1. General provisions
1. The website www.biastudio.pl operates in accordance with the principles contained in this Document.
2. This Document specifies the rules for concluding and terminating contracts for the sale of products, complaint procedures, types and scope of services provided electronically by the www.biastudio.pl website, standards for providing these services, and the rules for concluding and terminating contracts for the provision of electronic services.
3. Any person using the electronic services offered by www.biastudio.pl is obliged to comply with the rules specified in this Document from the moment they start using these services.
4. In matters not covered by this Document, the relevant legal regulations apply:
– The Act on the Provision of Electronic Services of July 18, 2002,
– The Consumer Rights Act of May 30, 2014,
– The Act on Out-of-Court Consumer Dispute Resolution of September 23, 2016,
– The Civil Code of April 23, 1964, and other relevant provisions of Polish law.
2. Definitions in the Terms and Conditions
1. Store – the online store operated by the service provider at www.biastudio.pl.
2. Order Form – a tool on the www.biastudio.pl website that allows the customer to place an order.
3. Customer – a person using the services who plans to or has already entered into a purchase agreement with the entrepreneur.
4. Seller, service provider – BiASTUDIO Sp. z o.o., with tax identification number NIP 8522661207, based in UL. OSIKOWA 22, 71-015 SZCZECIN.
5. Entrepreneur – a natural person, legal entity, or organization without legal personality, with legal capacity, operating on their own account within the scope of their professional or business activity.
6. Consumer – an individual buyer whose transactions with the entrepreneur are not directly related to their professional or business activity.
7. Product – a tangible item offered for sale in the Store, which is the subject of the purchase agreement between the store user and the entrepreneur.
8. Sales Agreement – a sales agreement for the product concluded between the store user and the seller through the online sales platform.
9. Order – the store user’s declaration of intent, being a proposal to conclude a purchase agreement for the product with the seller.
10. Price – the monetary amount that the store user is obliged to pay the seller for the purchased goods.
11. Terms and Conditions – the current terms and conditions of the Store.
3. Information about products and ordering
1. The online store www.biastudio.pl specializes in the distribution of Products via the Internet.
2. All products available in the Store’s assortment are new, compliant with the agreement, and legally available on the market in Poland.
3. The content placed on the Store’s website does not constitute an official sales offer according to statutory definitions. Placing an Order by the Customer is treated as a proposal to purchase a specific Product under the conditions described with it.
4. The price of each Product presented on the Store’s website is expressed in Polish zloty (PLN) and includes all components, excluding shipping costs.
5. Orders can be placed through the website using the Order Form (www.biastudio.pl) – available 24 hours a day, all year round.
6. To place an Order in the Store, the Customer must first read the Terms and Conditions and accept its terms during the ordering process.
4. Conclusion of the sales agreement
1. To conclude a Sales Agreement, it is necessary for the Customer to place an order in advance using the method provided by the Seller, in accordance with § 3 points 5 and 6 of the regulations.
2. Upon receiving the order, the Seller promptly confirms its receipt.
3. The confirmation of order receipt, referred to in point 2 of this section, obligates the Customer to the commitments arising from their order. The confirmation of order receipt is carried out by sending an email.
4. The confirmation of order receipt includes:
– confirmation of the key components of the order,
– a form enabling the withdrawal from the agreement,
– the current terms and conditions, which include information about the right to withdraw from the agreement.
5. Upon the Customer’s receipt of the email mentioned in point 4 of this section, the Sales Agreement between the Customer and the Seller is concluded.
6. Each Sales Agreement will be confirmed with a proof of purchase, which will be attached to the product.
5. Payment methods
1. The following payment methods are available, offered by the Seller:
– transaction through the online payment system.
2. When the payment through the online payment system is selected, the Customer pays the amount due before the order is processed. The online payment system allows payments by credit card, BLIK, or express transfer from selected banks.
3. The Customer is obliged to pay the amount due under the Sales Agreement within 7 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
4. The product will be shipped after payment is received, unless the selected payment options include the possibility of payment on delivery.
6. Cost, timing and delivery methods of the product
1. Shipping fees for the Product, which are borne by the Customer, are calculated during the Order processing.
2. The delivery time of the Product includes the period for preparing the Product for shipment and the carrier’s transport time:
– preparing Products for shipment takes up to 8 weeks,,
– delivery of material goods by the carrier occurs within the time specified by the carrier, which is 7 business days from the moment of dispatch (delivery occurs only on business days, excluding Saturdays, Sundays, and holidays).
7. Product complaint
1. Complaints arising from the failure to meet the terms of the agreement regarding the Product.
2. The basis and scope of the Seller’s liability towards the Customer who is a consumer due to the non-conformity of the Product with the agreement are established in the Consumer Rights Act of May 30, 2014.
3. The basis and scope of the Seller’s liability towards the Customer who is an entrepreneur under the warranty are specified in the Civil Code of April 23, 1964.
4. The Seller is liable to the Customer, who is a consumer, for any non-conformity of the Product with the agreement that exists at the time of delivery and that is noticed within 2 years from that time, provided that the shelf life of the Product set by the Seller or persons acting on their behalf is longer.
5. Reporting non-conformity of the Product with the agreement and submitting the appropriate request is possible by email to info@biastudio.pl or by post to the address: UL. OSIKOWA 22, 71-015 SZCZECIN.
6. The content of the complaint notification, both written and electronic, should include as many details as possible regarding the problem with the advertised item, including the type and date of the problem occurrence and contact details. This information will significantly speed up the consideration of the complaint by the Seller.
7. To assess non-conformity and determine the defectiveness of the Product, the Customer who is a consumer is obliged to deliver the Product to the Seller, with the shipping costs covered by the Seller.
8. The Seller will respond to the Customer’s complaint promptly, no later than within 14 days from the date of receipt of the complaint.
9. In the case of a complaint submitted by a Customer who is a consumer, the lack of a response within 14 days from the date of its submission means that the complaint has been accepted.
10. In the event of a justified complaint from a Customer who is a consumer, the Seller is responsible for:
– covering the costs of repair, replacement, and re-delivery of the Product to the Customer,
– reducing the Product’s price (the reduced price should correspond to the proportion of the price of the product compliant with the agreement to the non-compliant one) and refunding the Consumer the price difference within 14 days from receiving the declaration of price reduction,
– refunding the full price of the Product in the event of the Consumer’s withdrawal from the agreement, no later than within 14 days from receiving the return of the goods or proof of their shipment. In the event of withdrawal from the agreement, the Consumer is obliged to immediately return the goods at the Seller’s expense.
11. The response to the complaint is provided on paper or another durable medium, e.g., email or SMS.
8. Right of withdrawal
1. Subject to point 10 of this paragraph, a Customer who is also a consumer and who has entered into a distance contract has the right to withdraw from it without giving any reason by submitting an appropriate statement within 14 days.
2. In the event of withdrawal from the agreement, the Sales Agreement is considered void, and the Consumer is obliged to return the Product to the Seller or their representative immediately, but no later than 14 days from the date of withdrawal from the agreement, unless the Seller has offered to collect the Product themselves. Sending the Product before the deadline is sufficient to meet the deadline.
3. In the event of withdrawal from the Sales Agreement, the Product should be sent back to the address: UL. OSIKOWA 22, 71-015 SZCZECIN.
4. The Consumer is responsible for any reduction in the value of the Product resulting from its use beyond what is necessary to ascertain its nature, characteristics, and functioning, unless the Seller has not informed the Consumer about the procedure and deadline for withdrawal from the contract and has not provided a model withdrawal form. To determine the nature, features, and functioning of the Products, the Consumer should handle them as they would in a stationary store.
5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product along with delivery costs, using the same payment method as used by the Consumer unless the Consumer agrees to a different method of return at no additional cost. Subject to point 7, the refund will be made promptly, no later than within 14 days from the date the Seller receives the Consumer’s statement of withdrawal from the Sales Agreement.
6. If the Consumer has chosen a delivery method other than the cheapest standard method offered by the Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.
7. If the Seller has not offered to collect the Product themselves, they may withhold the refund until they have received the Product back or provided proof of its return shipment, whichever event occurs first.
8. The costs of returning the Product to the Seller are borne by the Consumer who withdraws from the Sales Agreement in accordance with point 1.
9. The 14-day period for withdrawal from the agreement is counted from the day on which the Consumer (or a person indicated by them, other than the carrier) took possession of the Product, in the case of an agreement where the Seller is obliged to transfer ownership of the Product.
10. The right to withdraw from a distance contract does not apply to the Consumer in cases such as the Sales Agreement concerning a non-standard product, made to the Consumer’s special order or tailored to their individual needs.
11. The right to withdraw from the Sales Agreement is available to both the Seller and the Customer in situations where the other party fails to fulfill their contractual obligations.
9. Type and scope of electronic services
1. The service provider enables customers to use the electronic service of concluding sales agreements for products through the Store.
2. The provision of electronic services to customers in the Store is carried out in accordance with the terms specified in the terms and conditions.
3. The service provider has the right to publish advertising content on the Store’s website, which is an integral part of the Store and the content presented therein.
10. Terms of providing and concluding contracts for the provision of electronic services
1. The provision of the Electronic Service described in § 9 point 1 of the Terms and Conditions by the service provider is free of charge.
2. The agreement for the provision of the Electronic Service, enabling the placement of Orders in the Store, is concluded for a definite period and terminates upon the placement of an Order or when the Service Recipient ceases to place Orders.
3. The technical requirements necessary to cooperate with the IT system used by the service provider include:
– a computer (or mobile device) with Internet access,
– access to email,
– an internet browser,
– enabled Cookies and Javascript functions in the browser.
4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good customs, considering the protection of personal rights and intellectual property rights of others.
5. The Service Recipient is obliged to provide data that is consistent with reality.
6. The Service Recipient is not allowed to provide content that is unlawful.
11. Complaints related to the provision of electronic services
1. Complaints regarding the Electronic Service provided through the Store can be submitted by the Service Recipient via email to the address: info@biastudio.pl.
2. In the complaint submitted to the specified email address, the Service Recipient should provide as many details as possible regarding the complaint, including the type and date of the problem, as well as their contact information. Detailed information will facilitate and expedite the complaint handling process by the Service Provider.
3. The Service Provider analyzes the complaint without undue delay, no later than within 14 days from the date of receipt of the complaint.
4. The Service Provider’s response to the complaint is sent to the email address provided by the Service Recipient in the complaint or by another method indicated by the Service Recipient.
12. Final Provisions
1. Contracts concluded through the Store are made in accordance with Polish law.
2. In the event of any inconsistency between any part of the Terms and Conditions and the current law, the relevant provisions of Polish law will apply instead of the disputed provision of the Terms and Conditions.
3. All disputes arising from Sales Agreements between the Store and Consumers will primarily seek to be resolved through negotiations, with the aim of reaching an out-of-court agreement, in accordance with the Act on Out-of-Court Consumer Dispute Resolution. However, if such a resolution is not possible or satisfactory for both parties, disputes will be considered by the competent common courts, as specified in point 4 of this paragraph.
4. Possible disputes between the Service Provider and the Service Recipient who is also a Consumer will be considered by the courts specified in the Code of Civil Procedure of November 17, 1964.
5. A Customer who is a Consumer has the right to use out-of-court dispute resolution methods, especially by applying for mediation or requesting the case to be considered by an arbitration court after the complaint procedure has been completed (application form available on the website). A link to the list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: [http://www.uokik.gov.pl/wazne_adresy.php#faq596](http://www.uokik.gov.pl/wazne_adresy.php#faq596). The Consumer can also use the free assistance of a consumer ombudsman or a social organization dealing with consumer protection. Out-of-court claim pursuit is free of charge after the complaint procedure has been completed.
6. For the amicable resolution of the dispute, the Consumer can also file a complaint via the ODR (Online Dispute Resolution) platform, available at: [http://ec.europa.eu/consumers/odr/](http://ec.europa.eu/consumers/odr/).