The regulations of the Roll Shaper online store

privacy-policy

§ 1

Definition of terms

Whenever in this document there is a mention of:

  1. Price – this refers to the gross value, including value-added tax and excise tax, if applicable, expressed in euro, which the Customer is obliged to pay to the Seller for the subject of the Agreement.
  2. Business days – this refers to the days from Monday to Friday, excluding statutory non-working days.
  3. Payment service providers – this refers to the entities indicated in the Store that are payment institutions within the meaning of the Act of 19 August 2011 on payment services, through which the Customer can make payment of the Price.
  4. Customer – this refers to a natural person, a legal person, or an organizational unit that has legal capacity according to the civil code.
  5. Seller – this refers to the entity operated by Izabella Michalak conducting business under the trade name Rollen Polska – Studio Figura Izabella Michalak, with its registered office in Lusówko, 56 Wiazowa Street, 62-080 Tarnowo Podgórne, Tax Identification Number (NIP) 7831266218, National Business Registry Number (REGON) 300224173.
  6. Account – this refers to the account in the Service that allows the Customer to conclude the Agreement.
  7. Shopping Cart – this refers to a visually and functionally distinct part of the Store where the detailed terms on which the Parties conclude the Agreement are presented.
  8. Store – this refers to the online store operated at the following address: https://rollshaper.com/. A change of the Store’s address does not constitute a change to the Terms and Conditions and will be communicated through the Store.
  9. Promotions – this refers to all actions of the Seller that contribute to an increase in demand for Goods and Services offered in the Store. The specific terms of a particular Promotion are determined by the Seller on the Card, in the Cart, within the Store, or in a separate regulation of that Promotion.
  10. Terms and Conditions – this refers to the present terms and conditions.
  11. Legal Service – this refers to the login service as defined in the Usage Terms.
  12. Parties – this refers to the Seller and the Customer.
  13. Goods – this refers to the products offered through the Store.
  14. Agreement – this refers to the Sales Agreement.
  15. Order – this refers to the Customer’s declaration of intent submitted using the Form to conclude the Agreement with the Seller.
  16. Form – this means a visually and functionally distinct part of the Store, through which the Customer makes a choice, based on options provided by the Seller, of the detailed terms of the Agreement.

§ 2

Obligatory Information

  1. The Terms and Conditions define the rules for the provision of electronic services by the Seller and the conclusion and execution of Agreements by the Parties.
  2. Subject to the applicable legal provisions, by entering into the Agreement, the Customer thereby declares that they have familiarized themselves with the content of the Terms and Conditions.
  3. To avoid any doubt, the completion and submission of the Form by the Customer shall be considered as making an offer within the meaning of Article 66 and 661 of the Civil Code, the content of which supplements the provisions of the Terms and Conditions, and the Agreement is concluded upon the Customer’s declaration to the Seller of accepting the offer. The information contained in the Store, including on the Cards, Forms, or in the Cart, is an invitation to enter into a contract, in accordance with Article 71 of the Civil Code.
  4. The Seller may change the Terms and Conditions at any time by making a new version available in the Service. The change takes effect from the 1st day following the replacement of the old Terms and Conditions with the new ones, unless the new Terms and Conditions specify a later effective date for the change.
  5. The Customer may use electronic services or enter into Agreements through a specific individual authorized by them. It is presumed that such an individual has been authorized by the Customer for all actions taken in the Store, including making legally binding statements on behalf of the Customer. In the event that an Agreement between the Parties is concluded using an electronic service account by the Customer, it is then presumed that the individual using such an electronic service has been authorized by the Customer for this purpose.
  6. The Seller provides the following electronic services to the Customer within the scope of the Store:
    1. Account;
    2. Configurator;
    3. Form.
  7. All electronic services are provided free of charge.
  8. The condition for the Customer to use electronic services is the fulfillment of the following technical requirements by the Customer’s equipment necessary for cooperation with the telecommunications system used by the Seller:
    1. For electronic services such as the Account and Form, using the current version of one of the below-listed internet browsers:
      • IE version 11 and higher,
      • Edge version 12 and higher,
      • Firefox version 54 and higher,
      • Chrome version 51 and higher,
      • Safari version 10 and higher,
      • Opera version 38 and higher.
  9. The Customer is prohibited from providing content of an unlawful nature as part of using electronic services.
  10. The conclusion of an agreement for the provision of the electronic service Account is necessary for the conclusion of the Agreement.
  11. The agreement for the provision of the electronic service Form is concluded each time with the addition of the first item of the Agreement to the Cart and ends with the conclusion of the Agreement or the Customer’s cessation of using this electronic service before the conclusion of the Agreement.
  12. In order to conclude the Agreement, the Customer should:
    1. choose the Publication offered in the Store within individual Cards and add this Publication to the Cart;
    2. fill out the form;
    3. create an Account or log into the Account if they already have one;
    4. place an Order.
  13. The Customer can contact the Seller at the address indicated in point 1 above, at the phone number +48 577 662 007 (from Monday to Friday, between 9:00 AM and 5:00 PM) or at the email address: sales@studiofigura.com.pl.
  14. Basic information and regulations regarding the protection of personal data are included in Appendix 1 to these terms and conditions. Details regarding data processing within the Service can be found in the Privacy Policy.
  15. Any comments regarding the functioning of the Service and products featured in the Service should be submitted in writing to the address provided in point 1 above. The Seller, within 60 days from the date of receiving a complaint, will respond to the complaint and inform the Customer about the further process.
  16. Creating an Account in the Service is possible after reviewing the content of these Terms and Conditions and accepting them.
  17. Deleting the Account results in the termination of membership in the Service.

§ 3

The rules for entering into agreements

  1. In order to conclude the Agreement, the Customer should:
    1. choose a Publication offered in the Store within individual Cards and add this Publication to the Cart;
    2. fill out the form;
    3. create an Account or log into the Account if they already have one;
    4. place an Order.
  2. An order is considered placed correctly if all the necessary information allowing the proper identification of the Customer is provided in the Form, including, in particular, the contact phone number and email address, as well as any data necessary for the correct fulfillment of the Agreement by the Seller and the issuance of an accounting document confirming the conclusion of the Agreement.
  3. The Seller reserves the right to:
    1. Verify the data contained in the Form;
    2. Refuse to accept the Order;
    3. Terminate or withdraw from the Agreement in situations specified in the applicable legal regulations, in binding separate regulations or general contract terms, or in situations specified in these Terms and Conditions.
  4. In the event of refusal to accept the Order, the Seller informs the Customer by sending an electronic message to the Customer’s email address provided in the Form, containing the appropriate statement, and, to the extent possible, the reason for making this statement.
  5. Unless otherwise provided in the Terms and Conditions, upon acceptance of the Order by the Seller, the Agreement is concluded, the subject of which are Goods and/or Services covered by the Form.
  6. Upon the conclusion of the Agreement, the Seller notifies the Customer by sending an electronic message to the Customer’s email address provided in the Form, containing confirmation of all essential terms of the Agreement.
  7. Each order that is correctly placed by the Customer and accepted by the Seller receives a unique code allowing for the identification of the Order and the Customer.

§ 4

Performance of contracts

  1. The execution of the Agreement by the Seller will occur within the time frame indicated on the Card, in the Cart, or in the Form, with the reservation that the day on which the Agreement or Agreement of were concluded is not included in the deadlines.
  2. Due to reasons beyond the control of the Seller, the deadlines for the execution of the Agreement may be extended. The Seller will inform the Customer by phone or by email about the new deadline for its execution.

§ 5

Methods of delivering goods

  1. The methods of delivery of Goods by the Seller, including the deadlines and costs applicable to a specific delivery method, are specified on the Cards, in the Cart, or in the Form. In cases where the delivery of Goods is carried out by third parties, the Seller, from the moment of handing over the Goods to such a third party, shall not be liable for the observance of the delivery deadline by them.
  2. The Seller may stipulate that the Customer, before entering into the Agreement, should make payment of the Price and any other costs, if due from the Customer, within a specified period. In such a case, the Agreement is concluded when the Seller’s bank account is credited with the full amount of the Price and other costs. In the event of the ineffective expiration of the payment deadline by the Customer for the Price and other costs, it is considered that the Customer has refused to accept the Order, and the Agreement is not concluded.
  3. Available delivery methods:
    1. Courier delivery by Raben,
    2. Courier delivery by DHL,
    3. Self-pickup,
    4. Another shipping method agreed individually with the Customer.
  4. At the time of placing an order, the Customer is informed about the cost of the chosen delivery method.
  5. The cost of shipping is the responsibility of the Customer. The costs vary depending on the destination country and are specified on the Cards, in the Cart, or in the Form.
  6. Goods are shipped in special crates. The cost of each crate is 175 euro and is borne by the Customer.
  7. Delivery is made to the address provided by the Customer; the authorization of the person receiving the shipment at that address will not be verified. If delivery is impossible or hindered due to the provision of an incorrect address or an address that has become incorrect, or if the delivery is not accepted at that address or is not promptly received there, the Customer is responsible for this.
  8. The Seller is obligated to issue the Customer an accounting document confirming the conclusion of the Agreement.

§ 6

Promotions

  1. Unless otherwise stated in the specific terms of a particular Promotion:
    1. It is not combinable with other Promotions.
    2. The Seller reserves the right to make ongoing changes to the terms of Agreements concluded within the framework of the Promotion, including changes in Prices.
    3. The Seller reserves the right to cancel or suspend the Promotion.
  2. The right mentioned in paragraph 1, point b) does not affect the execution of Agreements concluded before its entry into force.

§ 7

Payment methods, payment due dates

  1. The Customer can choose the following payment methods for ordered products – STRIPE operator, through which the following payment methods are available:
    1. bank transfer;
    2. payment card.
  2. When choosing any of the payment methods specified in paragraph 1 above, the Customer bears the associated costs.
  3. The payment must be made within 7 days from the date of placing the order. If the Customer does not make the payment for the order within 7 days from the order date, the order will be canceled, and the Customer will receive an email notifying them of the order cancellation.
  4. The rules for using discount codes (resulting in a reduction in the price of products) are determined by the Seller at the time of issuing the discount codes.
  5. The delivered product remains the property of the Seller until the Customer makes full payment of the price.
  6. The method of payment for the Price and the costs of delivering Goods is determined by the Seller on the Card or in the Cart.
  7. In the event that the Seller is temporarily out of stock of the Product and the order of the Customer cannot be executed because of this, the Seller will inform the Customer by delivering Goods at the terms and conditions approved by the Provider, the Customer is obligated to accept it.

§ 8

Right of withdrawal

  1. The Seller, in accordance with the applicable legal provisions, is liable to the Customer who is a Consumer for the non-conformity of the Goods or Services with the Agreement.
  2. Hereby, the liability of the Seller as specified in paragraph 1 above is excluded in relation to the Customer who is not a Consumer.
  3. The Customer cannot withdraw from the Agreement if the non-conformity of the Goods with the Agreement is immaterial.

§ 9

Complaint Procedure for Goods

  1. The returned goods should be sent by the Customer to the address: Wysogotowo, ul. Skórzewska 26, 62-081.
  2. The return of the goods should include any dedicated accessories.
  3. The Customer is responsible for any decrease in the value of the purchased goods resulting from using the goods in a way that goes beyond what is necessary to determine the nature, characteristics, and functioning of the goods. The goods must be returned in their original packaging.
  4. The return of the goods should take place promptly along with the submission of the withdrawal statement. Return of goods via cash-on-delivery shipments will not be accepted (such shipments will not be collected, and therefore, the goods will be considered as not returned).
  5. In the first step, specify the reason for the return or the order number being returned. Then, provide the sender’s details for the returned order.
  1. The cost of returning the goods as per section 6 above is borne by the Customer.
  2. The refund of the price paid by the Customer will be made by the Seller, within 14 days from the date of receiving the Customer’s declaration of withdrawal from the agreement. The refund will be made via a bank transfer to the bank account number specified by the Customer.
  3. The Seller does not verify from which bank account payment for the products ordered on the Website was made. Such verification is also not carried out before the refund of the product price.
  4. The right of withdrawal does not apply to the Customer in the cases specified in the provisions of the Act of May 30, 2014, on consumer rights, i.e., in the case of an agreement:
  5. in which the subject of performance is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy individualized needs;
  6. in which the subject of performance is an item that is liable to deteriorate rapidly or has a short shelf life;
  7. in which the subject of performance is an item delivered in sealed packaging, which if opened, returns the right of appeal provided due to health protection or hygiene reasons and after opening the packaging it is not suitable for return due to health protection or hygiene reasons;
  8. in which the subject of performance is an item that is, after delivery, inseparably mixed with other items;

One should not adhere to the instructions provided on the packaging or containers. The Seller is bound with all information or consequences of using products not in a manner inconsistent with these instructions for the use of goods included or following the instructions for the appropriate use of the product.

Complaints received after the time the Customer is responsible for document confirming the conclusion of the Agreement.

§ 10 Intellectual Property

  1. The Customer declares that they do not have any rights, including copyright or related rights, to the Reviews and statements posted by them, except for the right to use the Online Store as specified in the Regulations. The Customer is not authorized to record, duplicate, share, make public, or disseminate the content in any way.
  2. The Customer is not authorized to interfere with the content, in particular, they are not authorized to interfere with the content, structure, form, graphics, functionality, or other elements of the Online Store.
  3. By posting Reviews in the Online Store, the Customer, to the extent that the Reviews qualify as works within the meaning of the Act of February 4, 1994, on copyright and related rights, grants the Seller an exclusive, free of charge, non-temporal, and non-territorial license to use these works. This license also includes the right for the Seller to sublicense them to the Seller’s Partners, covering the public distribution of the work in such a way that anyone can access it at a place and time of their choosing (the Internet). The license is granted with respect to all fields of exploitation known at the time of its granting, in particular, including the following fields of exploitation:
    1. in terms of recording and reproducing the work by any technique – including but not limited to printing, reprography, magnetic recording, digital recording, using any techniques on any audiovisual or visual medium, especially on audiovisual discs, CD-ROMs, computer disks, multimedia networks, including online and related online services, as well as reproducing, recording, using on the Internet, in advertising, duplicating the electronic recording in computer memory, and in both internal and external networks,
    2. using the entirety or parts, or any elements of the work, with the possibility of making modifications inherent to a given internet medium – in all publications, especially online, digital, in newsletters and information, either independently or in conjunction with other works or excerpts from works; using in its entirety or in part for promotional and advertising purposes, especially in the form of audiovisual, audio, and media advertising,
    3. in terms of trading in the original or copies on which the work is fixed – introducing into circulation, lending, leasing the original or copies,
    4. in terms of disseminating the work in a manner other than specified above – public performance, exhibition, display, reproduction, broadcasting, rebroadcasting, as well as public availability of the work in a way that allows anyone to access it at a location and time of their choosing,
    5. using the works for promotional and marketing purposes.
  4. The deletion of the Account by the Customer or Reviews in accordance with Chapter 9, point 8, does not affect the validity of the above license.

§ 11

Final Provisions

  1. In the event of a change or cancellation of any of the provisions of this Regulations by a competent authority or court decision, the remaining provisions remain in force and bind the Seller and the Customer.
  2. These law is the governing law for the resolution of any disputes related to the Regulations and the Polish disputes will be settled by the court having jurisdiction over the Seller’s location.
  3. These Regulations come into effect on October 31, 2023.