ONLINE STORE TERMS AND CONDITIONS
stayclaystudio.com
These Online Store Terms and Conditions have been prepared by the legal team at Prokonsumencki.pl. The online store www.stayclaystudio.com respects consumer rights. Consumers cannot waive the rights granted to them under the Consumer Rights Act. Any provisions of agreements that are less favorable to the consumer than the provisions of the Consumer Rights Act shall be null and void, and the provisions of the Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted under mandatory provisions of law, and any potential doubts should be interpreted in favor of the consumer. In case of any inconsistency between the provisions of these Terms and Conditions and the above legal regulations, those regulations shall prevail and apply.
GENERAL PROVISIONS
The online store available at www.stayclaystudio.com is operated by SVITLANA TOLKACHOVA, conducting business activity under the company name SVITLANA TOLKACHOVA, entered into the Central Registration and Information on Business of the Republic of Poland maintained by the minister responsible for the economy, with the following details: business address and service address: ul. Jarocińska 32/L.U.1, 04-156 Warsaw, Poland, NIP (Tax ID): 1133092585, REGON: 524968925, email: sklepstayclay@gmail.com, phone number: +48 515 282 463.
These Terms and Conditions are addressed to both consumers and business customers using the Online Store, unless a given provision states otherwise.
The administrator of personal data processed in connection with the implementation of these Terms and Conditions is the Seller. Personal data is processed for the purposes, for the period, and based on the grounds and rules specified in the Privacy Policy published on the Online Store website. The Privacy Policy mainly includes the principles regarding the processing of personal data by the Administrator in the Online Store, including the legal basis, purposes, and retention period of personal data, as well as the rights of individuals whose data is processed and information about the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the Privacy Policy (conclusion of a contract and statutory obligations of the Seller).
DEFINITIONS
DIGITAL SERVICES ACT, THE ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).
BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
REGISTRATION FORM – a form available in the Online Store that allows the creation of an Account.
ORDER FORM – an Electronic Service; an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic cart and defining the terms of the Sales Agreement, including delivery and payment methods.
CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which has legal capacity under the law – who has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93 as amended).
ACCOUNT – an Electronic Service, a collection of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Service User, where the data provided by the Service User and information about their Orders placed in the Online Store are collected.
NEWSLETTER – an Electronic Service; a distribution service provided electronically by the Service Provider via email, which allows all subscribed Users to automatically receive periodic content of successive editions of the newsletter containing information about Products, news, and promotions in the Online Store.
ILLEGAL CONTENT – information which, in itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, is not in compliance with EU law or the law of any member state that complies with EU law, regardless of the specific subject matter or nature of that law.
PRODUCT – (1) a movable item (including a movable item with digital elements, i.e., containing or connected to digital content or a digital service such that the absence of the digital element would prevent its proper functioning), (2) digital content, (3) a service (including both digital and non-digital services), or (4) a right that is the subject of a Sales Agreement between the Customer and the Seller.
TERMS AND CONDITIONS – these terms and conditions of the Online Store.
ONLINE STORE – the online store operated by the Service Provider, available at www.stayclaystudio.com.
SELLER / SERVICE PROVIDER – Svitlana Tolkachova, conducting business activity under the company name SVITLANA TOLKACHOVA, registered in the Central Registration and Information on Business of the Republic of Poland, with the following contact details: ul. Jarocińska 32/L.U.1, 04-156 Warsaw, NIP: 1133092585, REGON: 524968925, email: sklepstayclay@gmail.com, phone: +48 515 282 463.
SALES AGREEMENT – (1) an agreement for the sale of a Product (for movable items and movable items with digital elements), (2) an agreement for the supply of a Product (for digital content or digital services), (3) a service agreement or use agreement (for non-digital services or other Products) concluded or to be concluded between the Customer and the Seller via the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the User via the Online Store, which is not a Product.
USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality with legal capacity under the law – using or intending to use an Electronic Service.
CONSUMER RIGHTS ACT – the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827 as amended).
ORDER – a declaration of the Customer’s will made via the Order Form aimed directly at concluding a Sales Agreement for the Product with the Seller.
Electronic Newsletter Service is provided free of charge for an indefinite period. The User has the right to unsubscribe from the Newsletter at any time and without giving any reason by sending an appropriate request to the Service Provider, in particular via email to: sklep@nazwasklepu.pl or in writing to the following address: ul. Przykładna 3c/5, 82-200 Przykładowo.
The technical requirements necessary for cooperation with the IT system used by the Service Provider are: (1) a computer, laptop, or other multimedia device with internet access; (2) access to email; (3) an up-to-date web browser such as Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, Microsoft Edge; (4) the recommended minimum screen resolution is 1024×768; (5) cookies and JavaScript enabled in the web browser.
The User is obliged to use the Online Store in a manner consistent with the law and good practices, with due regard for personal rights and intellectual property rights of the Service Provider and third parties. The User is required to provide data that is accurate and truthful. It is forbidden to provide unlawful content, including Illegal Content.
The complaint procedure for Electronic Services is set out in section 6 of the Terms and Conditions.
Electronic Services in the Online Store
The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order via the Order Form in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
The price of the Product shown on the Online Store website is provided in Polish zloty (PLN) and includes taxes. The Customer is informed of the total price including taxes of the Product being ordered, as well as delivery charges (including transport, delivery, and postal fees) and other applicable costs, or if such costs cannot be determined – the obligation to pay them, on the pages of the Online Store during the Order process, including at the time the Customer expresses the intention to be bound by the Sales Agreement.
Procedure for concluding a Sales Agreement via the Order Form
The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
After the Order has been placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of the Order’s receipt and its acceptance for processing is made by sending the Customer a relevant email message to the email address provided during the Order placement. This email includes at least the Seller’s declarations of having received the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of this email by the Customer, the Sales Agreement between the Customer and the Seller is concluded.
The recording, securing, and provision of the contents of the concluded Sales Agreement to the Customer takes place through: (1) making these Terms and Conditions available on the Online Store website, and (2) sending the Customer the email message referred to in section 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.
Methods and Time Limits for Payment
The Seller provides the Customer with the following payment methods under the Sales Agreement:
– Payment via Blik transfer upon personal collection.
– Bank transfer to the Seller’s account.
– Electronic payments and card payments via stripe.com/en-pl – the currently available payment methods are listed on the Online Store’s payment information page and at https://stripe.com/en-pl.
Settlements of transactions via electronic payments and payment cards are conducted according to the Customer’s choice via stripe.com/en-pl. The processing of electronic and card payments is handled by:
Stripe.com – Stripe Payments Europe, Limited (SPEL) based in Dublin (address: The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland), registration number: 513174, VAT number: IE 9813451A.
Payment deadline:
– If the Customer selects payment by bank transfer, electronic payment, or card payment, they are required to make the payment within 2 calendar days from the date of conclusion of the Sales Agreement.
– If the Customer chooses Blik transfer upon personal collection, the payment must be made at the time of collection.
Costs, Methods, and Timeframes for Delivery and Collection
Delivery of the Product is available within the territory of the Republic of Poland.
Delivery of the Product to the Customer is chargeable unless otherwise stated in the Sales Agreement. Delivery costs (including transport, delivery, and postal service fees) are indicated on the Online Store’s delivery information page and during the Order placement process, including at the time the Customer expresses the intention to be bound by the Sales Agreement.
Personal collection of the Product by the Customer is free of charge.
The Seller provides the Customer with the following methods of delivery or collection:
– InPost parcel locker
– InPost courier
– Personal collection available at: ul. Jarocińska 32/L.U.1, 04-156 Warsaw – on Saturdays and Sundays from 13:00 to 16:00.
The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter period is stated in the Product description or during Order placement. In the case of Products with different delivery times, the delivery time shall be the longest stated, which may not exceed 7 Business Days. The delivery period begins:
– In the case of payment by bank transfer, electronic payment, or card – from the date the Seller’s bank account or settlement account is credited.
The availability time of the Product for collection by the Customer – in the case of personal collection – is up to 7 Business Days unless a shorter period is stated in the Product description or during the Order process. For Products with different availability times, the availability time shall be the longest stated, which may not exceed 7 Business Days. The Seller will additionally inform the Customer when the Product is ready for collection. The availability period starts:
– In the case of payment by bank transfer, electronic payment, or card – from the date the Seller’s account is credited.
– In the case of Blik payment upon personal collection – from the date of conclusion of the Sales Agreement.
Complaint Handling Procedure
This section 6 of the Terms and Conditions sets out a unified complaint handling procedure applicable to all complaints submitted to the Seller, particularly those concerning Products, Sales Agreements, Electronic Services, and other issues related to the Seller’s or Online Store’s operation.
Complaints may be submitted:
– in writing to: ul. Jarocińska 32/L.U.1, 04-156 Warsaw
– electronically via email to: sklepstayclay@gmail.com
Sending or returning the Product under a complaint may be done to: ul. Jarocińska 32/L.U.1, 04-156 Warsaw
It is recommended that the complaint includes: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect or non-compliance; (2) the requested method of resolving the issue – e.g., bringing the Product into compliance with the agreement, price reduction, contract withdrawal, or another claim; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the handling process. These recommendations are not obligatory and do not affect the effectiveness of complaints submitted without following them.
In case of change of contact details
If the person submitting the complaint changes their contact details during the complaint procedure, they are obliged to notify the Seller of this change.
Evidence and documents attached to the complaint
The complainant may attach evidence (e.g., photos, documents, or the Product) related to the subject of the complaint. The Seller may also request the complainant to provide additional information or send evidence (e.g., photos) if this facilitates and speeds up the complaint handling process.
Complaint handling deadline
The Seller shall respond to the complaint without delay, but no later than within 14 calendar days from the date of its receipt.
Legal basis and scope of Seller’s liability
The basis and scope of the Seller’s statutory liability are defined by generally applicable laws, in particular the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended).
Complaints regarding Products purchased before 31.12.2022
For complaints about a Product — a movable item — purchased by the Customer under a Sales Agreement concluded with the Seller before December 31, 2022, the provisions of the Civil Code in force until December 31, 2022, apply, especially Articles 556–576 of the Civil Code.
These provisions define the basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty). According to Article 558 § 1 of the Civil Code, the Seller’s warranty liability for Products purchased by non-consumer Customers is excluded.
Complaints regarding Products purchased from 01.01.2023
For complaints about a Product — a movable item (including movable items with digital elements), except for movable items serving solely as digital content carriers — purchased by the Customer under a Sales Agreement concluded with the Seller from January 1, 2023, the provisions of the Consumer Rights Act in force from January 1, 2023, apply, particularly Articles 43a–43g.
Complaints regarding digital content and digital services
For complaints about Products — digital content or digital services or movable items serving solely as digital content carriers — purchased by the Customer under a Sales Agreement concluded with the Seller from January 1, 2023, or before that date if delivery took place after that date, the provisions of the Consumer Rights Act in force from January 1, 2023, apply, especially Articles 43h–43q.
Warranty on Products
Besides statutory liability, a warranty may be granted for a Product — this is an additional contractual liability that can be used if the Product is covered by a warranty. The warranty may be granted by an entity other than the Seller (e.g., manufacturer or distributor). Detailed warranty conditions, including the contact details of the entity responsible for warranty execution and the person entitled to use it, are available in the warranty description (e.g., warranty card or another document).
The Seller states that in case of non-compliance of the Product with the agreement, the Customer is entitled by law to legal remedies at the Seller’s expense and that the warranty does not affect these legal remedies.
Application of provisions to natural persons conducting business activity
The provisions in points 6.8.2 and 6.8.3 also apply to Customers who are natural persons concluding an agreement directly related to their business activity if the content of this agreement indicates it is not professional in nature, especially based on the scope of their business activity registered in the Central Registration and Information on Business.
Out-of-court dispute resolution methods
Methods of out-of-court dispute resolution include, among others, (1) enabling rapprochement of the parties’ positions, e.g., mediation; (2) proposing dispute resolution, e.g., conciliation; and (3) resolving disputes and imposing solutions, e.g., arbitration.
Contact point at the Office of Competition and Consumer Protection
A contact point operates at the President of the Office of Competition and Consumer Protection, providing consumers with information on out-of-court dispute resolution. Consumers can contact the point: (1) by phone at 22 55 60 332 or 22 55 60 333; (2) by email at kontakt.adr@uokik.gov.pl; or (3) in person or in writing at the Office’s headquarters at Plac Powstańców Warszawy 1, Warsaw (00-030).
Examples of out-of-court dispute resolution options
Consumers may use: (1) an application to a permanent consumer arbitration court; (2) an application for out-of-court dispute resolution to the provincial inspector of the Inspection; or (3) assistance from a county (municipal) consumer ombudsman or a social organization protecting consumer rights (e.g., Consumers Federation, Polish Consumers Association). Advice is also provided via email: porady@dlakonsumentow.pl and consumer helpline 801 440 220 (working days 8:00–18:00).
ODR platform
The European Commission’s Online Dispute Resolution (ODR) platform is available at http://ec.europa.eu/odr. It is an interactive, multilingual website offering comprehensive services for consumers and traders seeking out-of-court dispute resolution related to online sales or service contracts.
Right to withdraw from a distance contract
A consumer who concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except those specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the withdrawal statement before the expiry of the period.
Forms and addresses for withdrawal notification
The withdrawal statement can be submitted:
in writing to ul. Jarocińska 32/L.U.1, 04-156 Warsaw;
electronically via email at sklepstayclay@gmail.com.
Product return address upon withdrawal
Return of a Product — movable item (including movable items with digital elements) — within withdrawal may be done at: ul. Jarocińska 32/L.U.1, 04-156 Warsaw.
Sample withdrawal form
A sample withdrawal form is attached as Appendix 2 to the Consumer Rights Act and also available in point 14 of the Terms and Conditions. Using the form is not obligatory.
Start of withdrawal period
The withdrawal period starts:
for contracts where the Seller delivers the Product transferring ownership — from the moment the consumer or a third party indicated by them, other than the carrier, takes possession of the Product; if several Products are delivered separately or in parts — from possession of the last Product, batch, or part; if the contract involves regular delivery for a fixed period — from possession of the first Product;
for other contracts — from the date of contract conclusion.
Contract status after withdrawal
Upon withdrawal, the contract is considered not concluded.
Seller’s obligation to refund payments
The Seller must refund all payments made by the consumer, including delivery costs (except additional costs due to the consumer choosing a more expensive delivery method than the cheapest standard method offered by the store), no later than 14 calendar days from receipt of the withdrawal statement. The refund is made using the same payment method unless the consumer agrees otherwise without incurring costs.
Consumer’s obligation to return the Product
The consumer must return the Product or deliver it to an authorized person within 14 calendar days from withdrawal. To meet the deadline, it is enough to send the Product before the period expires.
Consumer’s liability for diminished Product value
The consumer is liable for any diminished value of the Product resulting from use beyond what is necessary to establish the nature, features, and functioning of the Product.
Conditions for withdrawal of digital content or services
Upon withdrawal from a digital content or service contract, from the date of receipt of the withdrawal statement, the Seller may no longer use content other than personal data provided or generated by the consumer during use of the digital content or service, except content: (1) useful solely in relation to the digital content or service covered by the contract; (2) related exclusively to the consumer’s activity during use of the digital content or service; (3) combined by the entrepreneur with other data and cannot be separated without disproportionate effort; (4) generated jointly by the consumer with others who can still use it. Except for cases in points (1)–(3), the Seller, at the consumer’s request, provides other content generated by the consumer during use of the digital content or service.
The Seller may block consumer access to digital content or services upon withdrawal, which does not affect the consumer’s rights to receive the content.
Consumer’s obligation to stop use and sharing of digital content
Upon withdrawal, the consumer must cease using the digital content or service and sharing it with third parties.
Possible costs related to withdrawal
For Products (movable items including digital elements), if the consumer chose a delivery method other than the cheapest standard method, the Seller is not obliged to refund additional costs.
The consumer bears direct costs of returning the Product.
In the case of a Product – service, whose performance—at the express request of the consumer—began before the withdrawal period expired, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided up to the moment of withdrawal. The payment amount is calculated proportionally to the extent of the provided service, taking into account the agreed price or remuneration in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the provided service.
The right of withdrawal from a distance contract does not apply to the consumer in relation to contracts:
(1) for the provision of services for which the consumer is obliged to pay a price, if the Seller has fully performed the service with the consumer’s explicit and prior consent, who was informed before the commencement of performance that after the Seller has fulfilled the service, the consumer loses the right of withdrawal, and the consumer acknowledged this;
(2) where the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control and which may occur before the withdrawal period expires;
(3) where the subject of the contract is a Product – a movable item (including a movable item with digital elements) – non-prefabricated, manufactured according to the consumer’s specifications or serving to satisfy their individualized needs;
(4) where the subject of the contract is a Product – a movable item (including a movable item with digital elements) – liable to rapid deterioration or with a short expiry date;
(5) where the subject of the contract is a Product – a movable item (including a movable item with digital elements) – supplied in a sealed package which cannot be returned after opening for health protection or hygiene reasons, if the package was opened after delivery;
(6) where the subject of the contract is Products – movable items (including movable items with digital elements) – which after delivery, due to their nature, become inseparably mixed with other movable items, including movable items with digital elements;
(7) where the subject of the contract is alcoholic beverages, the price of which was agreed upon at the time of the Sales Agreement and whose delivery can only take place after 30 days, and whose value depends on market fluctuations beyond the Seller’s control;
(8) where the consumer explicitly requested the Seller to come to them to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products – movable items (including movable items with digital elements) – other than spare parts necessary for the repair or maintenance, the consumer has the right of withdrawal for the additional services or Products;
(9) where the subject of the contract is audio or visual recordings or computer programs supplied in a sealed package, if the package was opened after delivery;
(10) for the delivery of newspapers, periodicals, or magazines, except for subscription contracts;
(11) concluded by public auction;
(12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, leisure, entertainment, sports, or cultural events, if the contract specifies the day or period of service provision;
(13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay a price, if the Seller began performance with the consumer’s explicit and prior consent, who was informed before commencement that after the Seller fulfilled the service, the consumer loses the right of withdrawal, and the Seller provided the consumer with confirmation referred to in Articles 15(1) and (2) or Article 21(1) of the Consumer Rights Act;
(14) for the provision of services for which the consumer is obliged to pay a price, where the consumer explicitly requested the Seller to come to them to perform repair, and the service has already been fully performed with the consumer’s explicit and prior consent.
The provisions contained in this point 8. of the Terms and Conditions concerning the consumer apply also to Service Recipients or Clients who are natural persons concluding contracts directly related to their business activity from January 1, 2021, if from the content of the contract it follows that the contract does not have a professional character for such persons, in particular based on the scope of their business activity registered under the provisions on the Central Registration and Information on Business.
PROVISIONS CONCERNING ENTREPRENEURS
This point 9. of the Terms and Conditions and all provisions contained therein are addressed and thus bind exclusively the Client or Service Recipient who is not a consumer, and from January 1, 2021, also who is not a natural person concluding a contract directly related to their business activity if from the content of this contract it follows that it does not have a professional character for such a person, in particular based on the scope of their business activity registered under the Central Registration and Information on Business.
The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving reasons and does not give rise to any claims by the Client against the Seller.
The Seller’s liability under the warranty for the Product or lack of conformity of the Product with the Sales Agreement is excluded.
The Seller will respond to complaints within 30 calendar days from the date of receipt.
The Seller has the right to limit the available payment methods, including the right to require prepayment in whole or in part, regardless of the Client’s chosen payment method and the fact of concluding the Sales Agreement.
The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.
The liability of the Service Provider/Seller towards the Service Recipient/Client, regardless of the legal basis, is limited — both for individual claims and all claims in total — to the amount paid for the Sales Agreement, including delivery costs, but not exceeding one thousand zlotys. This monetary limitation applies to all claims made by the Service Recipient/Client against the Service Provider/Seller, including cases of no Sales Agreement or claims unrelated to the Sales Agreement.
The Service Provider/Seller is liable to the Service Recipient/Client only for typical damages foreseeable at the time of contract conclusion and does not bear liability for lost profits. The Seller is also not liable for delays in shipment transport.
All disputes arising between the Seller/Service Provider and the Client/Service Recipient shall be submitted to the court competent for the Seller’s/Service Provider’s seat.
RULES FOR USING THE PRODUCT – DIGITAL CONTENT AND SERVICES
This point 10. of the Terms and Conditions sets out the default rules for using Products – digital content and services available in the Online Store. These rules apply if no individual terms of use for the Product have been established or for matters not regulated by individual terms (e.g., if a license is granted by the product’s manufacturer, the manufacturer’s license applies).
Rights to the Product, including copyrights in the case of Products constituting a work under Copyright Law, belong to the Seller or other entitled third parties.
Based on the concluded Sales Agreement, the Client is entitled to use the Product in the manner and scope necessary to use it for the purposes specified in the Sales Agreement, or in the absence of such, for the purposes for which such Product is usually used, taking into account applicable laws, technical standards, or good practices.
The Client’s use of the Product is possible only for their own use, including within their business activity, unless the Sales Agreement provides otherwise. Subject to exceptions provided by applicable law and different provisions of the Sales Agreement: (1) the Client is not entitled to share the Product with third parties; (2) the Client is not entitled to use the Product for commercial purposes, including introducing the Product to the market; (3) the Client is not entitled to transfer, sublicense, or authorize others to use the Product; (4) the Client is not entitled to copy, duplicate, modify, adapt, translate, decode, decompile, disassemble, or make any other attempts to interfere with the Product, unless necessary to ensure correct use under the Sales Agreement.
The Client’s use of the Product is possible for the period specified in the Sales Agreement.
Access to the Product is granted by sending digital content or a link (URL) enabling playback to the email address provided by the Client during the Order process.
PRODUCT REVIEWS
The Seller enables its Clients to post and access reviews about Products and the Online Store according to the terms specified in this point of the Terms and Conditions.
Posting a review by the Client is possible after using a form enabling adding a review about a Product or the Online Store. This form may be available directly on the Online Store page (including through an external widget) or provided via an individual link sent to the Client after purchase to their email address. When adding a review, the Service Recipient may also add a graphic rating or product photo if such option is available.
Adding reviews must not be used for unlawful actions, in particular actions constituting unfair competition or violating personal rights, intellectual property rights, or other rights of the Seller or third parties. By adding a review, the Client is obliged to act in accordance with the law, these Terms and Conditions, and good practices.
Reviews may be published directly on the Online Store site (e.g., with the Product) or on an external review service cooperating with the Seller.
The Seller ensures that published reviews come from its Clients who purchased the given Product. To verify this, the Seller takes measures such as verifying the reviewer’s status as a Client and purchase of the reviewed Product. Verification is done without undue delay.
The Seller sends Clients (including via the external review service) an individual link to the review form sent to their purchase email, so only Clients who bought the Product get access.
In case of doubts or complaints regarding a review’s origin or whether the Client bought the Product, the Seller reserves the right to contact the reviewer for clarification.
Any objections or appeals regarding review verification can be made using the complaint procedure in point 6.
The Seller does not post or commission false reviews or distort reviews to promote Products and provides both positive and negative reviews. The Seller does not provide sponsored reviews.
ILLEGAL CONTENT AND OTHER CONTENT VIOLATING THE TERMS
This point includes provisions arising from the Digital Services Act regarding the Online Store and Service Provider. Generally, the Service Recipient is not obliged to provide content when using the Online Store unless the Terms require certain data (e.g., order details). The Service Recipient may add reviews or comments using tools provided by the Service Provider and must comply with the Terms when providing content.
CONTACT POINT
The Service Provider designates the email address sklepstayclay@gmail.com as a single contact point. This contact point enables direct communication with authorities of EU member states, the European Commission, and the Digital Services Board and allows recipients (including Service Recipients) to communicate directly, quickly, and conveniently with the Service Provider electronically, for applying the Digital Services Act. Polish is the designated language for communication with the contact point.
Illegal Content Reporting Procedure and Compliance with Article 16 of the Digital Services Act:
Anyone can report the presence of certain information they consider Illegal Content to the Service Provider at sklepstayclay@gmail.com.
Reports must be sufficiently precise and substantiated. The Service Provider facilitates submitting reports containing the following: (1) a justified explanation of why the information is considered Illegal Content; (2) clear identification of the exact electronic location(s) of the information (e.g., exact URLs) and additional information for identification, if needed; (3) the name and email of the reporting person or entity, except for reports related to certain crimes under Directive 2011/93/EU; (4) a statement confirming the good faith belief that the report’s content is accurate and complete.
Such a report is considered sufficient for the Service Provider, acting with due diligence, to gain actual knowledge under Article 6 of the Digital Services Act about the information’s illegality, without detailed legal analysis.
If the notification includes electronic contact details of the person or entity making the report, the Service Provider shall, without undue delay, send a confirmation of receipt of the notification to that person or entity. The Service Provider shall also, without undue delay, inform that person or entity of its decision regarding the information subject to the notification, providing information about the possibility to appeal the decision made.
The Service Provider reviews all notifications it receives under the above-mentioned mechanism and makes decisions regarding the information subject to the notifications in a timely, non-arbitrary, and objective manner, exercising due diligence. If the Service Provider uses automated means to process or make decisions, it shall include information about this in the notification referred to in the previous paragraph.
Information on restrictions imposed by the Service Provider related to the use of the Online Store regarding content provided by Service Recipients:
Service Recipients are obliged to comply with the following rules when providing any content within the Online Store:
The obligation to use the Online Store, including posting content (e.g., reviews or comments), according to its intended purpose, this Terms and Conditions, and in a lawful and proper manner, respecting personal rights and intellectual property rights of the Service Provider and third parties;
The obligation to provide content that is factually accurate and not misleading;
Prohibition of providing unlawful content, including Illegal Content;
Prohibition of sending unsolicited commercial information (spam) via the Online Store;
Prohibition of providing content that violates generally accepted netiquette principles, including vulgar or offensive content;
The obligation to have – where necessary – all required rights and permissions to provide such content on the Online Store pages, in particular copyrights or required licenses, permissions, and consents for their use, dissemination, sharing, or publication, especially the right to publish and disseminate on the Online Store and the right to use and disseminate image or personal data when content includes images or personal data of third parties;
The obligation to use the Online Store in a manner that does not threaten the security of the Service Provider’s IT system, the Online Store, or third parties.
The Service Provider reserves the right to moderate content provided by Service Recipients on the Online Store. Moderation is conducted in good faith and with due diligence, either on the Service Provider’s own initiative or upon receiving a report, to detect, identify, and remove Illegal Content or other content inconsistent with the Terms and Conditions, or to block access to such content or take necessary measures to comply with EU law and national law consistent with EU law, including requirements set out in the Digital Services Act, or the Terms and Conditions.
The moderation process may be manual by a human or rely on automated or semi-automated tools facilitating the Service Provider’s identification of Illegal Content or other content inconsistent with the Terms and Conditions. Upon identifying such content, the Service Provider decides whether to remove it, block access, limit visibility, or take other necessary actions (e.g., contacting the Service Recipient to clarify objections and change the content). The Service Provider will clearly and understandably inform the Service Recipient who provided the content (if contact details are available) about the decision, reasons, and available appeal options.
While exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, objectively and proportionally, considering the rights and legitimate interests of all parties involved, including service recipients, especially fundamental rights recorded in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
Any comments, complaints, appeals, or objections concerning decisions or other actions or inactions taken by the Service Provider based on a received notification or decision made according to these Terms and Conditions may be submitted analogously to the complaint procedure described in point 6 of the Terms and Conditions. Using this procedure is free of charge and allows electronic submission to the provided email address. Utilizing this complaints and dispute resolution procedure does not prejudice the right of any person or entity to initiate court proceedings and does not affect their other rights.
The Service Provider considers all comments, complaints, appeals, or objections regarding decisions or other actions or inactions taken based on the notification or decision in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other notification provides sufficient grounds for the Service Provider to find that its decision not to act in response to the notification is unjustified, or that the information subject to the complaint is not illegal or inconsistent with the Terms and Conditions, or indicates that the complainant’s actions do not justify the measure taken, the Service Provider will promptly revoke or amend its decision concerning the removal or blocking of access to content or other visibility restrictions or take other necessary actions.
Service Recipients, persons, or entities that made notifications of Illegal Content and are the subject of the Service Provider’s decisions regarding Illegal Content or content inconsistent with the Terms and Conditions, have the right to choose any certified out-of-court dispute resolution body authorized by the member state’s Digital Services Coordinator to resolve disputes regarding these decisions, including complaints not resolved within the Service Provider’s internal complaint handling system.
FINAL PROVISIONS
Agreements concluded through the Online Store are concluded in Polish.
Changes to the Terms and Conditions:
The Service Provider reserves the right to make changes to these Terms and Conditions for important reasons, including: changes in legal regulations; changes in payment or delivery methods or deadlines; compliance with legal or regulatory obligations; changes in the scope or form of Electronic Services provided; adding new Electronic Services; necessity to counter unforeseen and direct threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Clients against fraud, malware, spam, data breaches, or other cybersecurity threats – to the extent these changes affect the implementation of the Terms and Conditions.
Notification of proposed changes will be sent at least 15 days before their effective date, except when changes are introduced without this period because the Service Provider: (1) is subject to legal or regulatory obligations requiring immediate changes; or (2) must exceptionally change the Terms to counter an unforeseen and direct threat related to the protection of the Online Store, Electronic Services, and Service Recipients/Clients from fraud, malware, spam, data breaches, or other cybersecurity threats. In these last two cases, changes take effect immediately, unless a longer implementation period is possible or necessary, which the Service Provider will notify about.
For ongoing contracts (e.g., Electronic Service – Account), the Service Recipient has the right to terminate the contract before the end of the notification period. Termination becomes effective 15 days after receiving the notification. For ongoing contracts, the amended Terms bind the Service Recipient if properly notified before the change date and if the contract is not terminated within the notice period. Additionally, after receiving the notification, the Service Recipient may accept the changes at any time and thus waive the remaining notice period. For non-continuous contracts, changes will not affect the Service Recipient’s rights acquired before the changes take effect, especially concerning already placed or executed orders and sales agreements.
If the change results in introducing new fees or increasing current fees, consumers have the right to withdraw from the contract.
Matters not regulated by these Terms are governed by generally applicable Polish law, particularly: the Civil Code; the Act on Providing Electronic Services of July 18, 2002; the Consumer Rights Act; and other applicable generally binding legal provisions.
MODEL WITHDRAWAL FORM (ANNEX NO. 2 TO THE CONSUMER RIGHTS ACT)