Terms and Conditions

1. Introductory Provisions

The bilson.studio online store, available at https://bilson.studio/, is operated by Bilson Design Kamil Biel, a business owner with its registered office in Żywiec (address: ul. Fabryczna 1, 34-300 Żywiec, Poland), entered into the Central Registration and Information on Business (CEIDG); Tax Identification Number (NIP): 5532565337, National Business Registry Number (REGON): 385841103.

2. Definitions

Consumer – a consumer within the meaning of Article 221 of the Civil Code, as well as a natural person concluding a contract directly related to their business activity, when the content of such contract indicates that it is not of a professional nature for that person, arising in particular from the subject of their business activity, disclosed pursuant to the provisions of the CEIDG. Seller – a natural person conducting business activity, entered in the Central Register and Information on Business Activity.
Customer – any entity making purchases through the Store.
Entrepreneur – a natural person, legal entity, or organizational unit without legal personality, granted legal capacity by a separate act, conducting business activity on its own behalf and using the Store. Store – an online store operated by the Seller at https://bilson.studio/sklep/
Distance Contract – a contract concluded with the Customer as part of an organized distance contracting system (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract, e.g., a Goods sales contract, a digital services contract (if applicable), a digital content supply contract (if applicable).
Goods – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
Digital Content – data produced and delivered in digital form, not delivered on a tangible medium.
Digital Service – a service that allows the consumer to:
1) produce, process, store, or access digital data,
2) share digital data sent or generated by the consumer or other users of this service,
3) other forms of interaction using digital data.
Terms and Conditions – these Store Terms and Conditions. Order – a Customer’s declaration of intent submitted via the Order Form, directly leading to the conclusion of a Product Sales Agreement or Products with the Seller.
Account – a Customer account in the Store, collecting data provided by the Customer and information about Orders placed in the Store.
Registration Form – a form available in the Store, enabling the creation of an Account.
Order Form – an interactive form available in the Store, enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including delivery and payment methods.
Cart – a component of the Store’s software, displaying the Products selected by the Customer for purchase, and enabling the setting and modification of Order details, particularly the quantity of Products.
Sales Agreement – a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store. A Sales Agreement also includes – as applicable to the Product’s features – a service agreement and a contract for specific work.

3. Contacting the Store

Seller’s address: Bilson Design Kamil Biel, ul. Fabryczna 1, 34-300 Żywiec, Poland
Seller’s email address: info@bilson.studio
Seller’s telephone number: +48 517 312 291
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this section.
The Customer may communicate with the Seller by phone between 7:30 a.m. and 2:00 p.m.

4. Technical requirements

To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are required:

a device with internet access and a web browser such as:

Chrome

Firefox

Microsoft Edge

Safari

Opera

an active email account

cookies enabled

5. General Information

To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the operation of the Store, caused by force majeure, unauthorized third-party actions, or incompatibility of the Online Store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require creating an Account. Customers can place orders for Products in the Store’s assortment either by creating an Account in accordance with the provisions of § 6 of the Terms and Conditions, or by providing the necessary personal and address data to enable Order fulfillment without creating an Account.
Prices listed in the Store are given in Polish zloty and are gross prices (including VAT).

6. Creating an Account in the Store

To create an Account in the Store, complete the Registration Form. The following information is required: email address and password.
Creating an Account in the Store is free.
Logging in to the Account is done by entering the login and password specified in the registration form.
The Customer may delete their Account at any time, without giving a reason and without incurring any fees, by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.

7. Rules for Placing an Order

To place an Order, you must:

enter the Store;

select the Product that is the subject of the Order, and then click the “Add to Cart” button;

log in or use the option to place an Order without registration;

If you choose to place an Order without registration, complete the order form by entering the recipient’s details and the address to which the Product is to be delivered, select the shipping method (Product delivery method), enter the invoice details if different from the recipient’s details,
click the “Order and pay” button,
select one of the available payment methods and, depending on the payment method, pay for the order within the specified time, subject to § 9 point 3,
if the subject of the contract is the delivery of Digital Content or Digital Services that are not stored on a tangible medium, or services provided electronically or remotely, the Consumer expresses the following consent in the additional checkbox required to place the order and located on the Electronic Order Form: “I consent to the delivery of digital content that is not stored on a tangible medium or to the commencement of the provision of the service before the expiry of 14 days from the date of conclusion of the contract, and I acknowledge the loss of the right to withdraw from the contract.” The Seller will confirm receipt of the aforementioned consent by email.

8. Available Delivery and Payment Methods

The Customer may use the following delivery or collection methods for the ordered Product:
1) Courier delivery, cash on delivery.
The Customer may use the following payment methods:
1) Cash on delivery;
2) Payment by bank transfer to the Seller’s account;
3) Przelewy24 electronic payments;
4) Payment by credit card. The payment card operator is PayPro SA, Settlement Agent, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0000347935, Tax Identification Number (NIP) 7792369887, Regon (National Business Registry Number) 301345068.
Shipping time – up to 48 hours on business days. Detailed information on delivery methods and accepted payment methods can be found on the Store’s website.

9. Execution of the Sales Agreement

The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the order form in the Online Store in accordance with § 7 of the Terms and Conditions.
After placing the Order, the Seller immediately confirms receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by the Seller sending the Customer an appropriate email to the Customer’s email address provided during the Order placement process. This email message contains at least the Seller’s statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email, the Sales Agreement between the Customer and the Seller is concluded.

If the Customer chooses:
1) payment by bank transfer, electronic payment, or payment by card, the Customer is obligated to make the payment immediately upon placing the order – otherwise, the order will be canceled.
2) payment in cash upon personal collection of the shipment – the Customer is obligated to make the payment upon delivery. 3) If the Customer has selected a delivery method other than personal pickup, the Product will be shipped by the Seller within the time specified in the Product description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.

If Products with different delivery times are ordered, the delivery date is the longest specified time.
The delivery time for the Product to the Customer begins as follows:
1) If the Customer selects bank transfer, electronic payment, or payment card – from the date the Seller’s bank account is credited.
2) If the Customer selects cash on delivery – from the date of conclusion of the Sales Agreement.

If the Customer selects personal pickup of the Product, the Product will be ready for pickup by the Customer within the time specified in the Product description. The Customer will be additionally informed about the Product’s readiness for pickup.

10. Right of Withdrawal

The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The period specified in paragraph 1 begins upon delivery of the Product to the Consumer or a person designated by the Consumer other than the carrier.
In the case of an Agreement covering multiple Products delivered separately, in batches, or in parts, the period specified in paragraph 1 begins upon delivery of the last item, batch, or part.
In the case of an Agreement involving the regular delivery of Products for a specified period (subscription), the period specified in paragraph 1 begins upon taking possession of the first item.
The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the withdrawal period, it is sufficient for the Consumer to send the declaration before the expiry of this period. The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller’s email address or by submitting the declaration on the Seller’s website – the Seller’s contact details are specified in § 3. The declaration may also be submitted on the form, a template of which is attached as Annex 1 to these Terms and Conditions and as an annex to the Act of 30 May 2014 on Consumer Rights, but this is not mandatory.

The right to withdraw from a contract concluded off-premises or remotely does not apply to the consumer in the following cases:

1) for the provision of services for which the consumer is obligated to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has performed the service, the consumer will lose the right to withdraw from the contract and has acknowledged this;

2) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period; 3) where the subject of the service is non-prefabricated goods, manufactured according to the consumer’s specifications or intended to meet their individual needs;
4) where the subject of the service is goods that spoil quickly or have a short shelf life;
5) where the subject of the service is goods delivered in sealed packaging that cannot be returned after opening for health or hygiene reasons if the packaging is opened after delivery;
6) where the subject of the service is goods that, due to their nature, are inseparably connected with other items after delivery;
7) where the subject of the service is audio or visual recordings or computer programs delivered in sealed packaging if the packaging is opened after delivery;
8) for the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements; 9) for the supply of digital content not supplied on a tangible medium, for which the consumer is obligated to pay the price, if the trader commenced the performance with the express and prior consent of the consumer, who was informed before the commencement of the performance that the right to withdraw from the contract would be lost after the trader’s performance, and the consumer acknowledged this, and the trader provided the consumer with the confirmation referred to in Article 15 paragraphs 1 and 2 or Article 21 paragraph 1 of the Act of 30 May 2014 on Consumer Rights;
10) In the event of withdrawal from the contract for the supply of Digital Content or a Digital Service, the Seller may prevent the Consumer from further use of the Digital Content or Digital Service, in particular by preventing the Consumer from accessing the Digital Content or Digital Service.
11) In the event of withdrawal from the contract for the supply of Digital Content or a Digital Service, the Consumer is obligated to cease using the Digital Content or Digital Service and to make it available to third parties.

11. Complaints and Warranty

1. Complaints regarding a defect in the Goods or non-conformity of the Goods with the concluded Distance Selling Agreement may be submitted:
1) via the Electronic Complaint Form
2) in writing to the Seller’s registered office address or by email to the address.

The complaint must specify the defect that the Consumer believes the Goods have, the claims against the Seller, and, if possible, document the defect. The Seller is obligated to respond to the complaint within 14 days of its receipt. If the Seller fails to respond within the aforementioned period, the complaint will be deemed accepted. The Seller will provide the Consumer with a response to the complaint in writing or on a Durable Medium.

Detailed provisions regarding complaints regarding Goods – movable items (including movable items with digital elements), but excluding movable items that serve solely as a carrier of digital content – purchased by the Customer under the Sales Agreement

12. Extrajudicial Complaint and Redress Procedures

Detailed information regarding the Consumer’s ability to use extrajudicial complaint and redress procedures, as well as the rules for accessing these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection:
– Consumer Disputes
– Individual Disputes
– Important Addresses
The following examples of extrajudicial complaint and redress procedures are available to the Consumer:

1) The Consumer has the right to refer to a permanent consumer arbitration court, referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
2) The Consumer is entitled to contact the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings to amicably resolve the dispute between the Consumer and the Seller. 3) Consumers may obtain free assistance in resolving a dispute between them and the Seller, also using the free assistance of a district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers).

13. Personal Data in the Online Store

The Seller is the controller of Customers’ personal data collected through the Online Store.
Customer personal data collected by the controller through the Online Store is collected for the purpose of fulfilling the Sales Agreement and, if the Customer consents, also for marketing purposes.
The recipients of Customers’ personal data in the Online Store may be:
1) In the case of a Customer who uses postal or courier delivery in the Online Store, the Controller shares the collected Customer personal data with a selected carrier or intermediary handling shipments on behalf of the Controller. 2) In the case of a Customer who uses electronic payments or a payment card in the Online Store, the Administrator shares the Customer’s collected personal data with the selected entity handling these payments in the Online Store.
The Customer has the right to access and correct their data.
Providing personal data is voluntary, however, failure to provide the personal data required to conclude a Sales Agreement as specified in the Terms and Conditions will result in the inability to conclude such an agreement.

14. Final Provisions

Agreements concluded through the Online Store are concluded in Polish.
The Seller reserves the right to amend the Terms and Conditions for important reasons, including: changes in legal provisions, changes in payment and delivery methods – to the extent such changes affect the implementation of these Terms and Conditions. The Seller will inform the Customer of any changes at least 7 days in advance.

In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Consumer Rights Act; and the Personal Data Protection Act. Customers have the right to use out-of-court complaint and redress mechanisms. To do this, they can submit a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.