TERMS OF USE

Concluding an agreement between Buyer and Seller may take place in two ways.

Before placing an order, Buyer has got the right to negotiate any provisions of the agreement with Seller, including changing the provisions of the agreement. Such negotiations shall be conducted in a written form and sent to the address of the Seller (SPONN DESIGN Renata Zielonka, Wymysły 40B, 05-180 Pomiechówek).

Providing a Buyer resigns from the possibility to conclude the agreement through individual negotiations, the regulations and applicable provisions of law shall apply.



REGULATIONS

1 Definitions

  1. Postal address – name and surname or name of institution, location in town (in towns divided into streets: street, house number, apartment or place number, in towns not divided into streets: name of town and apartment number), post code, town.
  2. Reclamation address:

SPONN DESIGN Renata Zielonka

Wymysły 40B, 05-180 Pomiechówek



  1. Delivery pricelist – at http://sponndesign.com/strona/dostawa comparison of available sorts of delivery and their costs.
  2. Contact data:

SPONN DESIGN Renata Zielonka 
Wymysły 40B, 05-180 Pomiechówek 
e-mail: sponndesign@gmail.com 

  1. Delivery – sort of a transport service with a specified carrier and cost, stated in delivery pricelist at http://sponndesign.com/strona/dostawa
  2. Proof of purchase – invoice, bill or receipt issued in accordance with the tax from goods and services Act from 11 March 2004, as amended, and with other applicable provisions of law.
  3. Product fiche – a single subpage of the shop containing information concerning a single product.
  4. Client – an adult natural person with legal capacity, a legal person or an organizational unit that is not a legal personality but possessing legal capacity, doing at Seller’s a purchase connected directly to his business or professional activity.
  5. Civil code – the civil code act from 23 April 1964, as amended.
  6. Code of good practice – a set of rules of conduct, in particular ethical and professional norms stated in Art. 2.5 of the Unfair Marketing Practices Counteraction Act from 23 August 2007, as amended.
  7. Consumer – an adult natural person with legal capacity, doing at Seller’s a purchase not connected directly to his business or professional activity.
  8. Basket – a list of products made out of products offered at the shop on the basis of Buyer’s choices.
  9. Buyer – both Consumer and Client.
  10. Place of releasing objects postal address or point of acceptance stated in order by Buyer.
  11. Time of releasing objects – a time when a Buyer or an assigned by him third party takes an object in possession.
  12. Payment – a method of doing a payment for a contract subject and delivery specified at http://sponndesign.com/strona/platnosci
  13. Consumer law – the consumer rights act from 30 May 2014.
  14. Product – a minimal and undivided quantity of objects that may be a subject of order, that is specified at Seller’s shop as a measuring unit for determining the price (price/unit).
  15. Contract subject – products and delivery that are a subject of agreement.
  16. Subject of a benefit – contract subject.
  17. Point of acceptance – a place of releasing objects that is not a postal address, specified in a statement shared by Seller at his shop.
  18. Object – a moveable property that can be or is a contract subject.
  19. Shop – internet service available at http://sponndesign.com, through which a Buyer can place an order.
  20. Seller:

SPONN DESIGN Renata Zielonka  
Wymysły 40B, 05-180 Pomiechówek  
e-mail: sponndesign@gmail.com 

NIP: 758 212 97 40
zarejestrowany i widoczny w ewidencji CEIDG pod adresem: 
https://prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/Se...
KONTO BANKOWE:

IBAN PL76114020040000351204332029

  1. System – a set of IT devices and software cooperating with each other, providing processing and storage, as well as sending and receiving data through telecommunication networks due to a terminal equipment proper for a particular sort of network, colloquially called the internet.
  2. Completion date – a number of hours or working days provided on the product fiche.
  3. Agreement – an agreement concluded beyond entrepreneur’s office or at distance, as understood by the consumer rights Act from 30 May 2014, in the case of Consumers, and sales contract, as understood by Art. 535 of the civil code Act from 23 April 1964, in the case of Buyers.
  4. Defect – both a physical defect and a legal defect.
  5. Physical defect – non-compliance of a sold object with the agreement, in particular if the object:
    1. has not got features that an object of the kind should have due to a purpose specified in the agreement or resulting from circumstances or its purpose;
    2. has not got features that the Seller assured Consumer about;
    3. is useless for the purpose that Consumer informed Seller while concluding the agreement, and the Seller has not raised objections to such a purpose of the object;
    4. was handed out to Consumer in an incomplete state;
    5. in the case of its improper mounting or starting if the activities have been performed by Seller or a third party that the Seller is responsible for, or by Consumer who has obeyed the manual received from the Seller;
    6. has not got features assured by the producer or his representative, or a person that launches the object within his economic activity, or a person who marks the sold object with his name, trade mark or other distinguishing marking and introduces himself as the producer, unless the Seller has not known the affirmations, or, judging reasonably, could not know, or they might not influence Consumer’s decision to conclude the agreement, or their content was corrected before concluding the agreement.
  6. Legal defect – a situation when a sold object is a property of a third party or is charged with rights of a third party, or if any limitation in using or disposing the object results from a decision or judgment of a proper body.
  7. Order Buyer’s declaration of will issued through the shop, stating unambiguously: a sort and number of products; way of delivery; way of payment; place of releasing objects, Buyer’s data, and intended directly to conclude the agreement between a Buyer and Seller.


2 General conditions

  1. The agreement is concluded in Polish, in accordance with the Polish law and the regulations.
  2. Place of releasing objects has to be in the territory of the Republic of Poland.
  3. Seller is obliged and takes a commitment to provide services and deliver objects free of defects.
  4. All prices provided by the Seller are presented in Polish currency and are gross prices (include VAT). Product prices do not include delivery cost which is specified in the delivery pricelist.
  5. Any terms shall be calculated due to art. 111 of the Civil code, which means that a term determined in days ends with the end of the last day, and if the beginning of a term determined in days is a particular event, the day of the event shall not be taken into account for calculating the term.
  6. Confirmation, sharing, consolidation, protection of any crucial conclusions of the agreement in order to gain access to the information in the future shall take place by:
    1. confirming an order through sending to an indicated email address: the order, pro forma invoice, information concerning the right to withdraw from the agreement, a pdf version of the agreement, a pdf form pattern of withdrawal from the agreement, links for individual downloading of the regulations and a pattern of withdrawal from the agreement.
    2. adding to a completed order, sent to an indicated place of releasing objects, printed: proof of purchase, information concerning the right to withdraw from the agreement, the regulations, a pattern of withdrawal from the agreement.
  7. Seller informs about guarantees that are known to him and are granted by third parties for product at the shop.
  8. Seller does not charge any payments for contacting him via distance means of communication, and Buyer shall cover all the costs to the amount resulting from an agreement concluded with a third party providing him with a particular service enabling distance communication.
  9. Seller provides Buyer that uses the system proper operation of the shop on the following browsers: IE - version 7 or later, FireFox - version 3 or later, Opera - version 9 or later, Chrome - version 10 or later, Safari with installed latest versions of JAVA and FLASH, on screens with scanning parameters 1024 pixels. Using software of third parties affecting functioning and functionality of the browsers: Internet Explorer, FireFox, Opera, Chrome, Safari, may affect proper projecting of the shop, thus for achieving full functionality of the shop sponndesign.com, they should be all disabled.
  10. Buyer may use an option of saving his data by the shop in order to facilitate the process of placing another order. Due to do this, Buyer should provide his login and password which are indispensible for getting access to the account. Login and password are a sequence of signs specified by Buyer who is obliged to keep them secret and protect from any incompetent access of third parties. At any time Buyer may see, correct, update data and delete his account at the shop.
  11. Seller applies to the code of good practice.
  12. Buyer is obliged to:
      1. not deliver and transfer content prohibited by regulations of law, e.g. content promoting violence, libelling or infringing personal rights and other rights of third parties,
      2. use the shop in a way that does not infringe its functioning, in particular by using defined software and devices,
      3. not undertake any actions such as: distribution and placing within the shop any not ordered trade information (spam),
      4. use the shop in a way that remains non-burdensome for other Buyers and for the Seller,
      5. use any content placed within the shop solely for private usage,
      6. use the shop in accordance with regulations of law applicable in the territory of the Republic of Poland, provisions of the regulations, as well as general rules of etiquette.


3 Conclusion of the agreement and implementation


  1. Orders may be placed 24 hours a day.
  2. For the purpose of placing an order, a Buyer should perform at least the following steps, some of them may be done repeatedly:
    1. adding a product to the basket;
    2. selecting the way of delivery;
    3. selecting the way of payment;
    4. selecting the place of releasing objects;
    5. placing an order at the shop by using the button „Order and pay”.
  3. Concluding the agreement with a Consumer takes place with the moment of placing an order.
  4. Implementation of Consumer’s order with cash on delivery takes place immediately, and an order paid by a bank transfer or via an e-payment system is implemented after booking Consumer’s payment on Seller’s account, which should take place in 30 days from placing the order, unless the Consumer was unable to provide the benefit without any fault of his own and informed the Seller about that.
  5. Concluding the agreement with a Client takes place with the moment of accepting the order by the Seller, what the Client is informed about by the Seller within 48 hours from placing the order.
  6. Implementation of Client’s order with cash on delivery takes place immediately after concluding the agreement, and an order paid by a bank transfer via an e-payment system is implemented after concluding the agreement and booking Consumer’s payment on Seller’s account.
  7. Implementation of Client’s order may be dependent on making payment of an entire or a part of order’s value or achieving a limit of trade credit at least equal to the value of the order, or Seller’s consent to send the order with cash on delivery.
  8. Sending of a contract subject takes place in the term specified on the product fiche, and for orders consisting of many products in the longest term of the specified ones on the product fiches. The time limit shall commence on the moment of order implementation.
  9. A bought contract subject is, along with a sale document chosen by Buyer, sent to the Buyer by the way of delivery chosen by him in the order of the place of releasing objects, together with attachments mentioned in Art. 2.6b.


4 The right to withdraw from the agreement


  1. Consumer, on the basis of art. 27 of the Consumer law, is entitled to the right of withdrawing from a distance agreement without giving any reason and covering costs, except for the costs defined in art. 33 and 34 of the Consumer law.
  2. Term for withdrawing from a distance agreement is 14 days from the time of releasing objects, and to observe the term it is enough to send a declaration before it expires.
  3. Declaration on withdrawing from the agreement may be submitted by Consumer on a form which pattern is in the appendix No 2 to Consumer law, on a form available at sponndesign.com/strona/zwrot or other form compliant with the Consumer law.
  4. Seller shall immediately confirm to Consumer via e-mail (provided while concluding the agreement and via another one if was provided in submitted declaration) receiving the declaration on the withdrawal from the agreement.
  5. In the case of withdrawing from the agreement, the agreement shall be perceived as not concluded.
  6. Consumer is obliged to return the object immediately to the Seller but not later than 14 days from the day of the withdrawing from the agreement. To observe the term it is enough to send the objects back before its expiration.
  7. Consumer sends back the objects being the subject of the agreement that he withdrew from at his own expense and at his own risk.
  8. Consumer does not cover the costs of delivering digital content that is not recorded on a material medium if he has not agreed to provide the benefit before the expiration date of withdrawing from the agreement or has not been informed about the loss of the right to withdraw from the agreement at the moment of giving such a consent, or the entrepreneur has not delivered the confirmation in accordance with art. 15.1 and art. 21.1 of the Consumer law.
  9. Consumer bears responsibility for decreasing the value of an object being the contract subject due to using it in a way exceeding what is necessary to claim its character, features and functioning.
  10. Seller shall immediately, not later than 14 days from the day of receiving the declaration on the withdrawal from the agreement submitted by Consumer, refund the Consumer any payments performed by him, including costs of delivering the object, and if the Consumer has chosen the way of delivery different from the cheapest and simple way of delivery offered by the Seller, the Seller shall not refund the Consumer any extra costs in accordance with art. 33 of the Consumer law.
  11. Seller refunds the payment via the same medium of payment as used the Consumer, unless the Consumer has explicitly agreed to another way of payment that does not involve any costs on his side.
  12. Seller may refrain from refunding the payment received from Consumer to the moment of receiving the object back or delivering by the Consumer a proof of sending it back, depending on which of the actions is to take place first.
  13. Consumer, in accordance with art. 38 of the Consumer law, is not entitled to withdraw from the agreement:
    1. where the price or wage is dependent on financial market fluctuations which are not under Seller’s control, and which may take place before the expiration time of withdrawing from the agreement;
    2. where a subject of a benefit is a not prefabricated object, produced accordingly to consumer’s specifications or used for satisfying his individual needs;
    3. where a subject of a benefit is an object subjected to quick damage or with a short expiration date;
    4. where a subject of a benefit is an object delivered in a sealed package which cannot be returned after opening due to health protection or hygienic reasons if the package has been opened after delivery;
    5. where a subject of a benefit are objects which after delivery, due to their character, become inseparably connected with other objects;
    6. where a subject of a benefit are sound or visual recordings or computer programs delivered in a sealed package if the package has been opened after delivery;
    7. concerning delivering digital content which is not recorded on a material medium if providing a benefit has started with an explicit Consumer’s consent before the term of withdrawing from the agreement and after informing him by the entrepreneur about the loss of the right to withdraw from the agreement;
    8. concerning delivering dailies, periodicals or magazines, except for a contract for subscription.


5 Warranty


  1. Seller, basing on art. 558.1 of the Civil Code, completely excludes responsibility towards Clients on account of physical and legal defects (warranty).
  2. Seller is responsible to Consumer on the basis specified in art. 556 of the Civil code and the subsequent articles for defects (warranty).
  3. In the case of an agreement with a Consumer if a physical defect has been alleged by a year from the time of releasing objects, it shall be accepted that it existed at the moment of passing the danger to the Consumer.
  4. If a sold object has got a defect, Consumer can:
    1. submit a statement to demand lowering price;
    2. submit a statement to withdraw from the agreement;

unless the Seller immediately and without excessive inconvenience for Consumer replaces the defected object with a defect-free one or eliminates the defect. But if the object has already been replaced or repaired by the Seller or the Seller has not satisfied the duty to replace the defected object with a defect-free one or to eliminate the defect, he is not entitled to the right to have the object replaced or the defect eliminated.

  1. Consumer can, instead of eliminating a defect, suggested by Seller, demand replacing the object with a defect-free one, or, instead of replacing the object, demand eliminating the defect, unless making the object compliant with the agreement in the way chosen by the Consumer is impossible or would require excessive costs when compared to the way proposed by the Seller. While determining the excessiveness of costs, the value of a defect-free object and a kind and meaning of stated defect is taken into account, as well as inconveniences that other ways of satisfying would expose the Consumer to.
  2. Consumer cannot withdraw from the agreement if a defect is not meaningful.
  3. If a sold object has got a defect, Consumer can:
    1. demand replacing the object with a defect-free one;
    2. demand eliminating the defect.
  4. Seller is obliged to replace a defected object with a defect-free one or to eliminate the defect in reasonable time without any excessive inconveniences for the Consumer.
  5. Seller may refuse to satisfy Consumer’s demand if making the defected object compliant with the agreement in a way chosen by the buyer is impossible, or, when compared with another possible way of making compliance with the agreement, it would require excessive costs.
  6. Providing a defected object has been mounted, Consumer can demand from the Seller to dismount it and mount it again after replacing it with a defect-free one or eliminating the defect, but he is obliged to cover some of related costs exceeding the price of the sold object, or can demand from the Seller to cover some costs of dismounting and re-mounting to the amount of the sold object. Providing the Seller does not perform his duty, Consumer is entitled to perform the activities at the cost and risk of the Seller.
  7. Consumer performing the entitlements resulting from the warranty is obliged at the cost of the Seller to deliver the defected object to the reclamation address, and if due to a kind of the object or a way of its mounting its delivering by Consumer would be too difficult, the Consumer is obliged to share the object with the Seller at the place where it is located. In case of not performing the duty by the Seller, the Consumer is obliged to send back the object at the cost and risk of the Seller.
  8. Cost of replacing or repairing is borne by the Seller, expect for the situation described in art. 5.10.
  9. Seller is obliged to accept from Consumer a defected object in the case of replacing the object with a defect-free one or withdrawing from the agreement.
  10. Seller in fourteen days shall respond to:
    1. a statement concerning demanding for lowering price;
    2. a statement concerning withdrawing from the agreement;
    3. a demand to replace an object with a defect-free one;
    4. a demand to eliminate a defect.

Otherwise it shall be accepted that he has claimed as justified Consumer’s statement or demand.

  1. Seller shall be responsible on account of the warranty if a physical defect is stated before two years from the time of releasing the object to Consumer, and if a subject of sale is a second-hand good, the time shortens to a year from the time of releasing the object to Consumer.
  2. Consumer’s claim concerning elimination of a defect or replacing a sold object with a defect-free one shall be barred after a year, calculating from the day of stating the defect, but not earlier than two years from the time of releasing the object to Consumer, and if a subject of sale is a second-hand object the time shortens to a year from the time of releasing the object to Consumer.
  3. In the case when an expiry date of an object stated by Seller or producer is after two years from the time of releasing the object to Consumer, the Seller shall be responsible due to the warranty for physical defects of the objects stated before the expiry date.
  4. In terms specified in art. 5.15-17, Consumer can submit a statement concerning withdrawal from the agreement or lowering price due to a physical defect of the sold object, and if Consumer demanded replacing an object with a defect-free one or eliminating the defect, the period of time for issuing a statement concerning withdrawal from the agreement or lowering price starts with the moment of unsuccessful end of the time for replacing the object or eliminating the defect.
  5. In the case of court or arbitration panel actions concerning one of the entitlements resulting from the warranty, the term to perform other entitlements owed to Consumer on this account is to be suspended to the moment of receiving legally binding conclusions of court proceeding. Respectively, it is used for mediation process, but the term to perform the entitlements resulting from the warranty owed to Consumer starts its period from the day when the court refuses to approve a settlement concluded in front of a mediator or when mediations are finished unsuccessfully.
  6. To perform entitlements resulting from the warranty for legal defects of a sold object, act 5.15-17 is used, but the period of time starts from the day when Consumer got to know about a defect, and if Consumer got to know about a defect due to a complaint of a third party – from the day when an issued statement concerning the dispute with the third party comes into force.
  7. If Consumer, due to a defect of an object, submitted a statement concerning withdrawal from the agreement or lowering price, he can demand to redress the damage sustained due to the fact of concluding the agreement without any knowledge concerning the defect, even though the defect has resulted from circumstances that Seller is not responsible for, and, in particular, can demand refunding the costs of concluding the agreement, costs of collecting, shipping, storage and insuring the objects, refunding the expenditures in the scope he has not received any benefits from, and has not received their refund from the third party, and a refund of the costs of court proceedings. It shall not affect the rules concerning the duty to redress a damage according to general rules.
  8. Expiry of any term to state a defect shall not exclude the execution of entitlements resulting from the warranty if the Seller has insidiously concealed a defect.
  9. Seller, providing he is obliged to providing a benefit or a financial benefit for Consumer, shall provide it without undue delay, not later than within the term provided for by the law.



6 Privacy policy and security of personal data

  1. The administrator of personal data bases passed down by shop’s Consumers is the Seller.
  2. Seller is obliged to secure personal data in accordance with the personal data protection Act from 29 August 1997 and with the Act on providing services electronically from 18 July 2001. Providing the Seller with his personal data while placing an order, the Buyer gives his consent for its processing by the Seller in order to implement the order. Buyer has got the right to access, correct, update and delete his personal data at any time.
  3. Detailed rules for collecting, processing and storing personal data used for order implementation by the shop are described in the Privacy policy which is to be found at: sponndesign.com/strona/polityka-prywatnosci




7 Final provisions


  1. None of the provisions of the regulations is intended to infringe Buyer’s rights. Neither it can be interpreted in this way since if the case of incompliance of any part of the regulations with the applicable law, the Seller declares absolute subordination to the law and its implementation in the place of a doubtful provision of the regulations.
  2. Registered Buyers shall be informed electronically (to the email address determined while registration or placing an order) about changes of the regulations and their scope. The information shall be sent at least 30 days before the new regulations come into force. Changes shall be implemented in order to adjust the regulations to a current legal state.
  3. A current version of the regulations is always available for a Buyer in the bookmark regulations (sponndesign.com/strona/regulamin). During order implementation and during the period of care of Customer after sale, the applicable regulations are the ones accepted by him while placing an order. Except for the situations when Customer considers it as less favourable than a current one and informs the Seller about choosing the current one as applicable.
  4. In issues not regulated by the regulations, the applicable provisions of law shall be applied. If Consumer expresses his will, any disputes shall be settled through mediation proceedings at Provincial Inspectorates of Trade Inspection or through a proceeding at an arbitration panel by a Provincial Inspectorate of Trade Inspection. Consumer can also use equivalent and legal pre-court or non-judicial methods of settling disputes, e.g. via EU online platform ODR at http://ec.europa.eu/consumers/odr/. Eventually, a dispute is settled by a locally and materially competent court.