limit for submitting a declaration on withdrawal from the contract or a request for a price reduction shall begin to run upon the elapse of the time limit for replacement of the Work or removal of the defect.
§ 7 PRIVACY POLICY – personal data protection
1. Personal data of Buyers are subject to protection in compliance with mandatory provisions of law, including REGULATION (EC) NO. 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27th April 2016 on protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing the Directive 95/46/EC (General Data Protection Regulation ), hereinafter referred to as GDPR, which has been in force since 25th May 2018.
2. Personal data of the Buyer is obtained in the course of placing an order with the Shop by the Buyer, to the extent necessary for execution of the order. The data is provided to the Seller via the e-commerce website Etsy within the scope and in the manner defined in the Seller’s terms and conditions.
3. The Controller of personal data file of Buyers is the Seller, Agata Tkaczyńska- Turbińska, running a business activity with the business name TKACZYŃSKA STUDIO, seated in Łódź (Lodz) (ul. Kutrzeby 8/28, Łódź, Poland), Tax identification number /NIP/7262319657, Business statistical number /REGON/ 384325055, e-mail address tkaczynskastudio@gmail.com, phone no. +48 731373197
4. Moreover, personal data of Buyers is stored, processed and protected in the Seller’s registered seat in compliance with the principles specified in the applicable provisions of law, except for data transferred to entities defined in § 7 point 8, within the scope defined therein.
5. Information on obtaining data
The processed personal data is provided to the Seller by the Buyers voluntarily in relation to making purchases on the Shop website via an account held with the e-commerce website Etsy.
6. Personal data being the first name, last name, residence address, correspondence address, e-mail address, phone number, possibly tax identification number /NIP/, is processed by the Seller who is the data Controller.
7. Purposes and legal basis for processing
Personal data of Buyers is processed:
a) pursuant to art. 6 clause 1 letter b) of GDPR, for the purpose of performance of a contract concluded with the Buyer, and possibly, for the purpose of taking appropriate steps at the request of the Buyer prior to entering into a contract,
b) pursuant to art. 6 clause 1 letter c) of GDPR for the purpose of compliance with the legal obligation the Seller is subject to, particularly the tax obligation,
c) pursuant to art. 6 clause 1 letter f) of GDPR, within the scope in which processing is necessary for the purposes of the legitimate interests pursued by the Seller, particularly pursuing possible claims by the Seller under a contract concluded with the Buyer.
8. Recipients of data
The Seller shall provide access to the Buyer’s personal data to other entities which process data under a contract concluded with the Seller within the scope and at the request of the Seller.
The Seller shall provide access to the Buyer’s personal data to the following entities or categories of entities:
a) an entity providing professional accounting services – under a contract concluded by the Seller for the purpose of compliance with the legal obligation the Seller is subject to, particularly the tax obligation
b) carriers - under a contract concluded by the Seller for the purpose of performance of a sale contract concluded with the Buyer
9. Data storage period
a) Personal data specified in § 7 point 7 a) shall be stored for a period necessary for performance of a contract, including a period enabling the Buyer to exercises their rights under the contract, i.e. the right to withdraw from the contract defined in § 5 as well as the warranty rights defined in § 6.
b) Personal data specified in § 7 point 7 b) shall be stored for an appropriate period resulting from mandatory provisions of law, particularly the tax law.
c) Personal data specified in § 7 point 7 c) shall be stored for a period necessary for the purposes of the legitimate interests pursued by the Seller, particularly for pursuing possible claims by the Seller under a contract concluded with the Buyer.
10. Rights of the data subject
The Buyer shall have:
(I) the right of access to their personal data and the right to receive copies thereof,
(II) the right to rectify their data,
(III) the right to data erasure (“the right to be forgotten”)
a) Pursuant to art. 17 of GDPR the Buyer has the right if:
- personal data is no longer necessary for purposes for which it was collected or otherwise processed,
- the data subject withdraws consent on which the processing is based and there is no other legal basis for the processing,
- the data subject objects to the processing referred to in § 7 point 7 letter c) (pursuant to art. 21 clause 1 of GDPR)- on grounds relating to their particular situation - and there are no compelling legitimate grounds for the processing or the data subject objects to the processing (pursuant to art. 21 clause 2 of GDPR) - if the data is processed for the purposes of direct marketing,
- the personal data has been unlawfully processed,
- the personal data has to be erased for compliance with a legal obligation provided for in the EU or Member State law to which the controller is subject,
- the personal data has been collected in relation to the offer of information society services referred to in Article 8(1) of GDPR, i.e. services offered directly to a child.
b) The Seller, however, is not obliged to erase the data within the scope in which the processing is necessary:
- for compliance with a legal obligation which requires processing pursuant to EU or Member State law to which the controller is subject;
- for establishing, pursuing or defending claims.
(IV) the right to restriction of data processing which means that such personal data may be processed, with the exception of storage, only under the data subject's consent or for the purpose of establishing, pursuing or defending claims or for the protection of the rights of another natural or legal person or due to important public interest of the EU or of a Member State.
- Data processing may be restricted in the following cases:
a) the accuracy of the personal data is contested by the data subject - for a period enabling the controller to verify the accuracy of the data;
b) the processing is unlawful and the data subject objects to the erasure of personal data instead requesting restriction of its use;
c) the controller no longer needs the personal data for the purpose of processing, but it is required by the data subject for the establishment, pursuance or defence of legal claims;
d) the data subject has objected to processing pursuant to Article 21(1) of GDPR as specified in § 7 point 7 letter c) - pending the verification whether the legitimate grounds of the controller override those of the data subject.
The data subject who has demanded restriction of processing shall be informed by the controller before the restriction of processing is lifted.
(V) the right to object to data processing,
a) The data subject shall have the right to object, on grounds relating to their particular situation, at any time to processing defined in § 7 point 7 letter c), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
b) Where personal data is processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of their personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.
c) Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
(VI) the right to data portability
a) The data subject shall have the right to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data has been provided, where:
- the processing is based on consent or on a contract
- the processing is carried out by automated means.
b) In exercising their right to data portability, the data subject shall enjoy the right to have the personal data transmitted directly from one controller to another, where technically feasible.
(VII) the right to lodge a complaint with a supervisory authority (the President of the Personal Data Protection Office)
(VIII) the right to withdraw consent to the processing of personal data
The Buyer shall have the right to withdraw their consent to data processing at any time; the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
11. The rights defined in § 7 point 10 may be exercised by contacting the Seller:
- address: Agata Tkaczyńska- Turbińska, ul. Kutrzeby 8/28, 91-016 Łódź,
- e-mail address tkaczynskastudio@gmail.com,
- phone number: +48 731373197
- the Shop’s account on the e-commerce website Etsy.
12. Providing personal data by the Buyer is a prerequisite for entering into a contract with the Seller via the Shop TkaczynskaStudio, operating on the e-commerce website Etsy. Providing personal data is voluntary, however, if the Buyer does not provide their personal data, the Shop shall not be able to process the Buyer’s order.
§ 8 Final provisions
1. In all matters not settled herein, the following shall apply: the provisions of the Polish Civil Code, the Polish Law of 30th May 2014 on Consumer Rights as well as the REGULATION (EC) NO. 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17th June 2008 on the Law Applicable to Contractual Obligations (Rome I).
2. The Seller reserves the right to make amendments to these Terms and Conditions for significant reasons, e.g. due to changes in the law. Each amendment in the Terms and Conditions shall be officially announced at least 30 days in advance and shall be binding only for orders placed after the amended version of the Terms and Conditions becomes effective.
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