Statute

Online store regulations
Kowacki

⭳ Downloadable Terms and Conditions (PDF)

  1. General provisions, contact with the store owner
    1. These regulations (hereinafter referred to as the " Regulations ") define the rules and conditions of using the Kowacki online store, operating at www https://d29db9-77.myshopify.com/
    2. The owner of the Store is Daniel Kowacki , an entrepreneur running a business under the name Daniel Kowacki Studio with its registered office at the following address: ul. Zbigniewa Herberta 5/73 Częstochowa 42-224 entered into the Central Register and Information on Business Activity, NIP: 9492264205 (hereinafter referred to as the " Seller ").
    3. The Seller's contact details are as follows:
      Contact address: ul. Zbigniewa Herberta 5/73 Częstochowa 42-224
      E-mail address: danielkowacki.studio@gmail.com
      Telephone number: 722252687 (telephone customer service hours – in the Contact tab).
  2. Technical requirements
    1. In order to use the Store, you must have:
      1. a computer or other device with an internet browser;
      2. access to the Internet;
      3. active e-mail address.
  3. Personal data
    1. The administrator of the personal data of the Store’s customers is the Seller.
    2. All information about the processing of personal data of customers and other persons using the Store's website can be read in the Privacy Policy .
  4. Conclusion of sales contract, customer account
    1. The Store enables the purchase of goods (hereinafter " Goods ") and digital content or digital services provided online (hereinafter " Digital Products "), displayed on the Store's website, in two modes:
      1. without registration;
      2. with creating an account in the Store.
      In both cases, in order to place an order, you must select the Goods and/or Digital Products in the Store, add them to the "Cart" using the appropriate button and continue the ordering procedure by selecting the appropriate options (delivery and payment method).
    2. Information about the goods in the Store, i.e. descriptions and prices, constitute an invitation to conclude a sales contract within the meaning of Art. 71 of the Civil Code, in accordance with the terms of the Regulations.
    3. The condition for placing an order is to fill in all the required data necessary for shipment in the order form and possibly (at the customer's request) also the data for generating a VAT invoice.
    4. If the customer decides to create an account in the Store (hereinafter " Account "), the registration is one-time, and the e-mail address and password chosen by the customer are the basis for subsequent logging in. The Store also allows logging in to the Account via social media and/or a user account in the Google system. After logging in to the Account, the customer has access to the history of their orders, and for subsequent orders they do not have to fill out the order form with their personal data again.
    5. The customer may cancel their account at any time without incurring any costs. To do this, send your cancellation to the following e-mail address: danielkowacki.studio@gmail.com.
    6. The customer's confirmation of the order by clicking the "Buy and pay" button (or another button with the same wording) means:
      1. submitting to the Seller an offer to purchase Goods and/or Digital Products in accordance with the options selected in the order and in accordance with these Regulations,
      2. acceptance of the obligation to pay the price of the Goods and/or Digital Products and the costs of their delivery.
    7. The conclusion of the sales contract and/or contract for the supply of digital content or digital services (hereinafter "Agreement" ) takes place at the moment of acceptance of the order by the Seller (acceptance of the customer's offer), about which the Seller informs via e-mail with the order confirmation.
    8. If it is not possible to fulfill the order of the Goods (in whole or in part), the Seller will inform the customer about this - then the Agreement is not concluded. The Seller will also inform the customer about the existing possibilities of another method of fulfilling the order, e.g. partial fulfillment of the order or waiting for the Seller to replenish the stock. If the order has been previously paid for by the customer and it is not possible to fulfill, the Seller will immediately return the payments made to the customer (according to the scope of the order cancellation).
    9. The Seller shall provide the customer with confirmation of the conclusion of the Agreement on a durable medium at the latest upon delivery of the Goods/Digital Product.
    10. The store is not responsible for non-delivery of the order or delay in its delivery resulting from the customer providing an incomplete/incorrect delivery address or failure to provide other data necessary to complete the order.
    11. The Seller reserves the right to suspend the order in a situation where the customer has provided false data or when such data raises reasonable doubts as to its correctness. In such a case, the Seller (if possible) will attempt to contact the customer to verify the truthfulness of the data provided.
  5. Prices and payment methods
    1. The prices of Goods and/or Digital Products are given in Polish zloty (PLN) and in gross amounts, i.e. including VAT.
    2. The cost of delivery of Goods is given separately in the Store basket, depending on the delivery method chosen by the customer. Digital Products are delivered electronically at no additional cost.
    3. The available payment methods are described on the Store website in the "Payment methods" tab and are presented to the customer at the ordering stage (in the shopping cart).
    4. Online payments in the Store are handled by the following payment provider:
      • STRIPES
      • TRANSFERS24
  6. Delivery of goods
    1. Delivery of Goods takes place according to the customer's choice:
      • via courier company
      • to InPost parcel lockers
    2. With the exception of Goods collected by the customer in person, the order is considered fulfilled at the moment of sending the shipment to the customer (entrusting the shipment to a carrier engaged in transport). The exact actual delivery date of the shipment is specified by the carrier.
    3. The goods are shipped by the Seller within 10 working days, unless a different time is clearly stated in the product description when the customer places the order. Detailed delivery times are provided on the Store's website in the "Order delivery time" tab.
    4. The Seller normally handles orders in the Republic of Poland for the costs indicated on the Store's website in the "Shipping time and costs" tab. Shipment abroad is possible for the costs indicated on the Store's website or costs individually agreed with the customer.
  7. Delivery of digital products
    1. The Agreement for the delivery of a Digital Product is fulfilled immediately (unless the Agreement states otherwise) electronically by sending the customer data enabling access to the purchased Product (download instructions or access data to the appropriate account) to the e-mail address provided by him/her
    2. Access to some Digital Products may require the creation of an account for the customer on a special platform used to share data in digital form. Such an account is created for the customer free of charge. The technical requirements for accessing such an account do not differ from the technical requirements for using the Store.
    3. The time (period) of access to the Digital Product (e.g. one year) is always indicated in the description of the Product when it is purchased by the customer.
    4. If access to the Digital Product is provided via a special platform, the customer is obliged to use it in a manner consistent with the law, in particular not to provide illegal content via the platform.
    5. The Customer is obliged to respect the copyrights of the Seller and/or other author of the Digital Products provided. Unless the Seller indicates otherwise, the customer is entitled to use the purchased Digital Products only for their own needs and in a manner consistent with the intended use resulting from the Agreement. The Customer is not entitled to any other distribution of the purchased digital content without the Seller's consent
    6. The Seller is not obligated to provide updates to the Digital Product, unless otherwise stated in its description and/or the Seller's statements posted in the Store and available to the customer at the time of purchase.
  8. Withdrawal from the contract
    1. A customer who is a consumer or an entrepreneur referred to in art. 7aa of the Consumer Rights Act (hereinafter referred to as the “ Privilege Entrepreneur ”) has the statutory right to withdraw from the contract of sale of the Goods within 14 days of its receipt, without giving any reason, subject to the exceptions referred to below.
    2. A Customer who is a consumer or a Privileged Entrepreneur has the right to withdraw from the Agreement for the delivery of a Digital Product (without giving any reason) within 14 days of its conclusion, unless the following conditions are met:
      • The seller has fully performed the service or has commenced the provision of digital content with the express and prior consent of the customer,
      • before the commencement of the service, the customer was informed that after the service was provided, he would lose the right to withdraw from the contract,
      • The Seller provided the Customer with confirmation of the conclusion of the Agreement on a durable medium, together with information about the Customer’s consent to the delivery of digital content in circumstances resulting in the loss of the right to withdraw from the Agreement.
    3. To meet the deadline for withdrawal from the contract, it is sufficient for the customer to send a statement within the above-mentioned deadline:
      • in electronic form to the following address: danielkowacki.studio@gmail.com or
      • in writing to the following address: Nowolipie 25/20 01-002 Warsaw.
    4. The declaration of withdrawal from the contract may be submitted using the template available here , although the use of the template is not obligatory. The seller will immediately send the customer an e-mail confirming receipt of the declaration of withdrawal from the contract.
    5. Then, within the next 14 days, the customer should send the returned Goods at his/her own expense to the following postal address: Nowolipie 25/20 01-002 Warsaw.
    6. The Seller shall immediately, no later than within 14 days of receiving the declaration of withdrawal from the contract, refund to the Customer:
      • prices of the Goods;
      • the costs of the original shipment of the Goods to the customer according to the cheapest standard method of delivery offered by the Store.
    7. The Seller may withhold the refund until it receives the Goods back, or at least the Customer provides the Seller with proof of sending back the Goods.
    8. Refunds will be made using the same payment method that was used by the customer in the initial transaction, unless the customer expressly agrees to another solution.
    9. The Customer shall be liable for reducing the value of the returned Goods if, before submitting a declaration of withdrawal from the contract, the Customer used the Goods in a way other than necessary to establish the nature, characteristics and functioning of the item.
  9. Exceptions to the right of withdrawal
    1. The right to withdraw from the contract does not apply in the case of Contracts for the delivery of Goods:
      1. non-prefabricated, manufactured according to the specifications of the consumer/Privileged Entrepreneur or intended to meet his/her individual needs (personalised goods);
      2. that spoil quickly or have a short shelf life (perishable goods);
      3. delivered in a sealed package, if the package has been opened by the customer and the goods cannot be returned after opening the package due to health protection or hygiene reasons (goods packed for hygiene reasons);
      4. audio or video recordings or computer programs supplied on a tangible medium (e.g. CD) in a sealed package, if the package has been opened after delivery;
      5. which after delivery, due to their nature, are inseparably combined with other goods (e.g. construction materials, if used);
      6. newspapers, periodicals or magazines, with the exception of a subscription contract (printed press);
      7. the price of which depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract expires;
      8. alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control.
  10. Complaints
    1. The Seller is obliged to deliver to the customer Goods and Digital Products in accordance with the Agreement.
    2. Towards consumers and Privileged Entrepreneurs, the Seller is liable for the compliance of the Goods or Digital Product in accordance with the provisions of the Consumer Rights Act. Towards other customers, the Seller is liable under the principles arising from the Civil Code.
    3. Complaints can be submitted:
      • in electronic form to the following address: danielkowacki.studio@gmail.com
      • or in writing to the following address: Nowolipie 25/20 01-002 Warsaw.
    4. The Seller will consider the complaint in the form in which it was submitted (in writing or via e-mail) within 14 days of receiving the complaint.
    5. In the event of dissatisfaction with the manner in which a complaint is handled by the Seller, the consumer and the Privileged Entrepreneur may (regardless of the ordinary proceedings before a common court) also use out-of-court methods of handling complaints and pursuing claims.
    6. For the above purpose, you can:
      1. apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings to amicably resolve the dispute,
      2. use the assistance of the district (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection,
      3. use the ODR (Online Dispute Resolution) platform , which is used for online resolution of disputes between consumers and traders, if the dispute concerns obligations arising from a contract concluded online. More information about the ODR platform can be found here ,
      4. apply to a permanent consumer arbitration court with a request to resolve the dispute arising from the concluded contract.
    7. Additional information on out-of-court complaint and claim settlement procedures is also available on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/ .
  11. Final provisions
    1. Polish law shall apply to Agreements concluded in the Store. The Agreement is concluded in Polish.
    2. None of the provisions of the Regulations exclude or in any way limit the rights of the consumer (and the Privileged Entrepreneur) arising from the provisions of law.
    3. The Seller may make changes to the Regulations at any time, and such changes shall apply to orders placed after the publication of a new version of the Regulations, and in the case of (i) previously concluded Agreements for the provision of a digital service or an electronic service, as well as in the case of (ii) customers who have an Account in the store - the customer will be notified of the change to the Regulations and the possibility of not accepting the new content.
    4. The regulations are effective from 26/08/2024.

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