These Regulations define the rules for the sale of products offered by the szyszkadesign.pl store, owned by Joanna Barejka Szyszka Design, with its registered office at ul. Sikorki 2, 31-589 Kraków, NIP 6772403445 and REGON 364507903.

§ 1GLOSSARY

Capitalized terms used in the Regulations have the following meanings:

1. Szyszka Design – business activity consisting in the design and retail sale of products, conducted by Joanna Barejka Szyszka Design, with its registered office at ul. Sikorki 2, 31-589 Kraków, NIP 6772403445, REGON 364507903, no. Bank account number: 70 1140 2004 0000 3402 7876 7789, e-mail address: sklep@szyszkadesign.pl, contact number: 793112494, administrator of the online store www.szyszkadesign.pl.

2. Store/Website – the online store operated by Szyszka Design, available at www.szyszkadesign.pl, through which Szyszka Design s.c. provides Services within the meaning of these Terms and Conditions.

3. Terms and Conditions – these Terms and Conditions of the Online Store www.szyszkadesign.pl.

4. Service – mail order sales of home furnishings within the territory of the Republic of Poland and outside the Republic of Poland, carried out after the Ordering Party places an order.

5. Seller – Szyszka Design

6. Ordering Party – an entity with full legal capacity, using the Seller’s Services, authorized to collect the ordered products.

7. Agreement – ​​a sales agreement concluded between the Seller and the Ordering Party, under which the Seller undertakes to provide the Service, and the Ordering Party undertakes to collect the product and pay the price.

8. Supplier – a specialized entity dealing with the delivery of parcels. The Seller cooperates with the courier companies GEIS, DPD, and DHL, as well as with freight forwarders.

§ 2 GENERAL PROVISIONS

1. The Seller communicates with the Ordering Party via the contact form available on the website www.szyszkadesign.pl, by email, or by telephone. The Seller’s contact details are specified in § 1 of the Terms and Conditions. The cost of the call is in accordance with the tariff of the service provider whose telecommunications services the Ordering Party uses.

2. The Ordering Party uses the Seller’s Services via the Online Store www.szyszkadesign.pl.

3. All goods offered in the Store are brand new, unless otherwise stated.

4. The Seller is obligated to deliver a product free of defects.

5. The Store’s website is available in Polish, English, and German.

6. Each price stated for a product is a gross price, i.e., the price includes VAT.

7. Once the Ordering Party has placed an order, the price cannot be changed.

8. The Seller may change the price of goods offered in the Store only before the Ordering Party places an order. 9. The Seller may expand the Store’s offering by adding new goods.

10. The Seller may introduce price reductions and promotions. Some promotions are implemented via discount codes, which are made available by the Seller on the Website each time, subject to § 2, section 11 of the Terms and Conditions.

11. During promotional or discounted sales, the quantity of goods and the duration of the promotion or price reduction are limited, and orders are fulfilled in the order in which they are received. The promotion or price reduction ends when stocks run out or at a time specified by the Seller. The Seller will inform the Seller through the Store each time a promotion or price reduction is introduced or ended, as well as its duration.

12. By placing an order, the Ordering Party concludes an Agreement with the Seller, referred to in § 1, point 7 of the Regulations.

13. The Seller issues a receipt for each order confirming the conclusion of the Agreement. The receipt is always attached and sent with the ordered goods. At the Ordering Party’s request, the Seller issues a VAT invoice, which is also attached or sent by email.

14. The Seller is guided by the applicable code of good practice in its operations, in accordance with the Act of August 23, 2007, on Counteracting Unfair Market Practices.

§ 3 PLACING ORDERS

1. The Ordering Party places an order through the Store on the website www.szyszkadesign.pl.

2. To place an order, after selecting the goods, the Ordering Party is required to click the “ORDER” button.

3. After clicking the “ORDER” button, the Ordering Party is required to provide the following information:

First name;

Last name;
Email address;
Telephone number;
Street;
Building number;
Apartment number;
Zip code;
City;
Country;

optional:
Company name;
Taxpayer identification number;
4. The provision of personal data by the Ordering Party and continuation of the purchase constitutes a declaration that the data provided by them is accurate.

5. The Ordering Party declares whether they wish to receive a VAT invoice from the Seller with their order by checking or leaving the appropriate checkbox blank. If the Ordering Party orders a VAT invoice from the Seller, they are required to provide their address details, including the company name and Tax Identification Number (NIP) to which the VAT invoice will be issued.

6. If the Ordering Party is an active EU VAT payer, they may request a 0% VAT invoice. In such a case, they must contact the Seller by email.

7. If the order address is not located in an EU member state, payment through the Website is not possible. After the Ordering Party continues the purchase, the Seller will receive their address details. The Seller will determine the cost and delivery time of the goods to the order address and will contact the Ordering Party individually within 5 business days of placing the order on the Website to finalize the order.

8. After providing the information specified in § 3, section 3 of the Terms and Conditions, the Ordering Party may continue the purchase by clicking the “Continue” button. Except as described in § 3, section 6 of the Terms and Conditions and § 3, section 7 of the Terms and Conditions, the Ordering Party will be informed of shipping costs. Except as described above, after clicking “Continue” again, the Ordering Party may choose one of two payment methods: via Autopay or direct bank transfer.

9. After selecting the payment method, the Ordering Party completes the purchase by clicking the “Order and Pay” button.

10. The Seller reserves the right to further verify the order by email or telephone no later than 3 business days after placing the order. The Seller also reserves the right not to process the order if the Ordering Party has provided incomplete or false information, in accordance with § 3, section 3 of the Terms and Conditions, and will inform the Ordering Party accordingly, if possible.

11. After clicking the “Order and pay via” button, the Ordering Party is obligated to make the payment.

12. In the situation referred to in § 3, section 10, sentence 2 of the Terms and Conditions, the Seller will refund the paid funds within 7 days of notifying the Ordering Party that the order cannot be fulfilled.

13. The order is accepted upon receipt by the Seller of confirmation of positive authorization from the payment system.

14. If, after the Ordering Party has placed the order, the Seller determines that the ordered goods are unavailable, the Seller will immediately notify the Ordering Party by email or telephone. In such a situation, the Ordering Party may withdraw from the Agreement, and the funds transferred to the Seller will be refunded within 7 days of the date the Seller receives notification of withdrawal. The Ordering Party also has the option to express its willingness to fulfill the order within a time period individually agreed upon with the Seller.

15. The principles for processing the data indicated in § 3, paragraph 3 of the Regulations are described in § 8 of the Regulations.

16. Providing the data indicated in § 3, paragraph 3, points (a-j) of the Regulations is necessary for order fulfillment. Providing the data indicated in § 3, paragraph 3, points (l-m) of the Regulations is necessary for issuing a VAT invoice, of which the Ordering Party will be separately notified during the order placement process, at the stage referred to in § 3, paragraph 5.

§ 4 PAYMENTS

1. After placing the order, the Ordering Party is obligated to make payment for the ordered goods.

2. The Ordering Party shall pay for the ordered goods:

a) By bank transfer directly to the Seller’s bank account. Account number – 45249000050000453000180371;

b) By transfer via the online payment platform – Autopay S.A.;

c) online via payment card:

*Visa

*Visa Electron

*Mastercard

*Mastercard Electronic

*Maestro

d) by BLIK.

The online payment service provider is Autopay S.A.

3. The price indicated at the payment method selection stage is the final price, which includes VAT and delivery costs, except for the situations described in § 3.6 of the Terms and Conditions and § 3.7 of the Terms and Conditions.

§ 5 DELIVERY COSTS AND TIMES

1. Each product is assigned an order processing time. The order processing time is specified in business days and is counted from the date the Customer places the order until the date the ordered goods are shipped.

2. If the Customer orders goods with different processing times, the longest processing time binds the Seller.

3. The goods receipt date is the sum of the order processing time and the delivery time.

4. Delivery times are as follows:

a) Courier within Poland – 1 business day;

b) Courier outside Poland within the European Union – 2-4 business days;

c) Courier outside the European Union – determined individually.

5. Delivery is carried out on a curbside-to-curbside basis, meaning it does not involve placing the order.

6. In the event of unsuccessful order delivery, the Customer is obligated to pay for return delivery to the store and re-delivery to the delivery address (totaling twice the shipping cost, or in the case of free delivery, in accordance with the store’s delivery prices). The Customer will also be charged for product storage costs until the re-delivery date, at PLN 100 gross per commenced square meter per day, unless otherwise agreed.

7. Point 6 applies primarily to deliveries made using the Seller’s own transport or by an arranged individual freight forwarder, provided that the customer was informed of the delivery date by email and/or telephone at least one day in advance, and the delivery date does not deviate from the expected date by more than 10 business days.

8. Storage of the order at the Seller’s is subject to a fee of PLN 100 gross per commenced square meter per day, unless otherwise agreed. The Seller has the right to refuse to store products unless the delivery date deviates from the expected date by more than 10 business days and the Seller does not have sufficient storage space.

§ 6 OBLIGATIONS OF THE ORDERING PARTY

1. The Ordering Party is obligated to inspect the condition of the shipment and its contents in the presence of the Supplier.

2. If damage to the shipment is detected, the Ordering Party must perform the due diligence required by the provisions of the Act of November 15, 1984 – Transport Law (consolidated text: Journal of Laws of 2012, item 1173) to maintain the Supplier’s liability, and in particular, arrange for the Supplier to record the condition of the shipment and the circumstances of the damage.

3. The Ordering Party is obligated to acknowledge receipt of the shipment from the Supplier in writing.

4. Upon receipt, ownership of the goods and all risks associated with possession and use, in particular the risk of loss or damage, are transferred to the Ordering Party.

§ 7 COMPLAINTS PROCEDURE

1. The rights and obligations of the Ordering Party who is a consumer are specified in the Act of 30 May 2014 on Consumer Rights.

2. The Ordering Party may withdraw from the Agreement within 14 days without giving any reason and without incurring any costs.

3. The Ordering Party has the right to file a complaint.

4. If the Ordering Party withdraws from the Agreement or files a complaint, the correct address for returns or complaints is as follows: Szyszka Design, ul. Sikorki 2, 31-589 Kraków.

5. The withdrawal period begins upon receipt of the goods by the Ordering Party from the Supplier.

6. The Ordering Party may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller.

7. To meet the deadline referred to in § 7, section 3 of the Terms and Conditions, it is sufficient to send the declaration before its expiry.

8. In the event of withdrawal from the Contract in accordance with § 7 of the Terms and Conditions, the Contract is deemed not to have been concluded.

9. The Seller will, within 14 days of receiving the notice of withdrawal from the Contract, refund all payments made by the Ordering Party, including the costs of delivery.

10. The Seller will refund the payments using the same payment method used by the Ordering Party, unless the Ordering Party has expressly agreed to a different payment method that does not incur any costs for the Ordering Party.

11. If the Seller has not offered to collect the goods from the Ordering Party itself, the Seller may withhold the refund of payments received from the Ordering Party until the goods are received back or the Ordering Party provides proof of having sent them back, whichever occurs first.

12. If the Ordering Party has chosen a delivery method other than the least expensive standard delivery method offered by the Seller, the Seller is not obligated to reimburse the Ordering Party for any additional costs incurred.

13. The Ordering Party is obliged to return the goods to the Seller immediately, but no later than 14 days from the date on which they withdrew from the Contract, unless the Seller has offered to collect the goods themselves. To meet the deadline, it is sufficient to return the goods before its expiry. When returning the goods, the Ordering Party is obliged to properly

to protect the goods from damage.

14. The Seller is obligated to collect the goods at its own expense if, due to the nature of the goods, they cannot be returned by standard postal service. This does not exclude the Ordering Party’s obligation to return the goods properly protected from damage.

15. The Ordering Party is liable for any diminished value of the goods resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

16. The right to withdraw from the Contract in accordance with this section does not apply to the Ordering Party who has ordered non-prefabricated goods, manufactured according to the Ordering Party’s specifications, or intended to meet their individual needs. This applies to all products except for the sale and accessories sections.

17. In the event of withdrawal from the Contract, the Ordering Party must return the received VAT invoice along with the goods.

18. The Seller is liable to the Consumer under the terms of Article 556 of the Civil Code et seq. for physical defects (warranty).

19. In the case of a contract with a Consumer, if a physical defect is discovered within one year of delivery of the item, it is assumed to have existed at the time the risk passed to the Consumer.

20. If the sold item has a defect, the Consumer may:

A. submit a declaration requesting a price reduction;

B. submit a declaration of withdrawal from the contract; unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller, or the Seller has failed to fulfill the obligation to replace the item with a defect-free one or remove the defect, the Consumer is not entitled to have the item replaced or the defect removed.

21. Instead of the removal of the defect proposed by the Seller, the Consumer may request the replacement of the item with a defect-free item or, instead of replacing the item, request the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive costs, the value of the item free of defects, the type and significance of the identified defect, and the inconvenience to which the Consumer would be exposed under another method of satisfaction are also taken into account.

22. The Consumer cannot withdraw from the contract if the defect is insignificant.

23. If the sold item has a defect, the Consumer may also: A. request the replacement of the item with a defect-free item; B. request the removal of the defect.

24. The Seller is obligated to replace the defective item with a defect-free item or to remove the defect within a reasonable time without undue inconvenience to the Consumer.

25. The Seller may refuse to satisfy the Consumer’s request if bringing the defective item into conformity with the contract in the manner chosen by the Buyer is impossible or would require excessive costs compared to the other possible method of bringing the defective item into conformity with the contract.

26. If the defective item has been installed, the Consumer may demand that the Seller disassemble and reassemble it after replacing it with a defect-free item or removing the defect. However, the Consumer shall be obligated to bear a portion of the associated costs exceeding the price of the item sold, or may demand that the Seller pay a portion of the costs of disassembly and reassembly, up to the price of the item sold. If the Seller fails to fulfill this obligation, the Consumer is authorized to perform these activities at the Seller’s expense and risk.

27. A Consumer exercising warranty rights is obligated to deliver the defective item to the complaint address. If, due to the nature of the item or the manner of its installation, delivery of the item by the Consumer would be excessively difficult, the Consumer is obligated to make the item available to the Seller at the location where the item is located. If the Seller fails to fulfill this obligation, the Consumer is authorized to return the item at the Seller’s expense and risk.

28. The Seller is not liable for:

defects resulting from circumstances beyond the Seller’s control;

defects resulting from improper use, care, and maintenance;

damage and defects resulting from attempted modifications made by the customer;

damage resulting from improper placement of the product (on an unlevel surface, in the immediate vicinity of heating elements);

discoloration caused by exposure to sunlight;

damage caused by the use of chemicals;

damage and deformation caused by placing hot, cold, or heavy objects directly on the table surface;

Damage and defects caused by inappropriate humidity levels in the room; this includes damage such as cracks, crevices, surface changes, unevenness, and warping;

Damage resulting from prolonged contact with water;

Damage caused by improper transport by the customer or the courier company (in the case of damage by the courier company, a report must be completed with the courier);
Damage and defects that the customer became aware of when purchasing the product;
Changes resulting from everyday use;
Natural changes in the wood structure and color;
Natural anatomical elements of the wood structure (heartwood, sapwood, rays, grain, knots, cracks, and others);
Spots and minor defects indicating deliberate styling of the furniture by the Seller, resulting, for example, from wood aging technology, the joining of components, or the nature of handmade furniture;
Natural defects.
29. The Seller will review complaints promptly, no later than 14 days from the date of receipt of the complaint.

30. After reviewing the complaint, the Seller will inform the Ordering Party of its position via email or telephone.

31. The Seller will replace damaged goods with defect-free ones. However, if this is not possible, the Seller will refund the Customer the costs incurred or offer another product available in the Store.

§ 8 PRIVACY POLICY

1. Joanna Barejka Szyszka Design, with its registered office at ul. Sikorki 2, 31-589 Kraków, REGON 364507903, NIP 6772403445, email address: sklep@szyszkadesign.pl (hereinafter: Szyszka Design), collects data from individuals purchasing goods offered in the store operated via the szyszkadesign.pl website (hereinafter: Personal Data).

2. The collection, storage, and other processing of Personal Data is carried out in accordance with applicable law, including in particular the Personal Data Protection Act of 10 May 2018 (hereinafter referred to as the Act) and the Regulation of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter referred to as the GDPR).

3. The Personal Data Controller is Joanna Barejka.

4. Personal data will be processed for the purpose of performing the contract for the sale of goods offered by the online store operated by Szyszka Design. The legal basis for processing is Article 6.1(b) of the GDPR.

5. The recipients of personal data will be Szyszka Design and its employees, associates, and subcontractors.

6. Personal data will not be transferred to a third country/international organization.

7. Personal data will be stored for the limitation period for claims to which Szyszka Design is entitled in connection with the sale of a given product, but for no less than 3 years.

8. You have the right to access your Personal Data and the right to rectify, erase, restrict processing, the right to transfer Personal Data, the right to object, and the right to withdraw consent at any time without affecting the lawfulness of processing (*if processing is based on consent), which was carried out on the basis of consent before its withdrawal.

9. You have the right to lodge a complaint with the competent supervisory authority, i.e., the Inspector General for Personal Data Protection or the President of the Personal Data Protection Office, if you believe that the processing of your Personal Data violates applicable law, in particular the Act and the GDPR.

10. Providing Personal Data is necessary to purchase goods offered in the store operated via the szyszkadesign.pl website. Failure to provide Personal Data will result in the inability to purchase such goods.

11. Your personal data will not be processed in an automated manner, including profiling.

12. Szyszka Design uses Google Analytics. Google Analytics uses COOKIES technology. The website records fully ANONYMOUS information, including the behavior of users using szyszkadesign.pl, their approximate location, and the browser used. This data is collected for statistical purposes and allows Szyszka Design to improve the quality of its services. Google Analytics does not collect ANY Personal Data and does not identify users.

§ 9 FINAL PROVISIONS

1. The Ordering Party acknowledges that some of the products offered are handmade, which makes it impossible to faithfully reproduce their appearance. These differences may include color, shape, or pattern.

2. Dimensional tolerances: Due to the processing, leveling, and fitting of wooden elements, the dimensions of the finished product may differ from the nominal values ​​by up to 2%. If a product requires dimensions with a lower error, the Buyer must contact the ordering party at the latest at the time of ordering. Failure to indicate such a need will result in the order being cancelled.

The tolerances specified by the manufacturer are met, and if these tolerances are maintained, the Consumer has no right to file a complaint regarding dimensional discrepancies.

3. Natural Wood Defects: All defects in natural wood related to the characteristics of this material, such as knots, localized cracks, knot holes, and any other defects, have a significant impact on the appearance and individual character of the products and are not considered a product defect unless otherwise agreed upon individually with the Buyer.

4. Wood Effects: The products are made of solid wood. This natural material tends to change its volume and shape under the influence of external factors – primarily fluctuations in air humidity. This process is very long and depends on a number of factors to which the wood is subjected during use. The wood from which the furniture is made has been subjected to appropriate seasoning/drying processes that adapt it to indoor use. However, slight deformation and surface cracking are normal and natural. Wood-related phenomena are not considered grounds for complaint unless they significantly impair the usability of the furniture. The consumer is obligated to maintain a temperature between 18-23 degrees Celsius and a relative humidity of 40-65% in the room where the wooden product is stored. The manufacturer is not liable for deformations resulting from: – storing and using the product in a room with an inappropriate humidity level; this includes damage such as large cracks, gaps, surface changes, unevenness, or warping; – placing the furniture in close proximity to heat sources such as stoves, fireplaces, radiators, or ovens; – placing hot, cold, or heavy objects directly on the furniture surface; – exposing the furniture to prolonged contact with water or other liquids; – placing the furniture on an uneven surface (the wood will adjust to the unevenness); – storing the furniture unpacked for longer than 10 days; – storing the furniture in inappropriate conditions during transport.

5. The buyer should unpack the shipment immediately upon receipt. Failure to unpack solid wood products may negatively impact their properties, including surface cracking due to insufficient humidity and air circulation.

6. Wood may change color when exposed to sunlight, which is a natural process and does not constitute grounds for complaint.

7. Maintenance and Terms of Use: A. The Seller undertakes to provide the Buyer with instructions for use, which the Consumer is obligated to review immediately. The Seller excludes liability for any use of the product not in accordance with the instructions provided. B. The Consumer should periodically maintain the product by applying a suitable product 1-2 times a year. This product is not included with the purchased product. All information regarding the product and the maintenance method will be included in the instructions for use. Any defects resulting from lack of product maintenance are not grounds for complaint.

8. Product photos displayed on the website, unless otherwise stated, are for illustrative purposes only. This means that these photos do not represent finished products offered for sale, but rather represent examples of products that can be manufactured by the Seller upon the Buyer’s individual order. Therefore, the actual appearance and color of the products vary for each order and may differ from those presented in the photos.

9. Photos showing countertop colors are for illustrative purposes only. This is due to differences in color display on various devices/screens and color distortion caused by cameras. The Seller undertakes to make every effort to ensure that the colors shown on the website differ as little as possible from the actual ones. To obtain a more accurate color image, it is recommended to order color samples, which are available from the Seller. Please note that the color on the sample may also differ slightly from the color of the finished product due to differences in wood texture.

10. The Buyer is obligated to accept the ordered goods and pay for the ordered goods in accordance with the Terms and Conditions. The Buyer may refuse to accept the ordered goods only if damage is detected upon receipt.

11. All information, product images, and manufacturer trademarks are protected by copyright. They may not be copied, distributed, or used for commercial or presentation purposes without the owners’ consent.

12. These Terms and Conditions are effective from the moment of their publication on the Store’s website.

13. The Seller reserves the right to make changes to these Terms and Conditions. The Seller will inform the Seller of any changes to these Terms and Conditions.

e via the Store’s website.

14. The Ordering Party may access the Terms and Conditions without incurring any additional fees. The Terms and Conditions are available on the Store’s website in the “Terms and Conditions” tab.

15. Publication of the Terms and Conditions elsewhere than on the Website requires the Seller’s written consent.

16. The Ordering Party may retain the Terms and Conditions by copying or printing them at any time.

17. In the absence of appropriate provisions in the Terms and Conditions governing a given issue, the provisions of Polish law shall apply, including in particular the Act of 23 April 1964 – the Civil Code (consolidated text: Journal of Laws of 2014, item 121) and the Act of 30 May 2014 on Consumer Rights.

18. If a court or other competent authority rules that a provision of these Terms and Conditions is inconsistent with Polish law or principles of social coexistence, the provisions of Polish law will apply in place of the conflicting provision of these Terms and Conditions, including in particular the Act of 23 April 1964 – the Civil Code (consolidated text: Journal of Laws of 2014, item 121) and the Act of 30 May 2014 on Consumer Rights. The provisions of these Terms and Conditions that have not been ruled inconsistent with Polish law or principles of social coexistence remain in force and effective.

19. The parties will resolve any disputes arising from these Terms and Conditions amicably. In the absence of an amicable resolution, the court with jurisdiction over the defendant’s place of residence or registered office will be the competent authority to resolve the dispute. Placing an order constitutes acceptance of these Terms and Conditions.