§ 1. General provisions

  1. The following capitalized terms used in the Regulations shall have the following meaning:

    S&T – Website administrator providing the service of sharing resources and information for people visiting the Website website or profile in Social Media: S&T Magdalena Ratajczak with headquarters in Nowy Folwark (Poland), at ul.Mostowa 5d, zip code: 62-300 Nowy Folwark, VAT number: PL7891719729, Registration number: 302507219, e-mail: hello@shapesandtones.com

    Client– a natural person who visits and browses the content of the Website or Social Media and/or places an Order,

    Internet communicators – used byS&T remote communication applications operating within or in connection with the conduct ofS&T Social Media accounts: Messenger (address profile: https://www.facebook.com//) and Instagram (profile address:https://www.instagram.com//) 

    Social media – common name for online social networking platforms (services) on whichS&T runs profiles and through which it provides the Services listed in § 3 of the Regulations to the Customers. This applies to websites such as Facebook (profile address:https://www.facebook.com//), Instagram (profile address:https://www.instagram.com/S&Tstoreofficial/) and Pinterest (profile address:https://pl.pinterest.com//) 

    Offer – description and photos of the services provided and the goods sold byS&T as part of their business activity, used to promote them; any announcements, advertisements, price lists placed on the Website or Social Media should be treated not as an offer within the meaning of the Civil Code, but as an invitation to submit offers (Orders) by the Customer,

    Statute – this document with attachments specifying the rules for the provision of electronic services byS&T,

    Service – online platform run at www.shapesandtones.com through which S&T provides the Customers with the Services listed in § 3 of the Regulations,

    Commodity – productsS&T presented on the Website and in Social Media,

    Service – a service provided electronically by S&T for Customers, consisting in sending data via public ICT systems at the individual request of the indicated entity, without the simultaneous physical presence of the parties in order to perform the tasks referred to in § 3 para. 1,

    Order – the Customer’s declaration of intent being an offer to purchase the Goods, aimed directly at concluding a sales contract, and specifying in particular the type and number as well as the price of the Goods.
  1. The regulations were issued byS&T which provides Services on its basis.
  1. The Regulations define the rules for the functioning of the Website and Social Media, including in particular:
  1. The Regulations are made available at any time byS&T free of charge to all persons visiting the Website and Social Media and using the Services available through them. The Regulations are made available on the Website in such a way that it is possible to obtain, reproduce and record the content of the Regulations via the Internet.
  2. The application of the Regulations is excluded for these functionalities of the Website, Social Media and Services provided by S& which have been clearly regulated by separate regulations or agreements (e.g. general regulations of Facebook, Instagram and Pinterest governing the principles of operation of these websites).

§ 2. Terms of use of the Website and Social Media and the provision of Services

  1. Clients and guests of the Website and Social Media may be natural persons over 16 years of age and persons under 16 years of age, with the proviso that if the use of the Website or Social Media involves consent to the processing of personal data, such processing is lawful only in cases where consent has been given or approved by the person exercising parental authority or custody of the child and only to the extent of consent given.S&T reserves that pursuant to art. 8 sec. 2 of the GDPR, as the administrator of personal data, taking into account available technology, makes reasonable efforts to verify whether the person exercising parental authority or custody of the child has consented or approved it. In the case of Social Media Customers, the verification of the Customer’s age, and thus the consent to the use of resources posted in these Media by a person under 16, is carried out in accordance with the rules set out by Social Media administrators.
  1. When using the Website and Social Media, including Instant Messengers made available through them, each Customer is obliged to applications required and real data. The person visiting the Website or Social Media is responsible for the correctness, content and form of any data and information provided by him/her. Providing false data and information, in particular data of third parties or fictitious data, is prohibited. Clients giving such data or information bears all and sole responsibility in this regardS&T and third parties whose interests may be affected in this way.
  1. In order to use the Website, Social Media or Services, the following technical conditions must be met:
  1. S&T makes every effort to ensure that the use of the Website and the content posted in Social Media is possible from all popular types of computers, operating systems and web browsers, however, it does not guarantee the possibility and effectiveness of using the Website in whole or in part using tools other than those listed in section 3.
  1. S&T is not responsible for the possibility and effectiveness of using, in whole or in part, Social Media and Instant Messaging by the Customer, if he does not meet the technical conditions set out by the administrators of these social media or producers of Instant Messengers, which the Customer can find directly on the websites of the indicated websites and applications.

§ 3. Types and scope of Services provided electronically

  1. As part of services provided electronically, S&T:
  1. Implementation of the service consisting in the possibility of exchanging correspondence between the Customer and S&T takes place according to the following rules:

§ 4. Conclusion and termination of the Agreement for the provision of electronic services

  1. The contract for the provision of electronic services regulates the rules for the provision by S&T Services consisting in sharing and sending data via the Internet, including the presentation of content and providing Customers with the functionality of the Website and Social Media, as well as communication via the Internet. The contract for the provision of electronic services should be distinguished from contracts for the sale of Goods, which may be concluded between S&T and the Customer in connection with the use of the Website, and which are regulated in § 6 of the Regulations.
  1. The contract for the provision of electronic services on the terms of these Regulations is concluded for the period of using the Services, at the moment of:
  1. The contract for the provision of electronic services is terminated upon completion of the provision of Services to the Customer, in particular upon leaving the Website by the Customer, leaving the Customer’s profileS&T placed as part of Social Media, and if the Customer initiates contact withS&T as soon as the Customer receives answers to questions asked via e-mail, ends the chat or video conversation via Instant Messenger, as well as when he unsubscribes from the Newsletter. The contract for the provision of electronic services is terminated in each case when the decision is made byS&T about discontinuing the provision of selected Services altogether or discontinuing their provision to a given Customer.
  1. Decision S&T of discontinuation of the provision of Services to the Customer may result from: violations of the provisions of the Regulations by the Customer or discontinuation of the provision of Services byS&T in whole or in part.

§ 5. Basic rights and obligations S&T and Customers resulting from the conclusion of the Agreement for the provision of electronic services

Rights and obligations S&T

  1. S&T undertakes to provide Services to Customers.
  2. S&T makes every effort to ensure that the content posted on the Website and in Social Media is correct, up-to-date and available continuously.
  3. S&T is not responsible:
    • for customer behavior on the Website and in Social Media,
    • for the consequences of actions taken by customers and third parties that violate the provisions of the Regulations, for disruptions in the proper functioning of the Website or Social Media, resulting from: actions of third parties or force majeure, resulting from the use of the Website or Social Media in a manner inconsistent with generally applicable law or the Regulations,
    • shutdown or failure of the ICT system, power grid failure, inability to use the Website or Social Media caused in particular by the quality of the connection,
    • failure of the ICT system or power grid, incorrect configuration of the software of the person using the Website/Media,
    • for disruptions in the proper functioning of Social Media and Instant Messengers, including the lack of access to them, resulting from the incorrect operation of these Media or Instant Messengers,
    • for the truthfulness and reliability of information and other content provided by customers as part of the Website, Social Media and Instant Messaging.
  1. S&T reserves the right to temporarily discontinue the provision of Services in connection with the modernization or reconstruction of the Website, including the modernization or reconstruction of social profiles within Social Media, or
    with maintenance work.S&T will make every effort to ensure that breaks in the provision of Services take place at night, are not burdensome for people using the Website or visiting Social Media, and that they are informed in advance about planned maintenance work.

Client rights and obligations

  1. All activities within the Website and in Social MediaS&T taken by the Customers should be in accordance with good practices and applicable law. Visitors to the Website and Social Media are obliged to refrain from activities that adversely affect the security of the Website and Social Media or could harm other Customers.
  2. Visitors to the Website and Social Media bear full responsibility for their actions
    and omissions related to the use of the Website and Social Media and may be liable for damages toS&T or other customers.
  3. Each Customer declares that he has read the text of the Regulations in full and accepts all provisions unconditionally. In the event of non-acceptance of any of the provisions of the Regulations, the Customer is obliged to refrain from further use of the Website and Social Media S&T. 
  4. Customers accept the need to provide data necessary when using the Services, in particular related to placing Orders, in particular a current, active e-mail address and active telephone number.
  5. Customers using the Services are obliged to refrain from:

§ 6. Orders and Contracts for the Sale of Goods, the right to withdraw from the contract, warranty

  1. The Website provides a functionality that allows customers to view Offers and place Orders for Goods.
  1. The photos of the Goods presented on the Website have been made with the greatest care and, together with the descriptions, reflect the actual appearance and characteristics of the products offered. However, taking into account the different parameters of the equipment used by the Customers to display and view the posted photos, including the resolution, refresh rate, formats and color depth of the displays, as well as the lighting conditions owned by the Customer, which may differ from the lighting in which the photos were taken, the actual color of the Goods may slightly differ from the one presented in the pictures. Availability of a given Good on the Website is not tantamount to its availability in the warehouse – the deadlines for the completion of Orders provided on the Website are forS&T indicative time for verification of Orders and the possibility of their implementation and confirmation.
  1. All prices of the Goods given on the Website are gross prices including VAT. The given prices of the Goods do not include delivery prices, the value of which is calculated in accordance with section 8.
  1. Placing Orders for Goods may only be made by Customers with their place of residence or registered office and indicating as the place of delivery – the territory of the European Union and England.
  1. In order to place an Order, you must go to the Website and:
  1. When placing the Order – until the button confirming the submission of the Order is pressed – the Customer has the option of modifying the entered data and the selected Goods. After the Customer using the Website provides all the necessary data, a summary of the placed Order will be displayed, containing, among others. a description of the selected goods or services, the total price and all other costs, including delivery costs. The customer has the option of selecting the option of saving data for the purpose of placing future Orders. The Order is placed upon completion of all the activities referred to in par. 5. After placing the Order, the Customer receives an e-mail containing confirmation of all essential elements of the Order.
  1. Immediately after placing the Order and posting the payment S&T proceeds to verify the feasibility of its implementation. In the case of Orders whose content remains in accordance with the Regulations and the Offer, as well as when the Order can be processed due to stock levels,S&T proceeds to its implementation. The final conclusion of the contract for the sale of Goods takes place at the moment of final acceptance of the Order by S&T which occurs at the time of shipment of the Goods, of which the Customer finds out by receiving the tracking number by e-mail. The contract for the sale of Goods is concluded in accordance with Polish law.
  1. If it is not possible to execute the Order under the conditions indicated therein,S&T informs the Customer via e-mail about the reasons for refusing to execute the Order and refunds the paid price within 3 working days from the date of providing the information. IfS&T does not have data enabling such a return, asks the Customer to send the necessary information and returns within 3 working days of receiving it.
  1. Deliveries of goods are made only to the address indicated in the Order via courier or transport companies selected byS&T. The delivery price depends on the place of delivery, as well as the nature, size and value of the Order. The final value of the delivery price is calculated at the stage before the final submission of the Order and is part of its content.
  1. The customer is obliged to verify the condition and content of the shipment, paying particular attention to signs of dents, tears or punctures in the packaging. If any damage is found, the Customer should report his reservations to the courier delivering the parcel and draw up a damage report signed by the courier. Failure to draw up a damage report may be the basis for rejecting a possible complaint if its subject is mechanical damage caused during transport.
  1. Customers who are natural persons for whom the conclusion of the contract for the sale of Goods was not directly related to their business or professional activity have the right to withdraw from the contract for the sale of Goods without giving any reason within 14 days from the date on which they received the ordered Goods. In order to exercise the right to withdraw from the contract for the sale of Goods, the Customer should inform S&T about your decision by means of an unequivocal statement.
  1. Submission of a declaration of withdrawal from the contract should be made by sending it in paper version to the following address S&T or by e-mail or via Instant Messenger to the e-mail addresses provided in these regulations S&T. In order to meet the withdrawal deadline, it is enough to send information regarding the exercise of the right to withdraw from the contract before the expiry of the withdrawal period (the date of the postmark or the date of sending the message via the Internet is decisive).
  1. In the event of withdrawal from the concluded contract, the Customer bears the direct costs of returning the ordered Goods and is responsible for the decrease in the value of the Goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Goods. In the restS&T will return to the Customer all payments received from him, including the costs of delivery of the Goods, immediately, however, not later than 14 days from the date on whichS&T has been informed about the decision to exercise the right to withdraw from the contract and subject to paragraph 14. The refund will be made using the same payment methods that were used in the original transaction, unless it proves impossible for technical reasons and the Customer chooses a different form of return.
  1. In the event of submitting a declaration of withdrawal from the Agreement, the Customer shall immediately, in any case not later than 14 days from the date of sending the declaration, be obliged to return the Goods to S&T at your expense. S&T asks for the returned Goods to be sent or delivered to the following address: S&T, Mostowa 5d, 62-300 Nowy Folwark, Poland. S&T may withhold the reimbursement of the payment for the Order until receipt of the Goods. The mere return of the Goods without making an unequivocal statement does not result in withdrawal from the contract.
  1. Withdrawal from the contract is not possible if the subject of the concluded sales contract were non-prefabricated Goods, manufactured according to the Customer’s specifications or serving to satisfy his individual needs.
  1. In the event of a defect in the goods, the Customer has the option to complain about the defective goods on the basis of the warranty regulated in the Civil Code, in particular, he may demandS&T remove the defect, reduce the price and replace the item with a defect-free item, as well as submit a statement of withdrawal from the contract. When submitting a complaint, the Customer should accurately describe the circumstances of the case, attach photographic documentation and indicate the expected way of settling the case. In the event that it turns out to be necessary to deliver the advertised Goods to the seller,S&T asks for the returned Goods to be sent or delivered to the following address: S&T, Mostowa 5d, 62-300 Nowy Folwark, Poland. If the complaint is accepted S&T bears or reimburses the costs of delivering the Goods.
  1. In connection with the execution of Orders S&T uses the services of external providers (e.g. TrustPilot) to collect reviews and feedback on the quality of services provided and Goods sold. For this purpose, after the execution of the Order, the Customer may receive correspondence with a request for an opinion. Opinions may be published on the Internet, and their expression by the Customer is voluntary.

§ 7. Newsletter 

  1. S&T provides the Newsletter Service by electronic means, consisting in sending information containing content on various topics, including commercial topics, regarding the offer of products and services provided by S&T in the form of a message to the e-mail address provided by the Customer. The Newsletter service is provided free of charge for an indefinite period.
  2. In order to activate the Newsletter Service, you must:
  1. In order to deactivate the Newsletter Service, click the “Unsubscribe” link contained in the content of the e-mails you receive or write a request to cancel the service to the address hello@shapesandtones.com Deactivation of the Newsletter Service may also take place on the initiative S&T, in the event of failure by the Customer to comply with the obligations required by the Regulations.
  1. Upon deactivation of the Newsletter Service S&T ceases to send messages to the Customer’s e-mail address. The User may re-order the Newsletter Service at any time.

§ 8. Protection of intellectual property rights on the Website and in Social Media

  1. All materials, including graphic elements, layout and composition of these elements and other information available on the Website and in Social Media are subject to copyright S&T or third parties. Navigation solutions, selection and arrangement of content and graphics, compilations and databases, classifications, rankings, lists and reports are the subject of intangible rights to works or databases S&T or third parties. The above-mentioned elements are subject to proprietary copyrights, industrial property rights and database rights, and as such enjoy statutory legal protection.
  1. It is unacceptable for the Customers to use the materials indicated in par. 1 to the extent that goes beyond the use permitted under applicable law. In particular, it is prohibited to:

The above provisions shall apply accordingly to the graphic design of the Website and S&T Social Media.

  1. Downloading or using, in any scope, the materials available on the Website and Social Media each time requires consentS&T and may not violate:

§ 9. Security, privacy and confidentiality on the Website and in Social Media

Security on the Website and in Social Media

  1. primary goal S&T, as the administrator of personal data of persons visiting the Website and Social Media, is to provide all Website and Social Media Customers with the protection of privacy as well as data and documents used when using the Website and Social Media at a level at least corresponding to the standards set out in applicable legal regulations, in particular regarding provision of electronic services, personal data protection and telecommunications law.S&T makes every effort to protect Customers against unauthorized access, unauthorized modification, disclosure and destruction of data used through or with the participation of the Website and Social Media.
  1. In order to protect customer data on the Website:
  1. If the Customer uses the content posted by S&T on Social Media or contacting S&T via Instant Messengers, the Customer also uses the services provided by the administrators of these Social Media or producers of software intended for remote communication. These entities are distinct from S&T personal data administrators, processing customer data for their own needs on the basis of separate regulations, privacy policies and on the basis of a separate contract for the provision of electronic services (separate legal relationship), whichS&T is not a Party. S&T is not responsible for the processing of Customers’ personal data by the above-mentioned entities, including the organizational and technical security measures used by these entities. S&T recommends that you read the relevant regulations, instructions and privacy policy regarding the provision of the services in question by entities other than S&T before using them.
  1. In order to protect the data of customers visiting the profile S&T on Facebook, S&T in accordance with Art. 26 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC, concluded an agreement with Facebook referred to as “joint control”. Details of this agreement are available here:
    https://www.facebook.com/legal/terms/page_controller_addendum.
    The agreement in question is the result of the judgment of the European Court of Justice of June 5, 2018 (C-210/16).

Privacy and Confidentiality on the Website and Social Media

  1. Personal data provided by customers in places intended for this are processed by S&T according with applicable law and in accordance with the GDPR Information Clause available on the Website.S&T also collects data of Customers visiting the Website via “cookies”, including in order to collect statistical data, in accordance with the principles set out in the Cookies Policy available on the Website. Social Media may use statistical tools to deliver S&T information on reach and interaction rates on profiles belonging to S&T. 
  1. S&T reserves the right to filter and stop messages sent by Customers as part of the tools provided by the Website, e.g. contact form or Social Media, e.g. Instant Messenger,
    in particular, if they are spam, contain content that violates these Regulations or otherwise threaten security.

§ 10. Contact, objections and complaint procedure

Contact

  1. Contact withS&T regarding the Services provided electronically on the basis of these Regulations may take place
    in the form of:
  1. S&T may contact the Customer in the form of:

provided that these contact details are indicated by the Customer via e-mail, Instant Messenger functionality or by phone.

Procedure for reporting objections and complaint procedure

  1. S&T makes every effort to properly provide Services by electronic means, ensure the proper operation of the Website and Social Media and the Newsletter service (to the extent it depends onS&T), and also provides assistance in solving problems related to their functioning and the conclusion and implementation of contracts for the sale of Goods.
  2. If, in the opinion of the Customers, the Services provided under the Regulations are not provided or are performed inconsistently with the provisions of the Regulations, or in the event of non-performance or improper performance of the contract for the sale of Goods (e.g. in connection with the defectiveness of the received Goods), the Customers have the right to submit a complaint in the manner specified below:
  1. The Customer also has the right to submit comments regarding the functioning of the Website, Social Media and available content or tools. The notification in question should be in written or electronic form and, depending on the chosen form of contact, it should be sent to the addresses indicated in point I section 1 above.
  2. The response to the complaint will be provided byS&T in writing or in electronic form, without undue delay, but not later than within 14 days from the date of receipt of the complaint. In justified cases, the deadline for providing a response may be extended to a maximum of 30 days, after prior explanation to the person lodging the complaint about the reasons for the delay and indication of circumstances requiring additional determination.
  3. The customer has the right to appeal against the decision made byS&T as part of the complaint (appeal). Then the provisions of § 8, point II, sec. 2-4 apply accordingly.
  4. S&T reserves the right to leave the complaint unprocessed if it results from ignorance of these Regulations or the law. Complaints containing vulgar or offensive contentS&T will not be considered.
  5. S&T reserves that complaints relating to the technical aspects of the functioning of Social Media, the Customer should direct directly to the entities responsible for their proper operation.

§ 9. Final provisions

Amendments to the regulations

  1. S&T reserves the right to unilaterally change the Regulations, in particular in the event of a change in the functionality of the Website, changes in the rules of functioning of Social Media or changes in the law.
  2. The current Regulations will always be available on the Website, and the use of the Website by the Customer and visiting Social Media will be tantamount to acceptance of its content.

Applicability of the Regulations

These Regulations and the resulting provisions are applicable to the Website and Social Media (including Instant Messengers) and to e-mail correspondence between Customers and S&T, as well as to the Newsletter service and placing Orders and concluding as well as servicing and implementing contracts for the sale of Goods.

Governing Law and Disputes

  1. The law applicable to these Regulations and to the contract for the provision of electronic services, as well as to contracts for the sale of Goods is Polish law.
  2. In matters not covered by the Regulations, the provisions of the Act on the provision of electronic services, the Act on copyright and related rights and the Civil Code shall apply.
  3. Any disputes arising from the use of the Services provided electronically and the use of the Website and Social Media, not resolved amicably, are settled by the court specified in the provisions of the Code of Civil Procedure. In the case of Customers who are not consumers or to whom the provisions on consumer rights do not apply, the court competent to settle disputes will be the court competent for the registered officeS&T. 

Last Modified: 01/01/2023