Terms of service
This regulation defines the terms and conditions for using the Store, including, among others, the rules for concluding sales contracts through the Store, the most important information about the Seller, the Store, and Consumer rights. It is addressed to both consumers and entrepreneurs, provided that not all provisions of the Regulations apply to both groups of Customers.
The online store "Loves Studio" available at: https://loves-studio.com/, is operated by: Zuzanna Włodarz, conducting business under the name: Zuzanna Włodarz, ul. Kazimierza Pułaskiego 13/6, 30-305 Kraków, NIP: 6762667935, REGON: 528507405.
The administrator of personal data processed in the Store in connection with the implementation of the provisions of the Regulations is the Seller, i.e., Zuzanna Włodarz, conducting business under the name: Zuzanna Włodarz, ul. Kazimierza Pułaskiego 13/6, 30-305 Kraków, NIP: 6762667935, REGON: 528507405.
Information on the purposes, principles, legal grounds, and periods of personal data processing can be found in the Privacy Policy and Cookies Policy published on the Store's website (links to the aforementioned documents are available in point 13 of the Regulations). Making purchases, creating an account in the Store, as well as providing personal data on the Store's website is voluntary.
Table of Contents:
1. Definitions
2. Contact with the Seller
3. Technical requirements
4. Shopping in the Store
5. Account
6. Payments
7. Order fulfillment
8. Right to withdraw from the contract
9. Exceptions to the right to withdraw from the contract
10. Complaints
11. Personal data
12. Reservations
13. Links
1. Definitions
1.1. Consumer – a consumer within the meaning of the Civil Code provisions;
1.2. Account – an electronic service in the form of a data set collected in the IT system of the Service Provider, which is individually accessed and protected by login and password set by the Service User;
1.3. Privileged Buyer – a Consumer or Privileged Entrepreneur;
1.4. Privileged Entrepreneur – a natural person entering into a contract with the Seller directly related to their business activity, but not having a professional nature for them;
1.5. Regulations – these regulations;
1.6. Goods/Product – a movable item listed on the Store's Website for sale, constituting the subject of the Sales Agreement concluded between the Customer and the Seller;
1.7. Content/Contents – textual, graphic, or multimedia elements, including works within the meaning of the Copyright Act and related rights, as well as images of natural persons disseminated within the Online Store by the Seller, the Seller's contractors, the Customer, or another person using the Online Store;
1.8. Privacy Policy – an information document containing the principles of personal data processing, available on the Online Store's website;
1.9. Cookies Policy – an information document on the analytical and tracking tools used on the Store's Website;
1.10. Store/Online Store/Loves Studio – the Loves Studio online store operated by the Seller at https://loves-studio.com/;
1.11. Seller – an entrepreneur entered in the Central Registration and Information on Business conducted by the Minister competent for the economy and conducting the Central Registration and Information on Business:
Zuzanna Włodarz, conducting business under the name: Zuzanna Włodarz, ul. Kazimierza Pułaskiego 13/6, 30-305 Kraków, NIP: 6762667935, REGON: 528507405;
1.12. Website – the website under which the Loves Studio Store operates, i.e.: https://loves-studio.com/;
1.13. Sales Agreement – a sales agreement concluded between the Customer and the Seller;
1.14. Electronic Service – an electronic service provided via the Store's Website by the Service Provider to the Service User. It is also indicated that this service is not Goods/Product;
1.15. Service User – a natural person with full legal capacity, as well as in cases indicated by law a person with limited legal capacity, as well as a legal person and an organizational unit without legal personality, to which the law grants legal capacity, using the Electronic Service;
1.16. Service Provider – the Online Store;
1.17. Order – a declaration of will of the Customer expressed via the Store's Website, directly aimed at concluding the Sales Agreement for Goods;
1.18. Act on the provision of services by electronic means – the Act of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended);
1.19. Consumer Rights Act – the Act of May 30, 2014 (Journal of Laws 2014 item 827, as amended).
2. Contact with the Seller
2.1. Postal address: ul. Kazimierza Pułaskiego 13/6, 30-305 Kraków;
2.2. Store's email address: contact@loves-studio.com;
2.3. Phone: +48784154776;
2.4. Address for returning goods (in case of withdrawal from the contract): ul. Kazimierza Pułaskiego 13/6, 30-305 Kraków;
2.5. Address for sending the advertised goods: Kazimierza Pułaskiego, 13/6, 30-305 Kraków, Poland;
3. Technical requirements
3.1. For the proper functioning of the Store, the following are needed: - A device with internet access; - An internet browser supporting JavaScript and cookies.
3.2. To place an order in the Store, in addition to the requirements specified in sec. 1, an active email account is necessary.
4. Shopping in the store
4.1. The prices of goods visible in the Store are in Polish currency, include VAT, and are the total prices for the Goods.
4.2. The Seller indicates that the total price of the order consists of the price for the Goods indicated in the Store and, if applicable, the cost of delivery of the Goods.
4.3. The availability of Products depends on stock levels. The Customer is informed about the availability of Products at the time of placing the order. The selected Goods (available in the Store's stock) should be added to the basket in the Store.
4.4. Then the Buyer selects from the available in the Store: the delivery method of the Goods and the payment method for the order, and provides the necessary data to fulfill the placed order.
4.5. The order is placed at the moment of confirming its content and accepting the Regulations by the Buyer.
4.6. Placing an order is tantamount to concluding a sales contract between the Buyer and the Seller.
4.7. To place an order, it is not necessary to use the Electronic Service, i.e., it is not necessary to create an Account.
4.8. The Seller will provide the privileged Buyer with confirmation of the conclusion of the sales contract on a durable medium no later than at the time of delivery of the goods.
5. Account
5.1. Creating an Account in the Store is possible after completing the registration form available on the Store's Website, accepting the Regulations, and clicking the "Register" button.
5.2. The data necessary for Account registration are the email address and password for the Account.
5.3. The electronic service in the form of an Account is a service provided by the Service Provider free of charge and for an indefinite period.
5.4. The Service User can resign from the Electronic Service at any time.
5.5. The resignation from the Electronic Service is done by informing the Service Provider of such intention by email, sent to: contact@loves-store.com.
6. Payments
6.1. The placed order can be paid for, depending on the Buyer's choice, via the payment platform: - PayPal - Stripe - Przelewy24
6.2. In the case of choosing the payment via the Przelewy24 payment platform, the entity providing online payment services is PayPro S.A.
6.3. In the case of the Buyer's prepayment (before the delivery of the Goods), the order must be paid for within 4 business days from placing the order. Failure to pay within the specified period allows the Store to withdraw from the contract and cancel the order within 7 days from the ineffective expiry of the payment period.
6.4. The Seller informs that for some payment methods, due to their nature, it is possible to pay for the order only directly after placing the order.
6.5. By making purchases in the Store, the Buyer accepts the use of electronic invoices/receipts by the Seller. The Buyer has the right to withdraw their acceptance.
6.6. Available payment methods that can be used for payment: - Payment cards: - Visa; - Visa Electron; - MasterCard; - MasterCard Electronic; - Maestro.
6.7. In case of the need to refund funds for a transaction made by the Customer using a payment card, the seller will refund the funds to the bank account assigned to the Customer's payment card within 14 calendar days from the date of the reason for the refund.
7. Order fulfillment
7.1. The Seller is obliged to deliver the goods without defects.
7.2. The order fulfillment period is 4 business days from the date of concluding the contract. During special promotional campaigns, the order fulfillment period may extend to 14 business days from the date of concluding the contract.
7.3. If the Buyer has chosen prepayment for the order, the Seller will proceed with order fulfillment after payment and the funds have been credited to the Seller's bank account.
7.4. The goods are delivered within the European Union.
7.5. In the case of choosing the payment method by bank transfer or payment card, the order fulfillment period is counted from the day the Seller's bank account or settlement account is credited.
7.6. The goods purchased in the Store are delivered, depending on the chosen delivery method by the Buyer, in the following ways: - to InPost parcel lockers, - via InPost Courier service - DPD Pickup - via DPD Courier service - DHL Pickup - via DHL Courier service
8. Right to withdraw from the contract
8.1. The privileged Buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to sec. 9 of the Regulations, within 14 days without giving any reason.
8.2. The deadline to withdraw from the contract expires after 14 days from the day: - on which the privileged Buyer acquires possession of the goods or on which a third party other than the carrier and indicated by the privileged Buyer acquires possession of the goods; - on which the privileged Buyer acquires possession of the last item or on which a third party, other than the carrier and indicated by the privileged Buyer, acquires possession of the last item in the case of a contract requiring the transfer of ownership of multiple items delivered separately.
8.3. To exercise the right to withdraw from the contract, the privileged Buyer must inform the Seller, using the contact details provided in sec. 2 of the Regulations, of their decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or information sent by email).
8.4. The privileged Buyer may use the model withdrawal form available at the end of the Regulations, but it is not obligatory.
8.5. To meet the withdrawal deadline, it is sufficient for the privileged Buyer to send information regarding the exercise of their right to withdraw from the contract before the withdrawal period has expired.
CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT
8.6. In case of withdrawal from the Contract, the Contract is considered null and void. After withdrawal from the Contract, the Seller returns to the privileged Buyer all payments received from them, including the costs of delivering the goods (except for additional costs resulting from the privileged Buyer's chosen delivery method other than the cheapest standard delivery method offered by the Seller), without undue delay, and in any event no later than 14 days from the day on which the Seller was informed about the privileged Buyer's decision to exercise the right to withdraw from the contract.
8.7. The refund will be made by the Seller using the same payment methods that were used by the privileged Buyer in the original transaction unless the privileged Buyer agrees to another solution; in any event, the privileged Buyer will not incur any fees related to this refund.
8.8. The Seller may withhold the refund until they have received the goods back or until they have provided evidence of having sent back the goods, whichever is the earlier.
8.9. The Seller asks to return the goods to the following address: ul. Kazimierza Pułaskiego 13/6, 30-305 Kraków, without undue delay and in any event no later than 14 days from the day on which the privileged Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the privileged Buyer sends back the goods before the 14-day period has expired.
8.10. The privileged Buyer bears the direct costs of returning the goods.
8.11. The privileged Buyer is only responsible for the diminished value of the goods resulting from handling them in a way other than what is necessary to establish the nature, characteristics, and functioning of the goods.
8.12. If the goods, due to their nature, cannot be returned by regular mail, the privileged Buyer will also have to bear the direct costs of returning the goods. The estimated amount of these costs will be provided by the Seller in the product description in the Store or during the order process.
8.13. The basis for the return is to have the order number.
9. Exceptions to the right to withdraw from the contract
9.1. The right to withdraw from a distance contract, as mentioned in sec. 8 of the Regulations, does not apply to the contract: - in which the subject of the service is a non-prefabricated item produced according to the privileged Buyer's specifications or serving to satisfy their individualized needs; - in which the subject of the service is an item that is subject to rapid deterioration or has a short shelf-life; - in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery (For hygiene reasons, underwear and lingerie accessories are not subject to return after opening the factory packaging); - in which the subject of the service is items that, after delivery, due to their nature, are inseparably connected with other items;
9.2. In the case of improper withdrawal from the Contract by the privileged Consumer and return of the Goods to the Store, the Store will send back the Goods at the expense of the Buyer.
10. Complaints
10.1. This point of the Regulations specifies the procedure for handling complaints regarding Products, Electronic Services, Sales Agreements, as well as other complaints related to the Seller's activities.
10.2. The basis and scope of the Seller's responsibility are specified in particular in the Civil Code, the Consumer Rights Act, and the Act on the provision of services by electronic means.
10.3. Detailed provisions on complaints about the Product (movable item, including a movable item with digital elements), excluding a movable item that serves solely as a carrier of digital content – purchased by the Customer based on the Sales Agreement concluded with the Seller are specified in the provisions of the Consumer Rights Act, in particular Articles 43a - 43g of the Consumer Rights Act.
10.4. Detailed provisions on complaints about the Product – digital content or service or a movable item that serves solely as a carrier of digital content – purchased by the Customer based on the Sales Agreement concluded with the Seller are specified in the provisions of the Consumer Rights Act, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller's liability towards the consumer in case of non-compliance of the Product with the Sales Agreement.
10.5. A complaint can be submitted using the complaint form sent to the Store's email address or by traditional mail to the address: ul. Kazimierza Pułaskiego 13/6, 30-305 Kraków.
10.6. If the Customer's contact details change during the complaint process, they are obliged to provide the Seller with the updated contact details.
10.7. The Customer can attach photos or other materials to the complaint that will be helpful in handling the complaint.
10.8. The Seller reserves the right to request the Customer to send photos or other materials to handle the complaint.
10.9. If it turns out that to handle the complaint, it is necessary to deliver the defective goods to the Seller, the Consumer is obliged to deliver these goods at the Seller's expense to the address: ul. Kazimierza Pułaskiego 13/6, 30-305 Kraków.
10.10. If an additional warranty is granted for the goods, information about it and its conditions are available in the product description in the Store.
10.11. Complaints regarding the functioning of the Store should be directed to the email address indicated in sec. 2 of the Regulations.
10.12. The Seller will handle the complaint without undue delay, but no later than within 14 calendar days from the submission of the complaint.
OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS
10.13. If the complaint procedure does not bring the expected result for the Consumer, the Consumer can use, among others: - mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. In principle, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595; - assistance of the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. In principle, the procedure is free of charge. The list of courts is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq596; - free assistance from the municipal or district Consumer Ombudsman; - the online platform ODR available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
11. Personal data
11.1. The administrator of personal data provided by the Buyer during the use of the Store is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and bases for processing data, as well as data recipients – is available in the Privacy Policy available in the Store – due to the transparency principle, contained in the General Regulation of the European Parliament and the Council (EU) on data protection – "GDPR".
11.2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is: - the contract or actions taken at the Buyer's request aimed at its conclusion (Article 6(1)(b) GDPR), - the Seller's legal obligation related to accounting (Article 6(1)(c) GDPR), - the Seller's legitimate interest, consisting of processing data for establishing, pursuing, or defending potential claims (Article 6(1)(f) GDPR).
11.3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will make it impossible to conclude a contract in the Store.
11.4. The data provided by the Buyer in connection with purchases in the Store will be processed until: - the contract concluded between the Buyer and the Seller ceases to be binding; - the legal obligation binding the Seller to process the Buyer's data ceases; - the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded by the Store ceases; - the Buyer's objection to the processing of their personal data is accepted – in the case where the basis for processing data was the legitimate interest of the Seller
csharp
– depending on what applies in a given case and what happens the latest.
11.5. The Buyer has the right to request: - access to their personal data, - their rectification, - deletion, - restriction of processing, - transfer of data to another administrator, and also the right to: - object at any time to the processing of data for reasons related to the Buyer's particular situation – to the processing of personal data concerning them based on Article 6(1)(f) GDPR (i.e., on the legitimate interests pursued by the administrator).
11.6. To exercise their rights, the Buyer should contact the Seller using the contact details from sec. 2 of the Regulations.
11.7. If the Buyer believes that their data is being processed unlawfully, the Buyer can lodge a complaint with the President of the Office for Personal Data Protection.
12. Reservations
12.1. It is forbidden for the Buyer to provide content of an unlawful nature.
12.2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded for the time and purpose of fulfilling the order.
12.3. Contracts concluded based on the Regulations are concluded in Polish.
12.4. In the case of a potential dispute with the Buyer not being a privileged Buyer, the competent court will be the court competent for the Seller's registered office.
12.5. The Seller's liability under the warranty towards the Buyer not being a Consumer is limited to two years from the issuance of the goods to the Buyer.
12.6. The Seller's liability under the warranty towards a privileged Entrepreneur is, to the extent permitted by law, limited to the order value placed by the privileged Entrepreneur and to two years from the issuance of the goods.
12.7. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: - changes in legal provisions; - changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.
12.8. In the case of concluding contracts of a continuous nature based on these Regulations (e.g., provision of the Electronic Service – Account), the amended Regulations bind the Service User if the requirements specified in Articles 384 and 384[1] of the Civil Code are met, i.e., the Service User was properly notified of the changes and did not terminate the contract within 15 calendar days from the date of notification. In case the change in the Regulations results in the introduction of any new fees or an increase in current fees, the Service User has the right to withdraw from the contract.
12.9. In the case of concluding contracts of a different nature than continuous contracts based on these Regulations (e.g., Sales Contract), the changes to the Regulations will not in any way affect the rights acquired by the Service Users/Customers before the date the changes to the Regulations come into force, in particular, the changes to the Regulations will
not affect already placed or submitted Orders and concluded, performed, or executed Sales Contracts.
12.10. In matters not regulated in the Regulations, the provisions of generally applicable laws, in particular, the Civil Code and the Act on the provision of services by electronic means and the Consumer Rights Act, shall apply.
13. Links
13.1. Privacy policy
13.2. Model withdrawal form
13.3. Complaint form (request for repair/replacement)
13.4. Complaint form (request for a price reduction after a previous request for repair/replacement)