COMMON PROVISIONS 

 

§1 GENERAL PROVISIONS 

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These Terms and Conditions (hereinafter referred to as the "Regulations") define the conditions and rules of providing services by electronic means by WF Studio. based in Wloclawek, ul. Stodólna 78, entered into the Central Register and Information on Economic Activity under the NIP number (Taxpayer ID number) 8883153484 (hereinafter referred to as "Service Provider"). 

 

The Terms and Conditions are available on the www.wiktoriafrankowska.com. website, in English. Customers can familiarise themselves with its content on the indicated website, as well as download a file containing the Terms and Conditions in order to record and reproduce them at any time. 

 

Terms used in these Terms and Conditions should be understood in accordance with the following definitions: 

• E-mail address – marking of an ICT system which makes it possible to communicate using electronic media, and especially e-mail. 

• Web page – website which belongs to the Service Provider, located at www.wiktoriafrankowska.com, through which Customers can use services consisting in providing information. 

• Payments System Operator – entity selected by the Service Provider which provides services related to the delivery, maintenance and handling of card payments. 

• Payments by electronic means – card payment the Customer makes, carried out within online banking, supported by the Payments System Operator. 

• Means of electronic communication – technological solutions, including information and communication technologies and their associated software tools, enabling individual distance communication using data transmission between ICT systems, in particular e-mail. 

• Sales System – application available on the Web page, through which it is possible to use the services provided by electronic means by the Service Provider. 

• Services – any services provided by electronic means by the Service Provider to Customers, on the basis of these Regulations. 

• Cookie – text file in which the server of the Web page records information on the hard disc of the computer that the User uses. The information recorded in the cookie file can be read by the Web page server while connecting again from that computer, but it can also be read by other servers. 

• Providing a service by electronic means – performance of the service, which is done by sending and receiving data using ICT systems, to individual Customer demand, without the simultaneous presence of the parties; the data are transmitted via public networks, as stated in the Telecommunications Act. 

• Consumer - a natural person entering into a contract and ordering a product for purposes not directly related to running a business or professional activity pursuant to Article 221 of the Polish civil code. 

• Customer - a natural person with full legal capacity or an Entrepreneur. 

• Service Provider/Company – WF Studio 

• Customer Account - a customer profile created via the Store's website, at the initiative of the Customer, access to which is secured by prior verification of a login and created password, containing the Customer's address and payment data.  

 

Any actions described in these Terms and Conditions, related to placing orders and the complaints procedure, should be notified to the following email address operated by the seller: wfstudio.contact@gmail.com. 

 

§2 SCOPE OF ACTIVITY 

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The Service Provider provides by electronic means the following Services: 

1. access to the website, which allows to familiarize with the current offer of the Service Provider, as well as with information about current promotions. 

2. creating contracts of sale of apparel products through the Sales System;

 

The User is obliged to use the Store and its functionality in accordance with the provisions of the law, the provisions of these Terms and Conditions and those of good practice. It is forbidden to use the Store in a way that may infringe the personal rights of other people and to post or disseminate through the Store content that is offensive, false or that may violate personal rights, laws or other legitimate interests of the Company or third parties. In the event of a change of their personal or contact data, the Customer is obliged to correct it or add any missing data. The Customer is obliged to take due care when using the Store. 

In order to communicate with the Customer while providing the Services referred to above and in connection with them, the Service Provider uses the Means of electronic communication, in particular e-mail, the Web page and the Sales System. The costs the Customer bears for using the above means of distance communication for the conclusion of contract shall not be higher than for the regular use of those means of communication and depend on the price list of the operator whose services the Customer uses. 

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§3 TECHNICAL REQUIREMENTS AND INFORMATION 

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In order to use the Web page it is necessary to have a computer or another electronic device with access to the Internet and software for browsing the Web (browser) which supports cookies and scripts based on JavaScript, if handling of those has been activated, as well as to have an individual e-mail account. 

The information contained in system logs (eg. Users’ IP address) is used by the Service Provider for technical purposes. In addition, the information is used to collect general statistical data. This site uses cookies to deliver services and content tailored to your individual needs and interests. Disabling cookies on your browser may cause inconvenience or prevent the use of the Services. Cookies are also used to collect general statistical information about the use of the Web page by Users. For detailed information on the use of cookies by the Web page and the Sales System, go to Cookies Policy. 

 
§4 CREATING AN ACCOUNT 

 

1. The creation of an Account in the Online Store is done at the initiative of the Customer by selecting the "Create" button in the "Create an account / Log in" tab on the Store's website.

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2. To create an Account the Customer should enter a login in the form of their e-mail address and enter a password. In order to confirm that the Account has been created, a message containing an activation link will be sent to the Customer's e-mail address. After opening the link referred to in the previous sentence, the Customer's Account will be activated. 

 

3. The Customer may enter their address, delivery data, telephone number and payment card details in their Account, for use during further Orders. 

 

4. Through the Customer Account, the Store may inform the Customer about the discounts granted, promotional and marketing offers of the Store and offers of third parties cooperating with the Store in the scope of the activities conducted by the Store. 

 

5. The Customer may delete their Accounts at any time by selecting the "Delete Account" button. 

 

SELLING APPAREL PRODUCTS 

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§ 5 ORDERS 

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Services consisting in the sale of apparel products can be realized through the Sales System. 

Products can be purchased: 

a) after setting up or logging into a Customer Account or  

b) after provision by the Customer of the following data in the Online Store: name, surname, address of residence (in the case of a natural person) or company name, contact address (in the case of a legal person or an organisational unit without legal personality), delivery address, if it is different than the home address or contact address, as well as a telephone number, e-mail address. 

 

Placing an Order in the Store and concluding a contract takes place by performing the following activities: 

 
1. adding Products to the basket, 

2. entering the required data listed above and if selected body measurements 

3. accepting these Terms and Conditions,  

4. accepting the content of the information on the processing of personal data, 

5. choosing a form of delivery of the Order 

6. choosing a form of payment for the Order and its delivery. 

 

After completing the form, the Customer is obliged to verify the consistency of the data and to confirm them. 

 

Services offered by the Service Provider within the Sales System can only be used by natural persons of age, with the full capacity to act, within the meaning of the Civil Code, as well as by legal persons. 

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The Order is confirmed by clicking the "Pay now" button on the order summary screen and after payment. An Order placed by the Customer is an offer, as defined by the civil law. 

When confirming the form content, the Customer declares that the data are correct and that: 

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1. they have familiarized themselves with the Regulations and agree to observe them. The Customer accepts the Regulations without the need to submit a separate statement, 

2. the data submitted in the form are complete and true, 

3. they are entitled to conclude the contract for providing services by electronic means, 

4. they have agreed to receive the invoice electronically and, upon request, physically.

5. the data submitted by them do not infringe any third party rights. 

6. the body measurement given when placing the order are correct and cannot be changed

 

The fact that an order has been placed will be confirmed automatically by e-mail. 

 

§6 DELIVERY AND ITS LIMITATIONS

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Deliveries are carried out by the UPS & DHL company. 

Deliveries are carried out internationally as long as the buyers country accepts online apparel and shoe orders from the European Union. 

The time of delivery depends on the area determined in accordance with the postal code assigned to the address submitted by the Customer and type of product, however, it is not less than 3 weeks, as per company policy. A recorded parcel shall be sent within the time specified in the System Sales, counted from the date of contract, whose length depends on the availability of the product. The deadline for performing the service by the Service Provider is not more than one and half month. 

The Service Provider informs that orders will not be realized on the days when such information is posted at www.wiktoriafrankowska.com. 

Due to the limited number of apparel products offered, the Service Provider reserves the right to limit the number of accepted offers, depending on quantity of goods available. 

 

The Service Provider reserves the right to refuse to execute an order in the following cases: 

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1. it has not been possible to confirm the order, 

2. there was an issue on the website, 

3. the Customer does not observe the Regulations, 

4. the order cannot be executed for logistical reasons, 

5. the product has been sold out, 

6. there are definite doubts concerning the Customer. 

 

Employees of the Service Provider shall immediately notify the Customer by e-mail at the e-mail address provided by the Customer in the order or by telephone about the refusal to conclude the contract. 

The Service Provider shall not be liable for any delay or non-delivery of the order within the time specified by the Customer as a result of events and situations which were beyond the Service Provider’s control and prevented the execution of the Order.

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§7 COMPLAINTS PROCEDURE 

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Customers who are Consumers have the right to file complaints about Products included in the Order. The Service Provider is obliged to provide the Customer with the goods without physical or legal defects. The Service Provider shall be liable to the Client for the defectiveness of the goods sold, which existed at the time when the goods were supplied to the Customer or resulted from a causes inherent to the goods sold, to the extent specified in the Act of April 23, 1964, Civil Code, and the Act of May 30, 2014, about consumer rights. 

 

Customers are required to examine the object of delivery at the moment of delivery. If there are no reservations concerning the condition of the object of delivery and if the acknowledgment of receipt was signed without reservations, it is presumed that the condition of the goods was correct. 

 

Customers have the right to file complaints to the Service Provider concerning the Services through deliverers and to the e-mail address wfstudio.contact@gmail.com. 

Complaints concerning the Services are considered by the Service Provider or an employee nominated by them within 14 days counted from the day when it was filed. 

 

A correct complaint concerning the Services, sent to the e-mail address wfstudio.contact@gmail.com, should contain at least the following data: 

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1. marking of the Customer and the Order number; 

2. object of the complaint; 

3. circumstances which justify the complaint. 

 

Faulty goods together with the complaint shall be sent to the following address: ul. Kondratowicza 41/48, 03-285 Warsaw, Poland, including a description of the defect and the data which make it possible to identify the Customer. 

If claims are regarded as reasonable, the Service Provider shall also refund the cost the Customer had to bear to send the faulty apparel product by ordinary parcel. 

 

§8 RIGHT OF WITHDRAWAL 

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Customers who are Consumers have the right to withdraw from the Contract without giving reasons, when ordering a product with standard sizes. The deadline to withdraw is 14 days counted from the day when the Customer received the item or when a third party, other than the carrier, and indicated by the Customer, received the item. 

In the case of personalized products, withdrawal from the contract takes place only with the consent of the Service Provider.

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In case if the items ordered by the Customer were delivered separately or in parts, the deadline to withdraw is 14 days counted from the day when the Customer received the last item or when a third party, other than the carrier, and indicated by the Customer, received the last item or part.

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In order to make use of the right of withdrawal, the Customer must inform the Service Provider, Wiktoria Frankowska Studio, based in Warsaw, Poland, ul. Kondratowicza 41/48,, 03-285 Warsaw, email: - wfstudio.contact@gmail.com, of their decision to withdraw from the Contract in form of an unequivocal statement (eg. a letter sent by mail or e-mail). 

If the Customer sends a request of withdrawal, the Service Provider will promptly send an acknowledgment of receipt of their notice of withdrawal from the contract by e-mail. In order to meet the deadline it is sufficient for the Customer to send the information on making use of their right of withdrawal before the specified deadline.

 

If Customer would like to withdraw from the contract for personalized products, the Customer must send a request to withdraw from the contract by e-mail and letter to the address ul. Kondratowicza 41/48, 03-285 Warsaw, Poland – WF Studio. The Service Provider considers the letter within 31 days from the date of receipt and replies by e-mail. 

 

§9 EFFECTS OF WITHDRAWAL 

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In case of withdrawal from the Contract, the Service Provider returns the Customer all payments received from them, excluding the cost of delivery of the goods in the event that the customer chose a payable delivery option (including cases when the order placed was below the minimum value entitling the buyer to a free delivery service), immediately and in any event no later than 7 days from the date on which the Service Provider receives the returned goods or in case if the withdrawal was notified before the Seller shipped out the goods within 7 days from the moment of the Customer’s decision to withdraw from the contract. Refund payments will be made using the same payment methods that were used by the Customer in the initial transaction, unless the Customer expressly agreed otherwise; in each case the Customer does not pay any additional fees in connection with this refund. 

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The Customer shall send back or return the goods to the Service Provider immediately, and in any case no later than within 14 days counted from the day when the Customer informed the Service Provider of their withdrawal from the Contract. The deadline is kept if the Customer returns the goods within 14 days to the address: WF Studio, ul.Kondratowicza 41/48, 03-285 Warsaw, Poland.

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Goods offered as a set shall be returned in their entirety. 

 

All goods shall be returned in their original condition, with all original tags and packaging intact. 

The Customer bears the cost of returning the goods.  

 

The Customer is responsible for a reduction in the value of goods resulting from using them in a different way than it was necessary to establish the nature, characteristics and functioning of the items. 

The Service Provider may refuse to accept the return if the returned goods have been altered (in particular incomplete, without tags, used, washed or damaged), except where the change was necessary to establish the nature, characteristics and functioning of the items. 

 

PRICE AND FORMS OF PAYMENT 

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§10 SALE PRICE 

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The prices shown in the Store are expressed in Polish zlotys, US dollars or British pounds and include VAT. The prices of the Products presented on the Store's website do not include delivery costs. The total value of the Order includes the price of the Product and delivery costs. The prices in different currencies may vary. 

By placing the Order the Client accepts the current selling price and his/her/it obligation to pay it. 

The Client is obliged to cover all additional costs beyond the selling price quoted in the Sales System for the delivery of the ordered goods, in particular customs duties, import duties, handling fees or similar if the Client's obligation to cover these costs arise from the legal regulations applicable in the country of delivery. The Service Provider shall not be obliged to cover the above listed additional payments.

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The prices quoted in the Sales System do not include additional payments. To calculate additional costs contact your customs office or other competent authorities before placing your order with the Service provider. 

If the Client refuses to cover additional costs referred above, the goods shall be returned to the Service Provider and the Client shall bear direct costs of returning the goods. If the product has been made to individual measurements, its cost will not be refunded.

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Customs procedure or any other import procedure, provided for by the regulations applicable in the country of delivery, may result in delays being beyond the control of the Service Provider. In the event of the delay we recommend contacting customs office or any other competent authority to determine the reasons behind the delay before filing the complaint with the Service Provider.

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The authorities of the country of dispatch may submit settlement documents relating to additional customs payments to the Client after the delivery date. The above case does not constitute the Service Provider's delay in the delivery of the goods and the Service Provider shall bear no responsibility over the delivery of the above listed settlement documents. 

The sales document is always consistent with the sale price applicable at the time when the order is accepted by the Buyer, regardless of the selected delivery date.

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§11 ACCEPTED METHOD OF PAYMENT 

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An acceptable form of payment is exclusively a payment online by any card supported by the Payment System Operator. 

Payments in the Payment System can only be made by persons authorized to use the particular instrument, using which a payment is made, in particular a payment card can only be used by its authorized holder. Fraud cases detected by the Service Provider will immediately be reported to the appropriate law enforcement authorities.

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The Service Provider makes available a transaction form provided by the Payment System Operator; the data from the form are automatically submitted to a partner of the Payment System through the Payment System.

 

When making payments using a card, the customer is automatically redirected to the window where data necessary to make the payment shall be entered.

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In order to make a payment the Customer should confirm making a payment on the website of the appropriate partner of the Payment System, according to the rules determined by that partner; when making any changes in the payment form made available on those pages and automatically completed by the Payment System, the payment cannot be made. 

Any electronic payments are made in accordance with the valid regulations of the Payment System Operator or of the partner of the Payment System, and the Service Provider is not responsible for their functioning.

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If an Order cannot be executed although it has been accepted, the Customer shall receive from the Service Provider the entire payment made through the Payment System. The Service Provider shall order to return the payment no later than within 14 days of the moment when the Customer was informed of the non-execution of the order for the reasons referred to in this section. The date of return shall be the date when the Service Provider ordered the Payment Operator to return the appropriate sum.

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Partners of the Payment System and the Payment System Operator reserve the right to refuse to handle payments made by the Customer, in particular if doubts arise concerning the legality of the transaction because of which the payment is made, or the legality of the payment itself.

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The Customer acknowledges that the Payment System Operator, as well as his partners, assess financial credibility of the persons who are going to make a payment using a payment card and can thus differentiate payment rules or condition some terms for providing services depending on which risk group a given Customer is assigned to. Therefore, the Payment System Operator reserves the right to refuse to handle a given payment in justified cases.

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The Service provided by the Service Provider is free of charge, however, if the Customer selects electronic payment as a form of payment, a fee for the order is charged in the amount shown before placing the order.

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The Payment System Operator and the Service Provider shall not be liable for any delay in the transmission of payments or of authorization responses, due to causes arising after the Customer has requested a payment, as well as non-execution and delay in the transfer of funds or data verification, in particular caused by the Customer giving inaccurate or incomplete data, which prevent execution of the payment, as well as a delay resulting from other events beyond the Service Provider’s or Payment System Operator’s control. 

 

FINAL PROVISIONS 

 

§12 RESPONSIBILITY 

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The store is owned by the WF Studio. All content, trademarks, service marks and names provided on the Website are the property of the Company or the right to use them by the Company results from separate agreements with authorised entities. The text and graphic materials and IT solutions contained on the Store's website are protected by law, in particular by the provisions of the Act of 4 February 1994 on copyright and related rights.

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The Service Provider does not allow copying, modifying, distributing, transmitting, or otherwise using any works made available on the Website and in the Sales System, except for using them as part of fair use.

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The Service Provider is not liable for damages resulting from the cessation of services, when it is a consequence of the inability to effectively perform the services due to the fault of the Customer.

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Apart from the above, the Service Provider shall not be liable for: 

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1. Customers submitting false or incomplete information when placing an Order; 

2. any damage caused to third parties as a result of using the Services by Customers in a manner inconsistent with the Regulations or the law; 

3. information and materials downloaded and sent via Internet by Customers; 

4. Customers’ failure to comply with the Regulations. 

5. loss of data by the Customer resulting from external factors (eg. software failure), or other circumstances beyond the Service Provider's control (action of others); 

6. damages resulting from the lack of continuity in the provision of Services;

 

§13 PRIVACY POLICY 

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The Service Provider processes Customer’s personal data only in order to correctly perform Services, including registering Customers, accepting and executing Orders, carrying out complaints procedures and promotional or advertising actions, using for this purpose the data included in the application form – first and last name, address, phone number, e-mail address and IP address.

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Personal data of the Customers who place orders are processed for the time required to execute the provisions of the present agreement, in particular Orders accepted to be executed and the Complaints procedure. 

Customers’ personal data will be transmitted to third parties, i.e. Deliverers, to the extent necessary to correctly execute the Customer’s order.

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The Service Provider is the data controller within the meaning of the Act of August 29, 1997, on personal data protection (Journal of Laws [Dz. U.] No. 133, item 883 as amended). The data set has been submitted for registration to the Inspector General for Personal Data Protection.

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Customer’s personal data shall be processed according to the safety rules, required by the Act of August 29, 1997, on personal data protection (Dz. U. No. 133, item 883 as amended).

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The Service Provider may process other than personal data, which are not necessary for providing the service, only with the prior consent of the customer, expressed after informing them of the categories of data, purpose and scope of the processing and recipients of the data. Such a consent may be revoked at any time.

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The Service Provider may also provide the following data characterizing the manner in which the Customer uses the service provided electronically (operational data): 

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1. signs which identify network terminal or the information and communication technologies system that the Customer used; 

2. information on the start, end and scope of each use of the service provided electronically; 

3. identification of the Customer; 

4. information of Customer’s use of services provided by electronic means.

 

According to the Act on the provision of services by electronic means (Dz. U. 2002, No. 144, item 1204 as amended), the Customer agrees to receive at their e-mail address submitted in the registration form and later updated while using the System, commercial information from the Service Provider.

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Every Customer has the right to access to their data, correction, demand to stop processing the data and opposition to the processing, at any moment. Such a demand shall be placed in writing directly to the address of the Service Provider. If a Customer presents a demand which will make it impossible to execute an Order after it has been accepted, the Service Provider shall not be liable for non-performance or improper performance of the Order.

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Personal data are stored by the Service Provider for the purpose of performing Services and by the Payment System Operator, to the extent necessary to handle payments.

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§14 COPYRIGHT 

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The Store, as well as its individual components, may not be modified, copied, distributed or published for commercial purposes without prior written consent of the Company.

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§15 FINAL PROVISIONS 

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The Regulations shall enter into force on May 15, 2022. 

The Service Provider reserves the right to make changes to these Terms and Conditions, including to take into account changes in the law, changes in the functions offered through the Service, the introduction of new services in the Store, better protection of customers' interests, clarification of issues of concern to customers, organisational changes on the part of the Company, the Company's inability to continue to provide services under the current conditions. Such modifications of the Regulations shall enter into force the moment the changed Regulations are posted on the Web page or in the Sales System. A Customer has the right to terminate the Agreement without the notice period if they do not approve of the changes to the Regulations.

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Recognizing specific provisions of the Regulations in the manner prescribed by law to be invalid or ineffective does not affect the validity or effectiveness of other provisions of the Regulations. In place of the invalid provision a regulation will be applied which is closest to the objectives of the invalid or ineffective provision and the entire Regulations. 

The contract concluded by the Parties consists of the Order and the present Regulations together with all annexes that constitute integral parts of the contract. The possibility of using general terms of Customer’s contracts (if used) is excluded.

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The service contract is concluded for an indefinite period of time. The Parties have the right to terminate the contract which makes it possible to access the Sales System and the Web page with a one-month-notice period. 

The Parties are in agreement that the law applicable to the using or infringing the Regulations and to the agreements made on the basis of the Regulations is the Polish law.  

The agreement is concluded in Polish.

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If in the complaints procedure the Customer’s complaint was rejected, and on the condition of mutual consent, the dispute concerning the purchased product or service may be subject to extra-judicial ways of solving affairs in form of mediation and amicable judiciary.

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The Parties are in agreement that jurisdiction to hear disputes arising from the use or violation of the Regulations and to contracts concluded on the basis of the regulations shall be a court competent for the defendant or the court of the place of execution of contract.

 

In cases not covered by the Regulations the following laws will apply: Act of April 23, 1964 – Civil Code (Dz.U. 1964, No. 16, item 93 as amended), Act of May 30, 2014, on consumer rights (Dz. U. 2014.827) and Act of July 18, 2002, on provision of services by electronic means (Dz. U. 2002, No. 144, item 1204 as amended).