Expressions written in this regulation with a capital letter will have the following meaning, unless its content indicates otherwise:

 

Shop - Online store www.huba.studio

Goods - all products offered for sale in the Store

Client - a person who purchases the Goods in the Store

Regulations - these regulations

Sales contract - the contract concluded by the customer with the store;

Seller - Huba, Piotr Kołakowski, Radosiew 40A 64-700 Czarnków (Poland)

Consumer - a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity

Consumer Rights Act - Act of 30 May 2014 (Journal of Laws of 24 June 2014)

Act on Electronic Services - Act of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204)

Civil Code - Civil Code Act of April 23, 1964, (Journal of Laws No. 16, item 93).

Order - Customer's declaration of intent, aimed directly at the conclusion of the Sales Agreement

 

1. TERMS & CONDITIONS

1.1. The Regulations define the terms and conditions of the sales policy carried out by the Seller via the Internet through the website at the following address: www.huba.studio

1.2. Each customer is obliged to read and comply with the provisions of the Regulations. By making purchases at the Store, the Customer confirms the fact of reading the Regulations and its acceptance in the current form.

1.3 The information on the Store's websites does not constitute an offer within the meaning of the Civil Code. By placing an order using the mechanisms available on the Store's website, the Customer submits an offer to buy a specific Product.

1.4. When purchasing the Goods, the Customer concludes an agreement with the Seller for the sale of the selected Good for payment of a specific price, which he may withdraw from under the terms of the Regulations and applicable law.

 

2. CONTACT INFORMATION

Customers may contact the Seller under e-mail address hello@huba.studio

 

3. GOODS

3.1. The Store sells the Goods in the form of ceramics.

3.2. The Seller undertakes to deliver the Goods without defects. Unless otherwise stated in the description, all Goods offered in the Store are original, brand new, free from both physical and legal defects. The Seller may also sell damaged goods or various elements of individual Goods in the Store; in this case, each time a description of the Good put up for sale will take into account the above circumstance.

3.3. In the event of enrichment of the Seller's offer with new Goods that do not require significant modifications described in the Regulations for the use of the Store, a change to the Regulations will only be made by supplementing this part of the Regulations and will enter into force on the day of announcement. Acceptance of such changes in the manner specified in this paragraph will be followed by the Customer purchasing new Goods.

 

4. CUSTOMER

The customer of the store (Customer) can be any natural person, legal person or organizational unit without legal personality, having an e-mail account and having full legal capacity. In the case of a legal person and an organizational unit without legal personality, all activities of this entity may be performed only by a person who is authorized to perform all activities related to the use of the Store on behalf of that entity and to exercise all rights and obligations of that entity as a Customer.

 

5. PRICES

5.1. The price of a product given on the Store's website is binding from the moment the Customer receives confirmation of acceptance of the Order for execution. The price referred to in the preceding sentence will not change regardless of its changes in the Store, which will occur after sending the confirmation of acceptance of the Order to the Customer.

5.2. The prices of Goods in the Store are gross prices. In the Polish language version, they are given in Polish zlotys and in the English version in EUR. The customer has the option to change the currency into EUR, by choosing the English language version or - if such option is available in the Store - by choosing the currency at the stage of placing the Order.

5.3. The Store reserves the right to change the prices of the Goods in the Store, introduce new Goods for sale, carry out and cancel promotional campaigns on the Store's websites or make changes to them in accordance with the Civil Code and other laws. These changes shall not violate the rights of persons who have entered into sales agreements for the Goods offered in the Store before the above-mentioned changes.

5.4. Unless explicitly indicated otherwise, the prices listed in the Store (Price) do not include the cost of delivery, which is always shown for acceptance before submitting the final Order. The prices also do not include customs and other administrative fees related to the delivery of the Goods to a Client residing / having their registered office outside the territory of the European Union; such fees are borne by the Customer on their own. At the Customer's request, the Seller issues a VAT invoice based on the data provided as part of the below indicated Account, unless the Customer provides other data (e.g. a different delivery address) at the stage of ordering.

5.5. In order to issue an invoice, the Customer is obliged to send to the address hello@huba.studio the necessary data to issue an invoice, together with the order number, that applies to, after submitting the Order. The VAT invoice will be sent in the form of a .pdf file within 7 business days from the final delivery date indicated in the order confirmation.

 

6. RULES FOR CONCLUDING CONTRACTS WITH CLIENTS

6.1. On the terms set out in the Regulations, the Customer concludes a Sales Agreement with the Seller of the Goods of his choice.

6.2. The images of the Goods in the Store do not constitute an offer binding on the Seller within the meaning of the Civil Code, but they are an invitation to conclude a Sales Agreement.

6.3. By submitting the Order and clicking the "I pay" (or "Order" or similar) button, the Customer places an offer to conclude a Sales Agreement, which becomes binding for the Seller after confirming the receipt of the Order.

6.4. After placing the Order, the Customer will receive an e-mail from the Seller confirming the submission of the Order (submission of the offer), which the Seller will commence after the full payment for the Goods has been received. The said electronic letter is a declaration of accepting the offer and concluding the Sale Agreement.

6.5. The place of performance related to the purchase of Goods in the Store is the delivery address indicated by the Customer. They prevent or significantly hinder the execution of the Order; the Seller has the right to withdraw from the implementation of the Order and notify the Customer if he or she provides a real and error-free e-mail address.

6.6. The Seller reserves the right to suspend the execution of the Order in the event that the data provided by the Buyer in the purchase form are incomplete or incorrect.

6.7. In the event of circumstances preventing completely or temporarily the implementation of the placed Order (in particular force majeure understood as strikes, power outages, riots, wars, events caused by forces of nature), the Seller reserves the right to suspend the implementation of the Order - the situation immediately commits itself notify the customer. In the case described above, the Customer may cancel the Order by sending an e-mail immediately to the address provided in point 2 of the Regulations.

6.8. In the event of placing an Order and unfinished payment procedure, the Order does not give rise to the obligation to pay and is canceled by the system after one hour from its submission. The canceled order does not oblige the Customer to pay and the Seller to perform the Order.

6.9. In the event of giving false, incomplete or incorrect data, the Seller will try to contact the Customer in order to supplement or correct it. If the contact is not possible and the deficiencies found prevent or significantly hinder the execution of the Order, the Seller has the right to withdraw from the implementation of the Order and notify the Customer if he or she provides a real and error-free e-mail address.

6.10. In the event of circumstances preventing the implementation of all or part of the placed Orders other than those specified above, the Seller reserves the right to suspend its implementation and undertakes to notify the Customer, who will decide on the further implementation of the Order (partial implementation, extension of waiting time, cancellation the entire Order). In the event of resignation from part or the whole of the paid-in Order, the amount due in the part covering the undelivered Goods will be credited to the Customer's account.

 

7. DELIVERY

7.1. Before placing the Order, the Customer will be informed about the planned date of its implementation, i.e. the delivery of the Goods. Due to the nature of the Goods offered in the Store, the Seller informs that the completion of the Order should not exceed 14 business days, and in no case 30 days from the date of the Contract of Sale.

7.2. The customer has the right to choose the method of delivery, in accordance with the order form. Other than standard forms of delivery of the Goods are possible - after prior individual determination by e-mail or by phone.

7.3. The specified delivery time does not include holidays.

7.4. Ordered goods are sent via Polish Post Service, InPost, GLS, DPD or FedEx. The cost of shipping is always shown to the customer for acceptance at the stage of placing the order.

7.5. Paid Orders in full, will start to be processed the day after the payment is credited to the Seller's account.

7.6. In the case of ineffective delivery of the ordered Goods via the courier company due to the fault of the Customer, the Seller shall re-ship the package provided that the Customer covers its costs. If the ordered Goods are not collected three times, the Seller reserves the right to withdraw from the Sales Agreement due to non-performance by the Customer. In the event of withdrawal from the Contract of Sale, the Seller shall refund to the Customer the payment for the Goods less the delivery costs which the Seller was obliged to incur.

7.7. In the case of damaged package, the Customer should prepare a report together with the courier and notify the Seller about this fact by writing to the following address: hello@huba.studio

7.8. In the event of damage to the Goods during its transportation, the Customer has the right to demand a reduction of the Price, withdrawal from the Contract for sale or exchange of the Goods for a new one, unless bringing the Goods to compliance with the Sales Agreement in a manner chosen by the Customer is impossible or would require excessive costs compared to the proposed method by the Seller. Then the Seller has the right to repair the Product or replace it in favor of a product free from defects of its choice.

 

8. PAYMENT

8.1. Settlement of transactions by credit card and e-transfer is carried out via Stripe and Przelewy24.

8.2. In the case of some types of Goods available in the Store, the Seller reserves the right to limit the payment method by not providing specific payment and delivery options.

 

9. COMPLAINTS, RIGHTS OF WITHDRAWAL

9.1. The Seller is liable to the Customer under the warranty if a physical defect is found within two years from the date of delivery of the item to the Customer.

9.2. The Customer may not withdraw from the contract if the defect is irrelevant.

9.3. The Customer submits a complaint, initially informing the seller about it via e-mail (hello@huba.studio. The Seller provides the Customer with the necessary documents (Warranty Claim Form) and attach a receipt or other proof of purchase. Attaching a receipt or invoice can facilitate and speed up the processing of the Customer’s complaint. The Customer sends the Product subject to the complaint, together with the complaint form Warranty Claim Form. 

9.4. The Customer receives information on how his/her complaint is decided within 14 days from the day the Seller receives the Product. 

9.5. If the complaint with the Product returned by courier is granted, the Seller will send to the Customer the Product in perfect condition (repaired or new), immediately, within 30 business days from the moment of granting the complaint, and if this proves impossible (e.g. Product is out of stock), the Customer shall be refunded by the Seller the equivalent of the Product’s purchase price and the one-time cost of delivery to the Customer up to the cheapest shipping fee in the Seller’s offer.

9.6. The Seller may refuse to satisfy the Customer’s request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the buyer or would require excessive costs compared to the second possible method of bringing the defective item into conformity with the contract. In this case, the customer may change the claim. Communication is conducted electronically.

9.7. If the complaint is not accepted, the Product will be handed over or sent back to the Customer together with the opinion that the complaint is unjustified.

9.8. The appearance of the delivered Goods may slightly differ from the picture placed in the Store, which applies in particular to the color scheme. The seller is not responsible for any differences in appearance that result from the subjective perception of the images presented in the store or are the result of individual settings of parameters of graphic cards and Customer monitors.

9.9. Pursuant to the Consumer Rights Act, a Consumer who concluded a distance contract via the Store may, within 14 days, withdraw from it without giving any reason and without incurring costs, subject to the following provisions. The running of the period referred to above shall commence from the day following the day of release of the Goods to the Consumer or a person designated by him other than the courier. In the case of a contract that includes many items that are delivered separately, in batches or in parts, the running of the period referred to above begins with the acquisition of the last item, lot or part. In the case of a contract, which consists in regular delivery of goods for a specified period, the running of the above-mentioned term begins with taking possession of the first item.

9.10. Withdrawal from a distance contract The Consumer communicates to the Seller by submitting an appropriate statement in writing. The statement may be submitted on the form, which constitutes Annex No. 1 to the Regulations.

9.11. The declaration referred to above, the Consumer sends along with returned products to the address of the Seller with the note "WITHDRAWAL FROM THE AGREEMENT".

9.12. The Seller shall immediately confirm the receipt of the Consumer's declaration of withdrawal from the contract.

9.13. Within 14 days from the date of receipt of the statement referred to above, the Seller shall return to the Consumer all payments made by him, including costs of delivering the Goods, subject to the provisions of point 10.10.

9.14. If the Consumer has chosen a method of delivery of the item other than the cheapest method of delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.

9.15. The Consumer is obliged to return the Product to the Seller or hand it over to the person authorized by the Seller immediately, but not later than 14 days from the date on which he withdrawn from the contract, unless Selling offered to collect the Goods himself. To meet the deadline, it is enough to send back the Goods before its expiration.

9.16. Returned Goods should be returned together with the proof of purchase and information about the account number on which to transfer the returned money or information about another Good in return. To meet the deadline, all you have to do is return the item before its expiry.

9.17. The Seller may withhold reimbursement of payments received from the Consumer until receipt of the Goods back or delivery by the Consumer of proof of its return, depending on which event occurs first.

9.18. The Consumer shall bear the direct cost of returning the item, excluding the additional costs resulting from the method chosen by the Consumer, other than the cheapest, usual way of delivery offered by the Seller. The Seller reserves the right not to collect shipments sent at his expense. The Seller shall return the payment using the same payment methods that were used by the Consumer in the original transaction.

9.19. The Consumer should return the unused Product, i.e. with no signs of use. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.

 

10. NEWSLETTER

10.1. Based on Article. 8 sec. 1 point 1 of the Act on rendering electronic services, the Seller sets below the rules for the provision of electronic services, as well as the conditions for concluding and terminating contracts for the provision of electronic services.

10.2. The administrator of the information delivery service (Newsletter) is the Seller. The Newsletter service aims to provide the information requested. Services provided as part of the Newsletter are free.

10.3. The Order of the Newsletter Service is done by registering in the Store in the "newsletter" tab, which is done by entering the customer's e-mail address.

10.4. When ordering the Newsletter, the Customer will be asked to agree to receive additional commercial information and to process his personal data. The commercial information sent will relate to the Seller's commercial offers.

10.5. The ordered Newsletter as an e-mail is sent to the e-mail address provided by the Customer. The seller is the sole owner of the e-mail address, he will not make it available to third parties.

10.6. The use of services provided via e-mail is conditional upon having an active and correctly configured e-mail account.

10.7. In order to register, the Customer should complete all fields marked with an asterisk as mandatory. The data entered in the form should concern the client and be truthful.

10.8. The contract for the provision of electronic services is concluded upon activation of the Newsletter service provided by the Customer. The contract is concluded for an indefinite period. Each of the parties may terminate the Contract for the provision of electronic services without giving reasons and immediately.

10.9. The Seller terminates the Agreement regarding the provision of the Newsletter by deleting the Customer's e-mail address from the Newsletter database. The Customer terminates the Agreement regarding the provision of the Newsletter Service by sending an e-mail to the address provided in the Newsletter footer. The account removal request should be sent from the email address you used to register. The e-mail address from the Newsletter database will be sent to the Customer by sending an e-mail confirming the deletion.

10.10. The seller is not responsible for the lack of access to the newsletter resulting from reasons beyond his control.

10.11. The Seller reserves the right to a short technical break in the functioning of the Newsletter registration page in the event of planned, ongoing servicing and maintenance of the server and software.

 

11. GENERAL CONDITIONS OF USING THE STORE

11.1. All content presented or placed in the Store, including, but not limited to: Application, logos, icons, trademarks, texts, graphics, photographs, moving images // videos, images, sounds, graphics and software (Content), is the property of the Seller. All elements of the Store, including the Application, general design and content, may be protected by: copyrights, personal rights, rights to databases, trademark and other regulations pertaining to intellectual property rights. No part or element of the Store or its content may be copied or retransmitted in any way, except for actions resulting from this or any other agreement with the Seller.

11.2. The content contained in the Store is for information purposes only and does not constitute an offer.

11.3. The Customer confirms and accepts that the Seller is not responsible for the availability of services, in particular websites or materials belonging to or from third parties, and made available through the Store, as well as does not endorse or be responsible for content, advertising, products or services available on or through these websites, or for any damages, losses or offenses committed or allegedly committed by or in connection with the use or reliance on the content, advertising, products or services available on or through such websites or materials. All transactions between the Customer and advertisers or sellers found on or through the Store, including payments for and delivery of products, services and any other terms, conditions, warranties and statements related to such transactions, apply only to the Customer and the advertiser or seller. The Customer undertakes not to burden the Seller with any damages or losses incurred as a result of such transactions.

11.4. The seller respects the privacy of people who visit and use the Store. Detailed information on the manner in which the Store uses cookies, the types of information that the Seller collects, how and for what purposes uses this information and circumstances in which it can disclose them, can be found in the Privacy Policy.

 

12. FINAL PROVISIONS 

12.1. In matters not covered by the Regulations, the provisions of Polish law, in particular the Civil Code and the Act on consumer rights, apply.

12.2. All provisions of the Regulations shall be interpreted separately and independently of each other. If any provision is considered invalid or unenforceable, it shall be considered excluded from the Regulations and shall not affect the enforceability of other provisions of the Regulations.

12.3. The binding version of the Regulations is the Polish version. The English version is for information purposes only.

12.4. Regulations are subject to Polish law and the jurisdiction of Polish courts.

12.5. All disputes related to the services provided by the Seller as part of the Store will be resolved by common courts.

12.6. The seller informs that there are possibilities to use extrajudicial ways to handle complaints and redress. Making use of them is voluntary and can only take place if both parties of the dispute agree: (a) The Consumer may request the initiation of proceedings regarding extrajudicial resolution of consumer disputes regarding the concluded Sales Agreement to the Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended), (b) The Consumer may also submit a request for recognition of a dispute regarding the concluded Sales Agreement by a permanent arbitration court operating at the relevant voivodeship inspectorate of the Trade Inspection, in accordance with art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2001 No. 4, item 25, as amended), (c) The European Commission also provides a platform for online dispute resolution between Consumers and Entrepreneurs (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/. Detailed information on the settlement of consumer disputes, including the Consumer's option of out-of-court complaint handling, redress and access rules to these procedures are available at the headquarters and on the websites of the provincial inspectorates of the Trade Inspection and at the following Internet address: https://uokik.gov.com/spory_konsumenckie.php.

12.7. The Customer has the right before submitting the Order to negotiate all provisions of the contract with the Seller, including those amending the provisions of the following Regulations. Negotiations, these should be kept in writing and directed to the address of the Seller. In the event of the Customer's resignation from the possibility to conclude a contract by way of individual negotiations, the following Regulations and applicable law shall apply.

12.8. The Seller declares that he is not a member of an organization applying a code of good practice within the meaning of art. 2 point 5 of the Act of August 23, 2007 on Counteracting Unfair Market Practices.

12.9 The changes to the Regulations and their scope will be notified to Clients via e-mail (on the e-mail address provided during registration or order). The notification will be sent at least 30 days before the entry into force of the new Regulations.

12.10 The current version of the Regulations is always available to the Customer in the "REGULATIONS" tab. During the execution of the Order and throughout the Client's after-sales care period, the Regulations accepted by him when placing the Order apply.

 

ANNEX 1

If the Goods purchased in the Store has been delivered by a courier and are damaged, we recommend that you write damage protocol in the presence of a courier. Courier should be equipped with printed protocol template. At the request of the Customer he will take the package and send it back to us. Please inform the Store of the situation using this email address hello@huba.studio.

NOTE! Due to the potential risk of damage to the Goods during transport we recommend that you open the package at the time of the arrival, i.e. in the presence of the courier, and drew up aforementioned damage protocol. This shall apply in particular in case of high value Goods which may be damaged during transport. Signing damage protocol enables us to initiate a warranty claim against delivery company.

If Goods purchased in the Store are damaged please send your warranty claim using this address hello@huba.studio.  In any case please do not send to us Goods without prior contact with our Store’s support. Note: WE DO NOT PICK-UP SUCH ITEMS if send to us without prior notification.

 

Notification should include the following:

- email title should contain words "warranty claim" and your Order No. - this will speed up the procedure.

- The contact details of the Customer who made purchase, telephone number, e-mail addres

- Name/code of purchased Goods.

- Description of the defect, and

- If possible, photos (2-5) showing the defect. This will allow us to asses the situation based on this first email and to find appropriate solution right away!

 

Next steps:

- If the claim is pre-approved, we will notify you on the solution.

- After assessment of the claim and Goods by our Complaint Department and acceptance thereof, repaired or new goods will be sent to the Customer within 14 business days.

- Should repair or replacement be not possible, a refund of the purchase price will be made to the bank account of the Customer.

- If the claim is rejected, you will be informed via email and the Goods will be shipped back to your address. All delivery transport costs will be payable by the Customer at the pick-up.

 

Should your claim be accepted all delivery costs (delivery to the Seller and sending back to the Customer) shall be borne by the Seller. In case of a claim refusal all delivery costs (delivery to the Seller and sending back to the Customer) shall be borne by the Customer.