Wishlist

Terms and Conditions

§1 Seller’s details

The online store available at https://martatrojanowska.com is operated by:

Marta Trojanowska Studio Impress
ul. Kleszczowa 41/14, 02-485 Warsaw, Poland
Polish Tax Identification Number (NIP): 5272464331
e-mail: info@martatrojanowska.com
tel.: +48 733 663 633

These Terms and Conditions set out the rules for using the online store and for concluding and performing distance sales contracts.

§2 Definitions

  • Seller – Marta Trojanowska Studio Impress, operating the online store specified in §1.
  • Store – the online store available at https://martatrojanowska.com.
  • Customer – a natural person, legal person or organisational unit without legal personality purchasing from the Store.
  • Consumer – a natural person concluding a contract with the Seller for purposes not directly related to that person’s business or professional activity.
  • Entrepreneur Enjoying Consumer Rights – a natural person concluding a contract with the Seller that is directly related to that person’s business activity, where the contract is not of a professional nature for that person, in particular in view of the scope of business activity disclosed in the Polish Central Register and Information on Economic Activity.
  • Product – a movable item offered in the Store.
  • Made-to-Measure Product – a non-prefabricated Product manufactured according to the Customer’s individual specifications or intended to satisfy the Customer’s individual needs, in particular a Product made on the basis of measurements provided by the Customer and individual arrangements concerning its design, fabric, length, construction or finishing.
  • Earnest Money Deposit (zadatek) – an amount expressly identified before conclusion of the Contract as earnest money under Article 394 of the Polish Civil Code, paid as security for performance of the Contract and producing the legal effects set out in that provision and in these Terms and Conditions.
  • Contract – a distance sales contract concluded between the Seller and the Customer.

§3 Product information

  1. Product descriptions include the main characteristics of the Products and the information required by applicable law.
  2. Product photographs are intended to present the Products. Differences resulting from monitor settings, the method of colour display or lighting used when taking the photographs do not in themselves constitute a lack of conformity of the Product with the Contract.
  3. Handmade Products may differ slightly in detail from the items presented, provided that such differences result from the nature of handmade production, do not affect the functionality of the Product and do not conflict with the individually agreed specification.
  4. Information concerning the illustrative nature of photographs and the handmade nature of Products does not exclude the Seller’s liability for conformity of the Product with the Contract.

§4 Prices

  1. Prices are stated in Polish zloty and are gross prices, inclusive of VAT.
  2. Before placing an order, the Customer is informed of the total price of the Product, applicable taxes, delivery charges and any other costs connected with the order.
  3. In the case of Made-to-Measure Products, the price may be determined individually depending on the agreed specification, scope of alterations, selected fabrics and method of performance.
  4. The individually agreed price is communicated to the Customer before conclusion of the Contract.

§5 Placing orders and conclusion of the Contract

  1. An order may be placed using the form available in the Store or by another method agreed with the Seller that allows the terms of the order to be recorded.
  2. The Customer is required to provide true, current and complete information necessary to process the order.
  3. Placing an order constitutes an offer by the Customer to conclude a Contract on the terms specified in the order.
  4. An automated acknowledgement confirming receipt of the order does not constitute acceptance of the order, unless the content of the acknowledgement expressly states otherwise.
  5. The Contract is concluded when the Seller sends the Customer an e-mail confirming that the order has been accepted for performance.
  6. Before accepting an order for performance, the Seller may refuse to accept it, in particular where:
    • the Product cannot be made or the agreed deadline cannot be met,
    • the required fabrics or materials are unavailable,
    • the Customer has provided information that prevents performance of the order,
    • the specification of the Made-to-Measure Product has not been agreed.
  7. If, after conclusion of the Contract, the Customer fails to make the required payment within the agreed period, the Seller may set an additional payment deadline and, if that deadline expires without payment, withdraw from the Contract, subject to the provisions concerning the Earnest Money Deposit.

§6 Payments

  1. Available payment methods include:
    • traditional bank transfer,
    • Tpay,
    • payment card,
    • PayPal.
  2. The payment methods available for a particular order are displayed to the Customer before the order is placed.
  3. An electronic payment service provider may act as a separate data controller with respect to the information necessary to process the payment, in accordance with the rules applicable to that provider.
  4. For Made-to-Measure Products, the Seller may require payment of the full price in advance or payment of an Earnest Money Deposit.
  5. Before conclusion of the Contract or in the confirmation of the individually agreed order terms, the Customer is informed whether a particular payment constitutes payment of the full price, a partial payment or an Earnest Money Deposit.

§7 Made-to-Measure Products – performance rules

  1. Made-to-Measure Products are manufactured according to an individual specification provided or approved by the Customer.
  2. Performance of a Made-to-Measure Product begins after:
    • conclusion of the Contract,
    • receipt of the required payment or Earnest Money Deposit,
    • receipt of all information, measurements and arrangements necessary to perform the order.
  3. If the Customer’s measurements have not been taken personally by the Seller or by a person acting on the Seller’s behalf, the Customer is responsible for the accuracy of the measurements provided. This does not exclude the Seller’s liability where the Product has been made inconsistently with a correctly provided specification.
  4. The Customer should read and follow any instructions provided by the Seller concerning the correct method of taking measurements.
  5. Changes to the design, measurements or other elements of the specification after production has begun may be impossible or may require an adjustment of the price and completion date. The Seller will inform the Customer of such consequences before performing any additional work.
  6. Fabrics, materials or components may be ordered individually for the purposes of a particular order.
  7. If the Contract is performed, the Earnest Money Deposit is credited towards the price of the Product.
  8. If the Contract is not performed for reasons attributable to the Customer, in particular where the Customer clearly resigns from performance of a Made-to-Measure Product in circumstances in which the Customer does not have a statutory right to withdraw from the Contract, the Seller may withdraw from the Contract and retain the Earnest Money Deposit received.
  9. If the Contract is not performed for reasons attributable to the Seller, the Customer may withdraw from the Contract and demand payment of an amount equal to twice the Earnest Money Deposit paid.
  10. If the Contract is terminated by mutual agreement or is not performed due to circumstances for which neither party is responsible or for which both parties are responsible, the Earnest Money Deposit must be returned and there is no obligation to pay twice its amount.
  11. The provisions concerning the Earnest Money Deposit do not limit any rights of the Consumer or Entrepreneur Enjoying Consumer Rights arising from mandatory provisions of law.

§8 Completion time

  1. The completion time is specified in the Product description or agreed individually with the Customer before conclusion of the Contract.
  2. For Made-to-Measure Products, the completion time is calculated from the date on which all the conditions specified in §7 section 2 have been fulfilled.
  3. Where performance of the order requires the Customer’s cooperation, in particular the provision of measurements, approval of a design or selection of fabrics, any delay by the Customer may have a corresponding effect on the completion date.
  4. The Seller informs the Customer of any expected delay and, where possible, indicates a new completion date.
  5. The provisions of this section do not limit the Customer’s statutory rights arising from a delay by the Seller.

§9 Delivery

  1. Delivery is carried out by courier companies, other carriers indicated in the Store or by personal collection.
  2. The available delivery methods and delivery charges are displayed to the Customer before the order is placed.
  3. The Seller delivers the Product to the address specified by the Customer in the order.
  4. In the case of a Consumer or Entrepreneur Enjoying Consumer Rights, the risk of accidental loss of or damage to the Product passes to the Customer when the Product is delivered to the Customer or to a third party designated by the Customer other than the carrier.
  5. If the Customer independently selects a carrier that was not offered by the Seller, the risk of accidental loss of or damage to the Product passes to the Customer when the Product is handed over to that carrier.

§10 Right to withdraw from the Contract

  1. A Consumer and an Entrepreneur Enjoying Consumer Rights may withdraw from a distance Contract without giving any reason within 14 days, subject to the exceptions specified in this section and in applicable law.
  2. In the case of a Contract under which the Seller delivers a Product, the withdrawal period begins on the date on which the Customer or a third party designated by the Customer other than the carrier takes possession of the Product.
  3. To meet the withdrawal deadline, it is sufficient for the Customer to send the withdrawal statement before the withdrawal period expires.
  4. A withdrawal statement may be submitted:
    • using the electronic form available at the address indicated below,
    • by e-mail to info@martatrojanowska.com,
    • in writing to the Seller’s address specified in §1.

GO TO THE WITHDRAWAL FROM CONTRACT FORM

  1. Use of the form provided by the Seller is not mandatory. The Customer may submit any other clear statement communicating the decision to withdraw from the Contract.
  2. If the statement is submitted using the electronic form, the Seller will promptly send confirmation of receipt to the e-mail address provided by the Customer.
  3. The Customer must return the Product without undue delay and no later than 14 days after withdrawing from the Contract. The deadline is met if the Product is sent before that period expires.
  4. The returned Product should be sent to the Seller’s address specified in §1, unless the Seller provides the Customer with a different return address.
  5. The Customer bears the direct cost of returning the Product, unless the Seller has agreed to bear that cost.
  6. The Seller refunds all payments received from the Customer, including the cost of the least expensive standard delivery method offered by the Seller.
  7. If the Customer selected a delivery method more expensive than the least expensive standard delivery method offered by the Seller, the Seller is not required to refund the additional cost resulting from that choice.
  8. The refund is made without undue delay and no later than 14 days after the Seller receives the Customer’s statement of withdrawal from the Contract.
  9. The Seller makes the refund using the same payment method used by the Customer, unless the Customer expressly agrees to another method that does not involve any costs for the Customer.
  10. Unless the Seller has offered to collect the Product, the Seller may withhold the refund until the Product has been received or until the Customer provides evidence that the Product has been returned, whichever occurs first.
  11. The Customer is liable for any diminished value of the Product resulting from handling the Product beyond what is necessary to establish its nature, characteristics and functioning.

Exclusion of the right of withdrawal

  1. The right to withdraw from the Contract does not apply to a Contract concerning a non-prefabricated Product manufactured according to the Customer’s specifications or intended to satisfy the Customer’s individual needs.
  2. This exclusion applies in particular to dresses and other Products made to measure, sewn on the basis of the Customer’s measurements or manufactured according to an individually agreed design, style, construction, length, fabric or finishing specification.
  3. If an order includes both Made-to-Measure Products and ready-made Products that are not covered by a statutory exclusion, the right of withdrawal may apply only to the Products that are not covered by the exclusion.
  4. The exclusion of the right to withdraw from the Contract does not limit the right to submit a complaint where the Product does not conform to the Contract.

§11 Complaints and conformity of the Product with the Contract

  1. The Seller is liable to the Consumer and the Entrepreneur Enjoying Consumer Rights for conformity of the Product with the Contract in accordance with the Polish Consumer Rights Act.
  2. The Seller is liable for a lack of conformity of the Product with the Contract that existed at the time of delivery and became apparent within two years from that date, subject to any exceptions provided for by applicable law.
  3. A complaint may be submitted:
  4. To facilitate examination of the complaint, the Customer is advised to provide information allowing identification of the order, describe the lack of conformity and indicate the requested method of resolving the complaint. Failure to follow this recommendation does not affect the validity of the complaint where it can be examined on the basis of the information provided.
  5. The Seller responds to a complaint submitted by a Consumer within 14 days of receiving it. The response is provided on paper or another durable medium.
  6. If the Product does not conform to the Contract, the Customer may demand repair or replacement.
  7. The Seller may replace the Product where the Customer demands repair, or repair the Product where the Customer demands replacement, if the remedy selected by the Customer is impossible or would require excessive costs.
  8. Repair or replacement is carried out within a reasonable period, without excessive inconvenience to the Customer and at the Seller’s expense, in accordance with applicable law.
  9. The Customer may submit a statement reducing the price or withdrawing from the Contract in the circumstances provided for by law, in particular where:
    • the Seller has refused to bring the Product into conformity with the Contract,
    • the Seller has failed to bring the Product into conformity with the Contract,
    • the lack of conformity persists despite an attempt to repair or replace the Product,
    • the lack of conformity is sufficiently serious to justify a price reduction or withdrawal from the Contract without first requesting repair or replacement,
    • it is clear from the circumstances that the Seller will not bring the Product into conformity with the Contract within a reasonable period or without excessive inconvenience to the Customer.
  10. The Customer may not withdraw from the Contract due to a lack of conformity where the lack of conformity is insignificant.
  11. The provisions concerning complaints also apply to Made-to-Measure Products. The absence of a statutory right to withdraw from the Contract without giving a reason does not exclude the Seller’s liability for conformity of a Made-to-Measure Product with the Contract and the agreed specification.

§12 Sales to entrepreneurs

  1. This section applies to Customers who are entrepreneurs and are not Entrepreneurs Enjoying Consumer Rights.
  2. With respect to an Entrepreneur Enjoying Consumer Rights, the provisions of these Terms and Conditions concerning Consumers apply to the extent required by applicable law, in particular with regard to the right to withdraw from a distance Contract and liability for conformity of the Product with the Contract.
  3. In the case of a sale to an entrepreneur who is not an Entrepreneur Enjoying Consumer Rights, the Seller’s liability under the statutory warranty for defects (rękojmia) is excluded to the maximum extent permitted by law.
  4. With respect to an entrepreneur who is not an Entrepreneur Enjoying Consumer Rights, the Seller’s liability for loss of profits is excluded to the maximum extent permitted by law.
  5. No provision of these Terms and Conditions excludes the Seller’s liability in circumstances in which such exclusion or limitation is prohibited by mandatory provisions of law.

§13 Out-of-court dispute resolution

  1. After exhausting the complaint procedure, a Consumer may use out-of-court complaint and redress procedures.
  2. In particular, the Consumer may:
    • seek assistance from the competent municipal or district consumer ombudsman in Poland,
    • apply to the competent Voivodeship Inspectorate of Trade Inspection in Poland,
    • submit an application for out-of-court resolution of a consumer dispute to a competent authorised entity.
  3. Information concerning assistance available to consumers is available at: https://uokik.gov.pl/pomoc-dla-konsumentow.
  4. The register of entities authorised to conduct out-of-court consumer dispute resolution proceedings is available at: https://polubowne.uokik.gov.pl.

§14 Personal data

The rules governing the processing of personal data are set out in the Privacy Policy.

§15 Amendments to the Terms and Conditions

  1. These Terms and Conditions may be amended in particular in the event of:
    • a change in applicable law,
    • a change in the Seller’s details,
    • a change in payment or delivery methods,
    • a change in the operation of the Store,
    • the need to clarify the provisions of these Terms and Conditions.
  2. An amendment to these Terms and Conditions does not affect rights already acquired by Customers.
  3. Contracts concluded before an amendment enters into force are governed by the version of the Terms and Conditions applicable at the time the Contract was concluded.

§16 Final provisions

  1. These Terms and Conditions are governed by Polish law.
  2. Matters not regulated by these Terms and Conditions are governed by the provisions of the Polish Civil Code, the Polish Consumer Rights Act and other applicable provisions of Polish law.
  3. These Terms and Conditions do not exclude or limit any rights of a Consumer or Entrepreneur Enjoying Consumer Rights arising from mandatory provisions of law.
  4. If any provision of these Terms and Conditions is found to be invalid or ineffective, this does not affect the validity of the remaining provisions, unless otherwise required by applicable law.
You might like..
SHOPPING BAG 0
RECENTLY VIEWED 0
+48 733 663 633
kontakt@martatrojanowska.com
We Make It in 1 Day. Find Out How