Regulations

These Regulations set out the terms and conditions for the provision of services by the Service Provider using the website https://grubaniciaszyte.pl/

Each Service Recipient is obliged to read the Terms and Conditions and the Service Provider's Privacy Policy and comply with their provisions. 

Service Provider's Address:

KOLEKTYW GNS Dagmara Pająk-Jeżowska, ul. Glogera 65 lok. 6, 31-222 Kraków

The Service Provider can also be contacted:

• via email: grubaniciaszyte@hotmail.com
• via contact form: https://grubaniciaszyte.pl/kontakt/

§ 1.

Definitions

Whenever the Regulations refer to:

Service Provider - it should be understood as Dagmara Pająk-Jeżowska running business activity under the name KOLEKTYW GNS Dagmara Pająk-Jeżowska, ul. Glogera 65 lok. 6, 31-222 Kraków, NIP: 9452220041, REGON: 380432707; 

Service - it should be understood as a lingerie service or tailoring service made to the individual order of the Customer from the Service Provider's own materials, consisting of the manufacture (sewing) for the Customer of underwear (bra, panties, swimsuit, robe, etc.) or other garments according to the dimensions specified by the Customer (standard or individual) and based on the model selected by the Customer presented on the website https://grubaniciaszyte.pl/;

Service provided electronically - it should be understood as a free service, available at https://grubaniciaszyte.pl/, provided electronically by the Service Provider to the Customer under the terms of the Regulations, i.e. the service of the order form, which allows to conclude a contract between the Customer and the Service Provider electronically (sending and receiving data is done by means of information and communication systems, at the individual request of the Customer, without the simultaneous presence of the parties);

Customer - shall mean an individual, legal entity or organizational unit with legal capacity, making or intending to make an Order for Services with the Service Provider using the order form available on the website https://grubaniciaszyte.pl/;

Consumer - should be understood as a Customer who is a natural person performing or intending to perform a legal action through the website https://grubaniciaszyte.pl/ not directly related to his/her business or professional activity, as well as a natural person concluding a contract directly related to his/her business activity, when the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity (the so-called entrepreneur on the rights of the consumer);

Order - it should be understood as submitted using the order form available on the website https://grubaniciaszyte.pl/ statement of intent of the Customer specifying the ordered Service by indicating: the selected model of underwear (other garment) to be made (sewn), the necessary dimensions of the underwear (other garment) possible comments to the order ( make necessary comments, design changes) and the quantity of the ordered underwear (other garment); the selected method of payment and delivery of the sewn underwear (other garment), as well as personal data of the Customer (name and surname, mailing address, address for shipment, telephone, e-mail address, optionally company name and NIP);

Privacy Policy - means the Privacy Policy available at https://grubaniciaszyte.pl/polityka-prywatnosci/.

§ 2.

General provisions

1. As a prerequisite for the Customer to order the Service via https://grubaniciaszyte.pl/, he/she must read and comply with the Terms of Service and Privacy Policy.
2. The content of the Terms and Conditions and Privacy Policy shall be made available to the Customer free of charge prior to placing an Order, and may be obtained, reproduced and recorded by the Customer free of charge at any time through the website https://grubaniciaszyte.pl/.
3. Before placing an Order, the Customer confirms that he/she has read and accepts all provisions of the Terms and Conditions and Privacy Policy. 
4. The information on the website https://grubaniciaszyte.pl/ concerning the Service offered by the Service Provider, in particular the descriptions and prices posted on the website, does not constitute an offer, but an invitation to conclude a contract within the meaning of Article 71 of the Act of April 23, 1964, Civil Code.
5. Use of the website https://grubaniciaszyte.pl/jestpossible subject to the provision by the Service Recipient at his own expense:

1. computer hardware with an operating system that allows the use of Internet resources, 
2. Internet connection,
3. access to an individual electronic mail (e-mail) account,
4. properly configured web browser in the latest official version with cookies enabled (e.g. Mozilla Firefox, Google Chrome, Safari, Opera).

6. The use of services provided electronically may involve risks on the part of any user of the Internet, consisting in the possibility of introducing harmful software into the recipient's data communications system and obtaining
   and modifying its data by unauthorized persons. In order to avoid the risk of such threats, the Service Recipient should use appropriate technical measures to minimize their occurrence, in particular anti-virus programs and firewall.
7. In particular, the Service Recipient shall:

1. not to provide or transmit content that is prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties,
2. use of the https://grubaniciaszyte.pl/ website in a manner that does not interfere with its operation, in particular by using certain software or devices,
3. not to take actions such as: sending or posting commercial information (spam) within the https://grubaniciaszyte.pl/niezamówionejwebsite,
4. use of the website https://grubaniciaszyte.pl/ in a manner that is not burdensome to other Service Recipients and to the Service Provider,
5. use of any content posted within the https://grubaniciaszyte.pl website only for your own personal use,
6. use of the https://grubaniciaszyte.pl/ website in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.

§ 3.

Placing an Order and Performing the Service

1. The Service Provider provides Services exclusively in the territory of Poland. 
2. The performance of the Service is carried out at the individual request of the Service Recipient.
3. Ordering of the Service by the Customer requires:

1. placing an Order by filling in the order form available on the website https://grubaniciaszyte.pl/ and
2. making payment of the price for the Service.

4. The contract for electronic provision of the order form service comes into effect when it is made available for the purpose of placing an Order. The order form service is a one-time service and is terminated when the Order is placed by the Customer or when the Order form is discontinued before the Order is placed.
5. In the order form, the Customer indicates: the selected model of underwear (other garment), the necessary dimensions of the underwear (other garment), the quantity of the ordered underwear (other garment), the selected methods of payment and delivery of the sewn underwear (other garment), as well as personal information (name and surname, mailing address, shipping address, telephone, e-mail address, optionally company name and Tax Identification Number). The Customer confirms the placement of the Order by selecting the "Order and pay" option (or any other option confirming the order with the obligation to pay).
6. Submission of the Order by the Client constitutes an offer to the Service Provider to conclude a contract, the subject of which is the performance of Services for the benefit of the Client. 
7. After placing an Order, the Customer receives confirmation of acceptance of his offer by the Service Provider by e-mail, to the e-mail address indicated by the Customer.
8. The service is provided by the Service Provider based on the details of the selected model and the indicated dimensions of underwear (other clothing) received from the Customer.
9. The Service Provider stipulates that the Customer's provision of erroneous, false, incorrect or incomplete data in the order form may lead to improper processing of the Order, for which the Service Provider is not responsible.
10. The Service Provider shall proceed to perform the Service after the payment of the price by the Customer.
11. The time for performance of the Service is up to 13 working days and is calculated from the time of receipt of payment by the Service Provider (including receipt of funds to the Service Provider's bank account when choosing payment using the PayPo deferred payment system) or from the receipt of the dimensions, if they were sent, after payment.
12. The performance of the Service is carried out by sewing underwear (other clothing) according to the individual order of the Service Recipient and sending the Service Recipient the sewn underwear (other clothing) to the address indicated in the order form.

§ 4.

Price and payment methods offered

1. The price of the Service is gross price (includes VAT) and is given in Polish zloty. 
2. The price of the Service includes the price of materials used to perform the Service.
3. The performance of the Service is documented by a fiscal receipt or a VAT invoice. 
4. The price of the Service does not include the cost of delivery of the sewn lingerie (other clothing) to the Customer and any costs arising from the payment method selected by the Customer. 
5. The Service Provider reserves the right to change the price of the Service and to carry out and cancel promotional actions. In such cases, the price indicated next to the promotional price is the lowest price at which the Service was available during the last 30 days. 
6. The service provider does not apply individual price adjustment on the basis of automated decision-making.
7. Payment for the Service is made by BLIK or by quick online transfer via the Przelewy24 system. It is also possible to use the PayPo deferred payment system, in accordance with the regulations available at https://paypo.pl/.
8. Failure to pay the order within 3 days from the date of its placement is equivalent to cancellation of the order. In the case of mini drops, the time for payment of the order is 48 h.

§ 5.

Delivery method and cost

1. The service provider sends the sewn underwear (other clothing) only on the territory of Poland.
2. The cost of delivery of sewn lingerie (other clothing) depends on the selected method of delivery:
   1. InPost courier delivery - 19,00 zł,
   2. InPost parcel machine - PLN 16.00.
3. The cost of delivery of sewn underwear (other clothing) shall be borne by the Customer. 
4. The sewn lingerie (other garment) is delivered to the Customer through the supplier selected by the Customer to the address indicated in the order form.
5. If an Inpost parcel machine is selected, the delivery address is the address of the parcel machine selected by the Customer at the time of placing the Order.
6. The service provider is not responsible for delays in delivery of shipments by carriers. 

§ 6.

Complaint procedure

1. The service provider is responsible for the conformity of the sewn underwear (other clothing) to the contract. 
2. If the sewn lingerie (other garment) has defects, the Consumer has the right to make a complaint under the rules set forth in the Law of May 30, 2014 on Consumer Rights, since according to Chapter 5a of this Law, with respect to contracts that obligate the transfer of ownership of goods to the consumer - including if the goods are the result of a contract for work - if the goods are not in conformity with the contract, the Consumer is entitled to the rights set forth in this chapter. In such a case, however, the provisions of Book Three of Title XI of Part II of the Act of April 23, 1964, the Civil Code, concerning the so-called warranty, do not apply. 
3. The consumer may file a complaint:

1. by courier to the address KOLEKTYW GNS Dagmara Pająk-Jeżowska, ul. Glogera 65 lok. 6, 31-222 Kraków or 
2. By e-mail to e-mali: grubaniciaszyte@hotmail.com.

4. The complaint should include the Consumer's identification data (name, surname, mailing address, e-mail address), a description of the reported concerns and an indication of the Consumer's desired method of solving the problem. 
5. In order to process the complaint, the Consumer should send or deliver the advertised underwear (other clothing) to the Service Provider, enclosing the proof of purchase. The goods should be delivered or sent to the address indicated in paragraph 3.
6. If the data or information provided by the Consumer is not sufficient to process the complaint, the Service Provider will immediately contact the Consumer to supplement the existing deficiencies of the complaint. 
7. The complaint shall be processed immediately, no later than within 14 days of receipt of the complaint. The Service Provider shall respond to the complaint in writing or electronically, if the Consumer has provided an e-mail address, within 14 days of receipt. Failure to respond within 14 days shall be treated as acceptance of the complaint.
8. If a complaint is not accepted by the Service Provider, the Consumer may pursue his or her claims in court or use out-of-court means of handling complaints and pursuing claims.
9. The sewn underwear (other garment) - referred to as the goods for the purposes of the complaint procedure - is in accordance with the contract, if, in particular, its conformity to the contract remains:

1. description, type, quantity, quality, completeness and functionality,
2. suitability for the specific purpose for which it is needed by the Consumer, which the Consumer notified the Service Provider at the latest at the time of the conclusion of the contract and which the Service Provider accepted.
3. In addition, the goods, to be considered in conformity with the contract, must:

1. be suitable for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practices,
2. occur in such quantity and have such characteristics, including durability and safety, as are typical for goods of this type and which the Consumer may reasonably expect, taking into account the nature of the goods and the public assurances made by the Service Provider, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Service Provider demonstrates that:

• did not know about the public assurance in question and, judging reasonably, could not have known about it,
• prior to the conclusion of the contract, the public assurance has been rectified in compliance with the terms and form in which the public assurance was submitted, or in a comparable manner,
• public assurance did not affect the Consumer's decision to enter into the contract;

10. be delivered with packaging, accessories and instructions that the Consumer can reasonably expect to receive,
11. be of the same quality as the sample or design that the Service Provider made available to the Consumer prior to the conclusion of the contract, and correspond to the description of such sample or design.

11. The Service Provider shall not be liable for the lack of conformity of the goods with the contract to the extent referred to in paragraph 10, if the Consumer, at the latest at the time of the conclusion of the contract, was expressly informed that a specific feature of the goods deviates from the requirements for conformity with the contract specified in paragraph 10, and expressly and separately accepted the lack of a specific feature of the goods.
12. The Service Provider shall be liable for the lack of conformity of the goods with the contract existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the goods, as determined by the Service Provider, its legal predecessors or persons acting on their behalf, is longer. The lack of conformity of the goods with the contract, which became apparent before the expiration of two years from the time of delivery of the goods, shall be presumed to have existed at the time of delivery, unless the contrary is proven or the presumption cannot be reconciled with the specifics of the goods or the nature of the lack of conformity of the goods with the contract.
13. The Service Provider may not invoke the expiration of the time limit for determining the non-conformity of the goods with the contract specified in paragraph 12, if it has deceitfully concealed this non-conformity.
14. If the goods are not in conformity with the contract, the consumer may demand repair or replacement.
15. The Service Provider may make a replacement when the Consumer requests a repair, or the Service Provider may make a repair when the Consumer requests a replacement, if it is impossible or would require excessive costs for the Service Provider to bring the goods into conformity with the contract in the manner chosen by the Consumer. If repair and replacement are impossible or would require excessive costs for the Service Provider, the Service Provider may refuse to bring the goods into conformity with the contract.
16. In assessing the excessiveness of the costs for the Service Provider, all the circumstances of the case shall be taken into account, in particular, the significance of the non-conformity of the goods with the contract, the value of the conforming goods and the excessive inconvenience to the Consumer caused by the change in the manner of bringing the goods into conformity with the contract.
17. The Service Provider shall repair or replace within a reasonable time from the moment the Service Provider is informed by the Consumer of the non-conformity with the contract, and without undue inconvenience to the Consumer, taking into account the nature of the goods and the purpose for which the Consumer purchased them. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be borne by the Service Provider.
18. The Consumer shall make the goods subject to repair or replacement available to the Service Provider. The Service Provider shall collect the goods from the Consumer at its expense.
19. The consumer is not obliged to pay for the mere use of the goods, which were subsequently replaced.
20. If the goods are inconsistent with the contract, the Consumer may make a statement of price reduction or withdrawal from the contract when:

1. The service provider refused to bring the goods into conformity with the contract in accordance with paragraph 15,
2. The service provider failed to bring the goods into conformity with the contract in accordance with paragraph 17,
3. the non-conformity of the goods with the contract continues, even though the Service Provider has tried to bring the goods into conformity with the contract,
4. the lack of conformity of the goods with the contract is so significant that it justifies either a reduction in price or withdrawal from the contract without first exercising the option to demand repair or replacement,
5. it is clear from the Service Provider's statement or circumstances that it will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.

21. The reduced price must remain in such proportion to the contract price as the value of the non-conforming goods remains to the value of the conforming goods.
22. The Service Provider shall return to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer's statement on price reduction.
23. The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial. The lack of conformity of the goods with the contract is presumed to be material.
24. If the lack of conformity applies only to some of the goods delivered under the contract, the Consumer may withdraw from the contract only with respect to those goods, as well as with respect to other goods purchased by the Consumer together with the non-conforming goods, if the Consumer cannot reasonably be expected to agree to keep only the conforming goods.
25. In the event of withdrawal from the contract, the Consumer shall immediately return the goods to the Service Provider at his expense. The Service Provider shall return the price to the Consumer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
26. The Service Provider shall refund the price using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for the Consumer.
27. The right of complaint also applies to services provided by the Service Provider electronically free of charge. 
28. If the Customer is a businessman who does not act under the rights of a consumer, the parties exclude the Service Provider's liability under warranty.

§ 7.

Out-of-court ways of handling complaints and claims by Consumers

1. The use of out-of-court means of dealing with complaints and claims is voluntary. The following provisions are for informational purposes and do not constitute an obligation on the part of the Service Provider to use out-of-court dispute resolution. The Service Provider's statement of consent or refusal to participate in the procedure for out-of-court settlement of consumer disputes shall be submitted by the Service Provider in writing in the event that the dispute is not resolved following a complaint filed by the Consumer.
2. Detailed information on the consumer's ability to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the website address of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/.
3. The consumer has the following examples of out-of-court means of complaint handling and redress:

1. The Consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection to resolve a dispute between the Consumer and the Service Provider, 
2. The Consumer is entitled to apply to the Provincial Inspector of Commercial Inspection, pursuant to Article 36 of the Law of December 15, 2000 on Commercial Inspection, to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Service Provider, 
3. A consumer may obtain free assistance in resolving a dispute between him and the Service Provider, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).

§ 8.

Withdrawal from the contract

1. According to the provisions of the Law of May 30, 2014 on consumer rights, a consumer has the right to withdraw from a contract - in the performance of which the trader issues an item, being obliged to transfer its ownership - concluded off-premises or at a distance, without giving any reason, by submitting a relevant statement to the trader in writing within 14 days of taking possession of the item, subject to paragraphs 2-4. 
2. Pursuant to Article 38(1)(3) of the Law of May 30, 2014 on consumer rights, the right of withdrawal from an agreement concluded off-premises or at a distance does not apply to a consumer with respect to an agreement in which the subject of performance is a non-refabricated item, manufactured to the consumer's specifications or intended to meet his individualized needs.
3. Taking into account that underwear (other clothing) sewn to measure by the Service Provider - both according to standard and individual dimensions - is a non-refabricated and personalized item - produced according to the Consumer's specifications and serving to meet his individualized needs, the Consumer is not entitled to withdraw from the contract concluded with the Service Provider. 
4. The consumer - by accepting these Regulations and placing an Order using the order form available on the website https://grubaniciaszyte.pl - is informed of the content of Article 38(1)(3) of the Act of May 30, 2014 on Consumer Rights. 

§ 9.

Gift vouchers

1. An order for a gift voucher, which is a form of payment for lingerie (other clothing), can be placed with the Service Provider via email grubaniciaszyte@hotmail.com or via the Service Provider's social media. 
2. The gift certificate is issued by the Service Provider for the amount indicated by the purchaser. 
3. After the payment for the voucher is credited, the voucher - in a printable electronic version - is sent by the Service Provider to the purchaser at the e-mail address provided by the purchaser. 
4. The gift certificate is a named voucher. 
5. A gift voucher is valid for one year from the moment it is issued by the Service Provider. The purchaser or user (the person to whom the gift voucher was given) has no claim against the Service Provider for a refund of the nominal value of the voucher not redeemed until the expiration of the validity period. 
6. The gift certificate must be used once, in full. The unused amount is not refundable.
7. In order to use a gift voucher, it is necessary to place an order on the website https://grubaniciaszyte.pl/, select a form of payment: bank transfer and send the voucher to the Service Provider at the e-mail address: grubaniciaszyte@hotmail.com. When the value of the purchased underwear (other clothing) is higher than the nominal value of the gift voucher, the user is obliged to pay the price difference. 
8. In no case is the gift certificate exchangeable for cash (cash) and cannot be returned to the Service Provider. 

§ 10.

Copyright

All works available on the website https://grubaniciaszyte.pl, especially photos, graphic materials and content are subject to copyright held by the Service Provider or third parties and are protected under the Act of February 4, 1994 on Copyright and Related Rights. Use of these works is permitted only to the extent that does not exceed the use permitted under applicable law.

§ 11.

Feedback

1. The Service Provider reserves the right to publish on the website https://grubaniciaszyte.pl/ the opinions of the Service Recipients on the underwear (other clothing) sewn by the Service Provider.
2. The Service Provider publishes only opinions expressed by Service Recipients who have used the Service Provider's services. 
3. A Customer who wishes to express an opinion about the underwear (other clothing) sewn by the Service Provider may send an opinion to the e-mail address: grubaniciaszyte@hotmail.com. The opinion should be sent from the e-mail address that was provided to the Service Provider by the Client when placing the order. 
4. It is not possible for Service Recipients to automatically publish reviews on https://grubaniciaszyte.pl/. 
5. By submitting an opinion to the Service Provider, the Client consents to its publication on the website https://grubaniciaszyte.pl/.
6. The opinion is a subjective statement of the Customer about the underwear (other clothing) sewn by the Service Provider.
7. By submitting an opinion to the Service Provider, the Client accepts and agrees to abide by the rules set by the Service Provider regarding the publication of opinions. 
8. Each opinion submitted by a Client is subject to verification. First of all, it is verified that the opinion comes from a Client who has used the services of the Service Provider. Verification is based on the e-mail address indicated by the Client associated with the completed order. If the submitted opinion does not come from the Client, the opinion is not subject to further verification. If the submitted opinion comes from the Service Recipient, it is further verified that it does not violate applicable laws, morals and rights of third parties, including the Service Provider.  
9. In any case, the Service Provider is entitled to decide on the posting of reviews on the website https://grubaniciaszyte.pl/. 
10. The service provider reserves the right not to publish negative as well as positive reviews. 

§ 12.

Data protection

1. The Service Recipient's personal data is processed by the Service Provider as the personal data controller.
2. Provision of personal data by the Customer is voluntary, but necessary to use the Service provided by the Service Provider.
3. For detailed provisions on the protection of the Customer's personal data, please refer to the Privacy Policy available at https://grubaniciaszyte.pl/polityka-prywatnosci/.

§ 13.

Final provisions

1. In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Law on Providing Electronic Services; Law on Consumer Rights, Law on Personal Data Protection.
2. These Regulations are effective as of 1.01.2023. 
3. Any changes to these Terms and Conditions will be communicated to Service Recipients through information on the website https://grubaniciaszyte.pl/. 
4. The version of the Terms and Conditions in effect on the date the order was placed by the Customer shall apply to orders placed before the change in the Terms and Conditions.