Terms of sale

Draft for legal review. These terms are based on the previous terms of the Magdalena Tekieli Design shop, adapted to the new shop and current law. They will apply once online sales start; until then we take orders by e-mail. The Polish version is the original.

§ 1. General provisions

1. The online shop Magdalena Tekieli Paper, available at magdalenatekieli.com/studio, is run by Magdalena Tekieli, trading as Magdalena Tekieli Design, ul. Ważewskiego 33G, 30-499 Kraków, Poland, NIP (tax ID) 6792898705, REGON 122645870, entered in the Polish Central Register and Information on Economic Activity (CEIDG).
2. These terms set out the rules for using the Shop, concluding distance sales contracts, payment, delivery, withdrawal and complaints. They apply to Consumers, Sole Traders with consumer rights and other Business Customers.
3. The Shop sells Products for delivery within Poland only.
4. The terms are available free of charge on the Shop’s website in a form that can be downloaded, saved and printed. The Customer also receives the terms in force at the time of the Order as an attachment to the Order confirmation.

§ 2. Definitions

• Seller Magdalena Tekieli, trading as Magdalena Tekieli Design, details as in § 1(1).
• Customer A natural person, legal person or organisational unit with legal capacity placing an Order.
• Consumer A natural person concluding a contract with the Seller that is not directly related to their business or profession.
• Sole Trader with consumer rights A natural person running a sole proprietorship who concludes a contract directly related to that business, where the contract shows that it is not of a professional nature for them (in particular in light of the business activity registered in CEIDG).
• Shop The online shop run by the Seller at magdalenatekieli.com/studio.
• Product A movable item available in the Shop (e.g. notebooks, planners, sketchbooks, stationery accessories).
• Cart The Shop feature in which the Customer collects selected Products, variants and quantities before placing an Order.
• Order The Customer’s declaration of will, submitted with the order form, aimed at concluding a sales contract.
• Sales Contract A distance contract for the sale of Products concluded between the Customer and the Seller through the Shop.
• Working day Monday to Friday, except public holidays in Poland.

§ 3. Contact

1. Address: ul. Ważewskiego 33G, 30-499 Kraków, Poland.
2. E-mail: magdalena@tekieli.pl.
3. Phone: +48 606 480 143, Monday to Friday, 10:00-18:00 (charged at the Customer’s operator rates).

§ 4. Electronic services and technical requirements

1. In the Shop the Seller provides the following electronic services free of charge: the Cart, the order form, the Order status page, the withdrawal function (“Withdraw from contract here”) and enquiry forms. The contract for a service is concluded when the Customer starts using it and ends when they stop using it (e.g. leave the page or send the form). No account is needed.
2. To use the Shop you need a device with internet access, an up-to-date web browser with JavaScript enabled and browser storage allowed (for the Cart), and an active e-mail address.
3. Customers must not submit unlawful content.
4. Comments and complaints about the electronic services can be sent to the e-mail address in § 3. The Seller replies within 14 days.

§ 5. Products and prices

1. Prices are given in Polish zloty (PLN) and include VAT. Prices do not include delivery costs, which the Customer sees in the Cart and in the order form before placing an Order.
2. Some Products have a minimum order quantity, stated in the Product description.
3. Whenever a price is reduced, the Seller also shows the lowest price of the Product in the 30 days before the reduction.
4. Product photos are illustrative; on-screen colours may differ slightly from the real ones.
5. The number of pieces available in the Shop is limited. Placing an Order reserves the ordered pieces while the Order is waiting for payment.

§ 6. Placing an Order

1. Orders can be placed without creating an account.
2. To place an Order, the Customer:
   1. selects a Product, variant (e.g. colour or cover) and quantity and adds them to the Cart,
   2. proceeds to the order form,
   3. enters their name, e-mail address and phone number,
   4. chooses a delivery method (§ 8) and enters the delivery details: an InPost pickup point or an address in Poland,
   5. if they need an invoice, enters the company name, tax ID and invoice address,
   6. accepts these terms and confirms having read the Privacy Policy,
   7. clicks the “Order with obligation to pay” button.
3. Before placing the Order, the Customer sees a summary: Products, variants, quantities, prices, delivery cost, the total amount to pay and the time allowed for payment. Until the button is clicked, the Customer can change the Cart and the details in the form.
4. After the Order is placed, the Seller sends the Customer an e-mail confirming its receipt and acceptance, with the key terms of the contract, the model withdrawal form and these terms attached. The Sales Contract is concluded when the Customer receives this e-mail.

§ 7. Payment

1. The Customer pays for the Order in advance, by electronic payment through Przelewy24 (BLIK, online bank transfer or payment card), operated by PayPro S.A., based in Poznań. After placing the Order, the Customer is redirected to the payment; the payment link is also in the Order confirmation and on the Order status page.
2. The Customer should pay for the Order by the deadline shown in the order form and in the Order confirmation, which is at least 24 hours after the Order is placed. Before the deadline the Seller sends a payment reminder by e-mail. An Order not paid by the deadline is cancelled automatically and the Sales Contract is terminated; the Seller informs the Customer by e-mail and the reserved pieces go back on sale.
3. If the payment arrives after the Order has been cancelled, the Seller, at the Customer’s choice, fulfils the Order (if the Products are still available) or refunds the payment within 14 days using the same method.
4. At the Customer’s request made in the order form, the Seller issues an invoice and sends it electronically to the Customer’s e-mail address. [To be completed after consulting the accountant: proof of purchase for Orders without an invoice.]

§ 8. Delivery

1. The Seller ships Products within Poland only, as an InPost parcel:
   1. to an InPost Paczkomat parcel locker or PaczkoPunkt pickup point chosen by the Customer on the map in the order form or entered by its code,
   2. by InPost courier to the address given by the Customer.
2. Parcels are delivered by InPost sp. z o.o. The Seller sends them through the aPaczka.pl service.
3. The delivery cost depends on the delivery method and is shown in the Cart and in the order form before the Order is placed. If the order form shows a free delivery threshold, delivery is free when the value of the Products is at least that threshold.
4. The Seller ships the Products within the time shown on the Product page (in working days), counted from the day the payment is received. The delivery time depends on InPost. Once the parcel has been sent, the Customer receives an e-mail with the tracking number and a tracking link.
5. The Shop does not accept Orders for delivery outside Poland. The Customer may write to the e-mail address in § 3, and the Seller agrees the terms of such a sale with them individually, outside the Shop.

§ 9. Order processing and statuses

1. The Customer can see the Order status on the status page linked in the Order confirmation and in later e-mails.
2. The payment status is “awaiting payment”, “paid”, “paid, partly refunded” or “refunded”. The fulfilment status is “received”, “being prepared”, “shipped”, “delivered” or “cancelled”.
3. The Seller informs the Customer by e-mail when the payment is received, the parcel is shipped, the Order is cancelled and money is refunded.

§ 10. Right of withdrawal

1. A Consumer or a Sole Trader with consumer rights may withdraw from the Sales Contract within 14 days without giving any reason and without incurring costs other than those set out in sections 4 and 5. The period starts on the day the Customer (or a person they indicate, other than the carrier) takes possession of the Product; for an Order delivered in parts, from taking possession of the last part. Sending the statement before the deadline is enough to meet it.
2. To withdraw, it is enough to make an unequivocal statement. The easiest way is the “Withdraw from contract here” function, available in the footer of every page of the Shop: the Customer enters the Order number and e-mail address, chooses the whole Order or selected Products and confirms the statement with the “Confirm withdrawal” button. The Seller promptly sends the Customer an e-mail confirming receipt of the statement, with its content and the date and time of receipt. The statement can also be sent by e-mail to magdalena@tekieli.pl or by post to the address in § 3, including on the model form at the end of these terms (this is not required).
3. The Seller refunds all payments received, including the cost of delivering the Product to the Customer, without undue delay and no later than 14 days after receiving the statement, using the same payment method the Customer used, unless the Customer agrees to another method that involves no costs for them. If the Customer chose a delivery method more expensive than the cheapest one offered by the Shop, the Seller does not refund the difference. The Seller may withhold the refund until it receives the Product back or proof that it has been sent back, whichever comes first.
4. The Customer sends the Product back to: Magdalena Tekieli Design, ul. Ważewskiego 33G, 30-499 Kraków, Poland, without undue delay and no later than 14 days after withdrawing. Sending the Product before the deadline is enough to meet it. The Customer bears the direct cost of returning the Product and chooses how to send it.
5. The Customer is liable for any reduction in the Product’s value resulting from handling beyond what is necessary to establish its nature, characteristics and functioning (e.g. a notebook that has been written in).
6. The right of withdrawal does not apply to Products made to the Customer’s specifications or clearly personalised (e.g. personalised stationery or a bespoke project).

§ 11. Complaints

1. The Seller is liable to Consumers and Sole Traders with consumer rights for any lack of conformity of the Product with the Sales Contract that existed when the Product was delivered and becomes apparent within two years of delivery, under the Polish Consumer Rights Act of 30 May 2014. Towards other Business Customers the Seller is liable under the warranty provisions (rękojmia) of the Polish Civil Code.
2. If the Product is not in conformity with the contract, the Consumer may ask for it to be repaired or replaced. If repair and replacement are impossible or would require excessive costs, the Seller has not brought the Product into conformity, the lack of conformity persists despite an attempt to bring the Product into conformity, the lack of conformity is so significant that it justifies a price reduction or withdrawal without prior repair or replacement, or the Seller’s statement or the circumstances clearly show that the Seller will not bring the Product into conformity within a reasonable time or without undue inconvenience to the Consumer, the Consumer may declare a price reduction or, unless the lack of conformity is minor, withdraw from the contract.
3. A complaint can be sent by e-mail to magdalena@tekieli.pl or by post to the address in § 3. Please include: the Order number, your name, a description of the problem, the date you noticed it and what you request, and photos if possible. This information helps us handle the complaint but is not a condition for making it.
4. The Seller replies to a complaint from a Consumer or a Sole Trader with consumer rights within 14 days of receiving it, to the Customer’s e-mail address or by another means the Customer indicates. If the Seller does not reply within this time, the complaint is deemed accepted.
5. If the Product is needed to handle the complaint, the Seller agrees with the Customer how to deliver it. The Seller bears the cost of delivering the Product under complaint and of sending back a repaired or replaced Product.
6. The Seller refunds the amount due for a price reduction without undue delay and no later than 14 days after receiving the Consumer’s statement on the price reduction. After withdrawal from the contract because of a lack of conformity, the Consumer returns the Product without undue delay at the Seller’s cost, and the Seller refunds the price without undue delay and no later than 14 days after receiving the Product or proof that it has been sent back. Refunds are made using the same payment method the Customer used, unless the Customer agrees to another method that involves no costs for them.
7. It is a good idea to report damage to the parcel on collection or promptly afterwards; this is not a condition for making a complaint.

§ 12. Out-of-court dispute resolution

A Consumer may use out-of-court complaint and redress procedures, for example the help of a municipal or district consumer ombudsman (rzecznik konsumentów), the provincial Trade Inspection (Inspekcja Handlowa) and consumer organisations. Information is available on the website of the Polish Office of Competition and Consumer Protection (UOKiK): prawakonsumenta.uokik.gov.pl. The Seller’s participation in out-of-court proceedings is voluntary.

§ 13. Personal data

The controller of Customers’ personal data is the Seller. The data needed to fulfil an Order is received in particular by the payment operator (PayPro S.A., Przelewy24), InPost sp. z o.o. and the aPaczka.pl service (parcel delivery), Cloudflare (Shop hosting and database) and Resend (e-mail delivery). Details, including purposes, legal bases, retention periods and Customers’ rights, are in the Privacy Policy.

§ 14. Final provisions

1. Contracts are concluded in Polish or English, depending on the language version of the Shop chosen by the Customer.
2. Matters not covered by these terms are governed by Polish law, in particular the Civil Code, the Consumer Rights Act and the Act on Providing Services by Electronic Means. This choice of law does not deprive a Consumer of the protection of the mandatory provisions of the country of their habitual residence.
3. Disputes with Business Customers (other than Sole Traders with consumer rights) are resolved by the court competent for the Seller’s registered address.
4. The Seller may change these terms for important reasons (e.g. changes in the law, payment or delivery methods). Orders placed before a change are governed by the terms in force when they were placed.

Model withdrawal form