1.General provisions

1. Based on Art. 8 paragraph. 1 of the Law of 18.07.2002. On provision of services by electronic means (Journal of Laws of 2013, item 1422) Anna Marciniszyn conducting business activity under the name “Nodi Studio Anna Marciniszyn”, ul. Wspólna 27a, 00-519 Warsaw, NIP: 6922527411, REGON: 389179345, tel. +48 663 934 786, hereby establishes the rules for making purchases in the online store operated at http://nodistudio.com/ (hereinafter referred to as the “Store”), hereinafter referred to as the “Rules”.
2. Regulations are an integral part of the sales contract concluded via the Internet.
3. The Regulations are addressed to Consumers and Entrepreneurs and define the rules and procedures for concluding a distance sales contract with Customer through the Store, in particular, the conditions for the conclusion and termination of the contract, the procedure for complaints, as well as the rules and technical conditions for concluding a sales contract electronically.
4. Prices quoted in the Store are in PLN and are gross prices (including VAT, if any).
5. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and courier services), of which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Contract.

 

2.Legal definitions of terms contained in the Regulations

1. Seller – Anna Marciniszyn conducting business under the name “Nodi Studio Anna Marciniszyn”, ul. Wspólna 27a, 00-519 Warsaw, NIP: 6922527411, REGON: 389179345.
2. Seller’s e-mail address – nodi.ceramics@gmail.com;
3. Delivery address proper for the Seller – ul. Wspólna 27a, 00-519 Warsaw;
4. Seller’s bank account number – PL 11109018830000000148172818 (payments in PLN)
5. Consumer – a natural person concluding a contract with the Seller under the Store, the subject of which is not directly related to its economic or professional activity;
6. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, which uses the Store.
7. Customer – any entity making purchases through the Store
8. Store – an online store operated by the Seller at the Internet address http://nodistudio.com;
9. Contract concluded at a distance – a contract concluded with a Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
10. Regulations – these rules and regulations of the Store.
11. Order – a declaration of will of the Customer made via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
12. Order Form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
13. Shopping Cart – an element of the Store’s software, where the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.
14. Product – a movable item available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
15. Sales Agreement – a contract of sale of a Product concluded or entered into between the Customer and Seller through the Online Store. The Sales Contract is also understood – applying to the characteristics of the Product – as a contract for the provision of services and a contract for work.

 

3.Conclusion and execution of the contract

1. In order to place an Order, you must:
   a) select the Product that is the subject of the Order, and then click the “Add” or “Add to Cart” button;
   b) select one of the available delivery methods and click the “Order” button;
   (c) fill out the order form by entering your email address, first name, last name, phone and address, and then click the “Next” button;
   (d) select one of the available delivery methods or personal pickup, and then click “Next”;
   (e) select one of the available payment methods and enter the invoice data, if different from the delivery data, and then click the “Next” button
   (f) click the “Order and pay” button
   g) make payment – depending on the selected payment method – in accordance with the information provided by the payment operator or by traditional transfer.
2. After placing an order, you will receive an email with order confirmation and details for traditional transfer (if this form of payment was selected). In order for the order to be processed, it must be paid within 3 days of placing the order.
3. Once payment has been made, you will receive an email confirming payment and acceptance of the order to the email address indicated when placing the Order.
4. We process the order no later than the fifth business day after the order is placed.
5. By placing an order, you accept the terms of these Terms and Conditions.
6. To place an order, it is necessary to have full legal capacity – ie. Be at least 18 years old and have no legal guardians (not partially or totally incapacitated). It is also necessary to provide an e-mail address, phone number and delivery address in Poland. 
7. The seller is not an active taxpayer of goods and services tax, so he does not issue VAT invoices. It is possible to obtain a bill or receipt.  
8.  

 

4 Delivery and payment methods offered

1. The customer can use the following methods of delivery or pickup of the ordered Product:
   (a) Courier delivery,
   (b) InPost Parcel Machine,
   (c) Personal collection available at: ul. Wspólna 27a, 00-519 Warsaw.
2. The customer can use the following payment methods:
   a) Payment by bank transfer to the account of the Seller
   (b) Electronic payments
   (c) Payment by payment card.
3.  

 5. Implementation of the sales contract

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form at Online Store in accordance with paragraph. 3 of the Regulations.
2. Once the Order is placed, the Seller immediately confirms its receipt. Confirmation of receipt of the Order is made by the Seller sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order.
3. If the customer chooses:
   a) payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 3 calendar days from the date of placing the Order – otherwise the order will be canceled.
   b) payment upon personal collection, the Customer is obliged to make payment upon collection within 5 days from the date of receipt of information that the Product is ready for collection.
4. The contract is concluded at the moment of payment by the Customer (crediting the payment through the Seller’s account). The fact that the order has been paid for and accepted for processing will be confirmed in the relevant e-mail sent to the Customer’s e-mail address provided during the placement of the order, which will contain, at the very least, the Seller’s statements on acceptance of the order for processing.
5. If the Customer has chosen a delivery method other than personal collection, the Product will be shipped by the Seller within 7 business days (Tuesday – Saturday), in the manner selected by the Customer when placing the Order.
6. The beginning of the period for delivery of the Product to the Customer is calculated from the date of crediting the payment to the Seller’s bank account.

7. If the Customer chooses to pick up the Product in person, the Product will be ready for collection by the Customer within 7 business days (Tuesday-Saturday). The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer’s e-mail address provided during the ordering process.
8. Delivery of the Product takes place within the European Union.
9. Delivery of the Product to the Customer is for a fee, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal fees) are indicated to the Customer on the pages of the Online Store and during the placement of the Order, including when the Customer expresses his/her will to be bound by the Sales Agreement. For delivery to a country other than Poland, the shipping cost will be determined individually.
10. Personal collection of the Product by the Customer is free of charge.

6 Right of withdrawal

1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The running of the period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer.
3. In the case of a Contract that includes multiple Products that are delivered separately, in batches or in parts, the time limit indicated in Paragraph. 1 runs from the delivery of the last item, lot or part.
4. The consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send a statement before the deadline.
5. The statement can be sent by traditional mail, or electronically by sending the statement to the e-mail address of the Seller. The statement can also be made on a form, the model of which is attached as Appendix 1 to these Regulations and the Appendix to the Law of May 30, 2014 on Consumer Rights, but it is not mandatory.
6. If the Consumer sends a statement electronically, the Seller will immediately send the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
7. Effects of withdrawal from the Agreement:
   (a) In the case of withdrawal from a Contract concluded remotely, the Contract shall be considered not concluded.
   b) In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivery of the item, except for the additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
   c) The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
8. The seller may withhold reimbursement until it receives the Product from back or until it is provided with proof of return, whichever event occurs first.
9. The Consumer should send back the Product to the Seller’s address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
10. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by mail in the usual manner.
11. The consumer shall be liable only for the diminution in value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.

12. If, due to the nature of the Product, it cannot be sent back in the usual way by mail, information about this, as well as the cost of returning the Product, will be sent by e-mail.
13. The right to withdraw from a contract concluded at a distance does not apply to the Consumer in with respect to the Contract:
    a) in which the subject of performance is a non-refabricated item, manufactured to the Consumer’s specifications or serving to meet his individualized needs,
    b) in which the object of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery,
    (c) in which the subject of performance are things that, after delivery, by their nature, become inseparable from other things.

1.  

7 Complaint and warranty

1. The Sales Contract covers new Products.
2. Products sold by the Seller are handmade, so they may differ slightly from each other and from the preview photos presented in the Store.
3. The seller is obliged to provide the customer with an item free of defects.
4. In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code. If the customer is an Entrepreneur, the parties exclude liability under warranty.
5. Complaints should be submitted in writing or electronically to the Seller’s addresses given in these Regulations.
6. The complaint should include personal information that allows identification of the Customer, including but not limited to. a concise description of the defect, the circumstances (including the date) of its occurrence and the Customer’s request in connection with the defect of the goods.
7. The Seller will respond to the complaint request immediately, no later than in within 14 days, and if it does not do so within this period, it is considered that the Customer’s request was considered justified.
8. Goods sent back under the complaint procedure should be sent to the Seller’s address indicated in these Regulations.
   
   

8 Out-of-court ways of dealing with complaints and claims

1. Detailed information on the consumer’s ability to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of county (city) consumer ombudsmen, social organizations whose statutory tasks include protecting consumers, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following examples of out-of-court means of complaint handling and redress:
3. The consumer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Law of December 15, 2000. On Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for settlement of a dispute arising from the Agreement concluded with the Seller.
4. The consumer is entitled to turn to the provincial inspector of the Commercial Inspection, in accordance with Art. 36 of the Law of December 15, 2000. on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and Seller.
5. A consumer may obtain free assistance in resolving a dispute between him and Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).

 

9 Technical conditions for the provision of electronic services

1. The customer shall observe and comply with the following technical requirements:
   (a) have an Internet connection,
   b) have access to an Internet browser that allows you to view documents on the website on your computer monitor (recommended Mozilla Firefox version minimum 47.0, Opera version 32 and above, Google Chrome version 44.0 or later, or MS Internet Explorer version minimum 10.0 or later), which provides support for cookies and Javascript. It is acceptable to use other versions of web browsers if they provide full compatibility with the versions listed above,
   (c) have an e-mail account,
2. In order to maintain the safety of the use of services provided by the Seller, it is recommended that the device used by the Customer has, in particular:
   (a) an antivirus system with the latest version of virus definitions and updates,
   (b) an effective security firewall,)
   (c) installed all available operating system and browser updates that relate to security,
   (d) activated function to accept cookies and Javascript in your web browser.

 

10. Final Provisions

1. The Seller reserves the right to make changes to the provisions contained in Regulations for good cause.
2. Amendments to the existing Terms and Conditions shall come into force on the date of their publication on the Seller’s website, and all previous provisions to the extent of the amendments shall be null and void.
3. If the Customer does not agree to change the existing Terms and Conditions and to include the provisions of the new Terms and Conditions applicable to the parties to the contract, the Customer should submit a statement to the Seller on refusal to consent to the introduction of changes to the provisions in the existing Terms and Conditions in writing under pain of invalidity within 14 calendar days from the Seller’s notification of the changes to the Terms and Conditions. In this case, the content of the Terms and Conditions in effect at the time of conclusion of the contract shall be considered binding.
4. Settlement of any disputes arising between the Seller and the Customer, who is a consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
5. Settlement of any disputes arising between the Seller and the Customer, who is not a consumer, is submitted to the court having jurisdiction over the Seller’s address.