Terms and Conditions

§ 1 [Preliminary provisions]

1. The owner of the MARMO STUDIO online store operating under the domain www.hexalight.eu is Natalia Stępa conducting her business activity under the business name Natalia Stępa “MARMO STUDIO” at ul. Płaczki 3, 63-021 Śnieciska, NIP (Tax Identification Number): 7861698916, REGON (National Business Registry Number): 302409333, telephone number 696058759, e-mail: kontakt@marmostudio.pl.

2. The operations of the MARMO STUDIO online store operating under the domain www.hexalight.eu consist in selling products presented in the store online as well as providing services by electronic means.

3. The Terms and Conditions stipulate conditions and types of the services provided by electronic means in accordance with the provisions of the Act of 18 February 2002 on the Provision of Electronic Services (Polish Journal of Laws of 2013, item 1422, as amended); the Act of 30 May 2014 on Consumers’ Rights (Polish Journal of Laws of 2014, item 827, as amended); the Act of 29 August 1997 on Personal Data Protection (Polish Journal of Laws of 1997, item 133, as amended) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119/1) by Natalia Stępa conducting her business activity under the business name Natalia Stępa “MARMO STUDIO” with regard to using the online store operating under the domain www.hexalight.eu as well as conditions of concluding and terminating contracts for such services, in particular:
a) terms and conditions of placing orders by electronic means through the MARMO STUDIO online store operating under the domain www.hexalight.eu,
b) terms and conditions of contracts of sale using the services provided through the MARMO STUDIO online store operating under the domain www.hexalight.eu as well as terms and conditions of terminating them,
c) manner of handling complaints.

4. Products and contents, in particular offers, ads, price lists, and other information, presented in the MARMO STUDIO online store do not constitute an offer within the meaning of the provisions of Articles 66 and 661 of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2017, item 459, as amended), they only invite customers to place offers.

5. Trade names, manufacturers’ names, logos, materials, descriptions, and pictures, including those being trademarks, which can be found in the MARMO STUDIO online store operating under the domain www.hexalight.eu have been used for information only and have been previously been marketed by owners of such marks.

6. The Buyer is obligated to use the MARMO STUDIO online store operating under the domain www.hexalight.eu in accordance with the provisions of law applicable in the territory of the Republic of Poland, provisions of these Terms and Conditions as well as with general principles of using the Internet. It is forbidden to provide content that is unlawful, e.g. content promoting violence, defamatory content or content violating personal rights and other rights of third parties.

§ 2 [Definitions]

The expressions used in the Terms and Conditions have the following meaning:
Store – website www.hexalight.eu owned by Natalia Stępa conducting her business activity under the business name Natalia Stępa “MARMO STUDIO”; Personal Data – any and all information related to an identified or identifiable natural person. An identifiable person is a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person;
Buyer – a natural person, a legal person, or an organizational unit without legal personality who/which uses the Service;
Consumer – a natural person performing with the Store a legal act not directly related to the economic or professional activity conducted by this person;
Seller – Natalia Stępa conducting her business activity under the business name Natalia Stępa “MARMO STUDIO”;
Service – services provided for the benefit of the Buyer by electronic means, whether for a consideration or free of charge, through the Store, including inter alia those consisting in presenting Products in the Store, placing an Order by the Buyer, and concluding a contract of sale of the Products presented in the Store;
Contract – a contract between the Store and the Buyer under which the Store is obligated to provide the services covered by these Terms and Conditions;
Electronic communication means – technical solutions allowing individuals to connect remotely using data transfer between ICT systems, in particular electronic mail;
Product – a movable presented in the Store which may be purchased by the Buyer; Order – a statement of will of the Buyer constituting an offer to conclude a contract of sale of the Product with the Seller;
Order Form – a form allowing the Buyer to place an Order in the Store;
Order Acceptance – a statement of will of the Seller on accepting an offer to conclude a contract of sale of the Product with the Buyer;
Order Rejection – a statement of will of the Seller on refusing an offer to conclude a contract of sale of the Product with the Buyer;
Order Cancelation – a statement of will of the Seller on failure to conclude a contract of sale of the Product with the Buyer due to the lack of payment;
Business days – weekdays, excluding statutory holidays.

§ 3 [Services]

1. The Buyer undertakes to use the Store in accordance with the Terms and Conditions, applicable law, and good practices.

2. The Regulations are made available free of charge so that the Buyer may retrieve, open, and save them by means of an ICT system used by the User.

3. The Regulations are binding on the User upon being made available in a manner allowing the Buyer to familiarize themselves with the content thereof.

4. Using the Services of the Store does not require registration.

§ 4 [Placing Order, Order Execution]

1. The Products presented in the Store are not an offer but an invitation to place orders by the Buyer.

2. Prices of the Products presented in the Store are expressed in Polish zloty and include VAT. Prices of the Products do not include delivery costs. Once the Order has been placed, the price of the Product may not be changed.

3. Placing an Order consists in filling out the Order Form in a proper manner rendering it possible to identify the Buyer, their delivery address, and the object of the Order in a correct manner.

4. Placing an Order means the Buyer making the Seller an offer of concluding a contract of sale of the Products selected by them at the price indicated in the Store. The Store will confirm that the Buyer’s Order has been accepted.

5. The Store will confirm the Order or inform the Buyer that it has been rejected within 2-3 business days. In the confirmation of the Order, the Buyer will receive a summary indicating the object of the Order, unit and total prices of selected Products, delivery costs, and Seller’s bank account number to which the payment will be transferred.

6. Orders of the value exceeding PLN 10,000 gross (in words: ten thousand 00/100 Polish zloty gross) will be decreased by a discount constituting 5% of the value of the Order.

7. The contract of sale is concluded at the moment when the Order is confirmed by the Store.

8. The execution of an Order can only be started after the price indicated in the Order Confirmation has been paid. Failure to pay within 3 business days of the Order Confirmation despite requesting the Buyer to pay will result in the Order Cancelation.

9. The time needed to execute the Order is 1-2 weeks. The execution time covers the time needed to pick the Order and the time of delivery conducted by a carrier indicated by the Buyer and stipulated in § 5 point 3 of the Regulations.

10. Should the Products selected by the Buyer be temporarily unavailable, they Buyer will be informed that the Order execution time may be extended and of the new Order execution time. Should the Order execution time be extended, the Buyer will be entitled to withdraw from the contract immediately, not later than within 3 days of being

11. Orders may be placed 24 hours a day. Orders placed on Saturdays, Sundays, and holidays will be processed on the first business day following such a day.

§ 5 [Payment options. Delivery options]

1. Payment for the Order is effected by transfer to the bank account of the Store with the following number 80 1140 2004 0000 3602 7751 7375 within 3 business days of confirming the Order.

2. In the bank transfer title, the Buyer should indicate data allowing their identification (name and surname or name) and the Order number received in the Order confirmation.

3. The Order may be delivered in the following manners:
a) courier shipment
b) collection in person – free of charge.

4. The costs of delivery are incurred by the Buyer.

5. The Store delivers in the territory of the Republic of Poland and the European Union.

6. The risk of accidental loss of or damage to the thing is transferred to the Buyer being a Consumer at the moment the thing is provided to the Consumer.

7. The risk of accidental loss of or damage to the thing is transferred to the Buyer not being a Consumer at the moment the thing is provided to the carried by the Seller.

§ 6 [Withdrawal from contract]

1. The Buyer being a Consumer has the right to withdraw from the contract without stating a reason for doing so within 14 days of the day when the Consumer acquired the thing or when a third person other than the courier and a person indicated by the Consumer acquired the thing. Should the contract cover multiple things, which are delivered separately, in batches, or in parts, this period is 14 days of the day when the last thing, batch, or part is acquired.

2. Exercising the right to withdraw from the contract is effective when the Seller is provided with an unequivocal statement on withdrawal from the contract in any form, including by sending a filled-out form of withdrawal to the Seller by electronic or traditional mail to any of the contact addresses indicated in § 1 point 1 of the Regulations. A template of the form of withdrawal constitutes Appendix No. 1 to the Regulations and is available on the website of the Store indicated in § 1 point 1 of the Regulations as a PDF (Portable Document Format) file.

3. If the Consumer has chosen a delivery option other than the cheapest delivery option offered by the Store, the Store is not obligated to reimburse the Consumer for the additional costs incurred by them.

4. The Consumer is obligated to return the thing to the Seller or provide it to a person authorized by the Seller immediately, however, not later than within 14 days of the day when they withdrew from the contract.

5. Direct costs of return are incurred by the Consumer.

6. A Product returned should not be used or damaged, however, using or damaging does not mean that withdrawal is not possible. Should the withdrawal from the contract be related to a Product which has been used or damaged, the Consumer is liable for a decrease in its value resulting from using the Product in a manner going beyond the scope necessary to determine the nature, features, and functioning of the Product.

7. Should the return be related to a Product which has been used or damaged, the Store has the right to reduce the damages due to the Buyer for the decrease in the value of the Product by the costs incurred in relation to the Contract concluded.

8. The costs incurred by the Consumer will be reimbursed immediately, not later than within 30 business days of the day when the Seller has received the Product returned by the Consumer, to the bank account indicated by the Consumer.

9. The right to withdraw from the contract cannot be exercised by the Consumer if the service provided by the Store was related to a non-prefabricated thing manufactured according to Consumer’s specifications or to satisfy their individual needs, or if the service provided by the Store was related to things which were indissolubly connected to other things due to their nature.

§ 7 [Liability for defects]

1. The Store undertakes to sell new Products which have defects. The Store is liable towards the Buyer being a Consumer if the Product sold has a physical or legal defect (warranty for defects).

2. A physical defects means inconsistencies between the things sold and the contract. In particular, the thing sold is inconsistent with the contract if:
a) it does not have properties which a thing of this type should have according to its intended use indicated in the contract or arising out of circumstances or intended use;
b) it does not have properties which were promised by the Seller, including by presenting a sample or specimen;
c) it is not fit for the purpose which was promised by the Seller when concluding the contract, and the Seller fails to raise reservations as to such intended use;
d) it has been provided to the Buyer in an incomplete condition.

3. If the thing sold has a defect, the Consumer may file a statement on decreasing the price or withdrawal from the contract unless the Seller replaces a defective thing with a thing which is free of defects or removes a defect immediately and without excessive inconvenience. This limitation does not apply if the thing has already been replaced or repaired by the Seller.

4. The Consumer may also request that the thing be replaced with a thing which is free of defects or a defect be removed. The Seller is obligated to replace a defective thing with a thing which is free of defects or remove a defect within reasonable time without causing excessive inconvenience to the Consumer. The Seller may refuse to satisfy the Consumer’s request if it is impossible to render the defective thing consistent with the contract in a manner selected by the Consumer or it would imply excessive costs compared to the other possible manner of ensuring such compliance.

5. If a physical defect has been identified within a year of the date when the thing sold was delivered to the Consumer, it is assumed that the defect or its cause was present when the risk was transferred to the Consumer.

6. The Consumer may not withdraw from the contract if a defect is insignificant.

7. Instead of the removal of a defect offered by the Seller, the Consumer may request that the thing be replaced with a thing free of defects, or instead of having the thing replaced, the Consumer may request that the defect be removed, unless it is impossible to render the defective thing consistent with the contract in a manner selected by the Consumer or it would imply excessive costs compared to the manner offered by the Seller. When evaluating whether such costs are excessive, the value of the thing free of defects, its type and the meaning of the defect detected are taken into consideration, the inconvenience to which the Buyer would be exposed in the event of satisfying them in a different manner is also taken into consideration.

8. The Consumer may file a complaint related to the Service provided by sending it to the address of the Store indicated in § 1 point 1 of the Regulations, by electronic mail, or by phone. A complaint indicating defects or reservations should be filed immediately, within 7 days of identifying a defect at the latest. Lack of reservation or remarks is equivalent to the acceptance of the Service provided.

9. A complaint should include i.a. a description of defects or reservations as well as how to contact the Consumer (e-mail address, telephone number, fax number, possibly correspondence number). The Store reserves the right to contact the Consumer using such data or data provided earlier in relation to the conclusion of the contract or to contact the Consumer in order to complete the information related to the complaint.

10. A scan or copy of a VAT invoice should be attached to the complaint.

11. The Store will handle the complaint within 14 days of receiving or completing it at the latest.

12. Rights of the Buyer not being a Consumer under warranty for defects referred to in Article 556 and subsequent of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended) are excluded.

13. Products sold in the Store also have manufacturer’s guarantee which is granted on the conditions stipulated in a guarantee card accompanying the Product.

§ 8 [Personal data]

1. When placing an Order, the Buyer is requested to grant their consent to their Personal Data being processed (name and surname, address, telephone number, e-mail address) by the Seller for the purposes of providing the Services by the Store by clicking an appropriate checkbox before placing an Order. Provision of Personal Data is necessary for the Store to provide the Services. Personal data processing takes place pursuant to the Act of 29 August 1997 on Personal Data Protection (Polish Journal of Laws of 2015, item 2135) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119/1), including in particular point (b) of Article 1(1) of the above-mentioned Regulation.

2. The Buyer may withdraw the consent indicated in point 1 above at any time in any manner. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. The Buyer is informed of the possibility of withdrawing their consent before they grant it by clicking the checkbox before placing an Order indicated in point 1 above.

3. The controller of personal data is Natalia Stępa conducting her business activity under the business name Natalia Stępa “MARMO STUDIO” at ul. Płaczki 3, 63-021 Śnieciska, NIP (Tax Identification Number): 7861698926, REGON (National Business Registry Number): 302409333, telephone number, 696058759 e-mail: contact@hexalight.eu.

4. Personal data are protected and will be stored according to the principles of security stipulated in the Act of 29 August 1997 on Personal Data Protection (Polish Journal of Laws of 2015, item 2135) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119/1), for the purposes of providing the Services by the Store only.

5. Recipients of Personal Data are entrepreneurs entitled to conduct their business activity in the area of transport of goods by road as well as entrepreneurs conducting their business activity in the area of accounting. Recipients of Personal Data provide services in accordance with the Act of 15 November 1985 – Transport Law (Polish Journal of Laws of 1984, no. 53, item 272, as amended) and in accordance with the Act of 29 September 1994 on Accounting (Polish Journal of Laws of 1994, no. 121, item 591, as amended).

6. The Buyer has the right to access their Personal Data freely (at any time), correction (edition), rectification and erasure of their Personal Data as well as restriction of processing or to object to processing their Personal Data.

7. Personal Data of the Buyer being a Consumer provided by them when using the Service will be automatically and irrevocably deleted after 2 years of the date when the Service was provided by the Store, i.e. as long as the rights arising out of § 7 of the Regulations are valid.

8. Personal Data of the Buyer not being a Consumer provided by them when using the Service will be automatically and irrevocably deleted after 5 years of the date when the payment was made for the Service provided by the Store, i.e. until the limitation period of the VAT obligation expires.

9. The Buyer has the right to object to processing of their Personal Data at any time. Such objection may be raised in any form, including in writing, by phone or by e-mail.

10. The Buyer has the right to receive their Personal Data provided to the Controller in a structured, commonly used, and machine-readable format from the Controller. The Buyer has the right to transmit the personal data received to another controller without hindrance from the controller.

11. In exercising their right to data portability referred to in point 10 above, the Buyer has the right to have the Personal Data transmitted directly from the Controller to another controller, where technically feasible.

12. The Buyer has the right to file a compliant with a supervisory authority – the President of the Office of Competition and Consumer Protection, if they deem that processing of their Personal Data violates the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119/1) – starting from 25 May 2018.

13. A consent to Personal Data processing is voluntary, but necessary to provide the Service. Failure to provide Personal Data required by the Store results in refusal to provide the Service by the Store.

§ 9 [Technical requirements]

1. In order to use the Store, the Buyer must have:
a) access to the Internet,
b) access to an individual e-mail account,
c) a web browser in the following version or a newer one: Internet Explorer 9.0, Mozilla Firefox 25.0, Google Chrome 33.0, Safari 6.0, Opera 12.0.

2. The Store uses Java Script and cookie files.

3. Any and all costs related to gaining access to the Store by the Buyer as well as using it are incurred by the Buyer.

§ 10 [Final provisions]
1. These Regulations apply upon being published on the sites of the Store and constitute an integral part of a contract for providing services by electronic means concluded with the Buyer.

2. The Store reserves the right to amend these Regulations at any time. Amendments to the Regulations enter into force after 14 days calculated from the date when the Regulations were published on the website of the Store indicated in § 1 point 1 of the Regulations.

3. The Store notifies the Buyer of the intention to amend the Regulations by sending the content of the new regulations to the e-mail address indicated by the Buyer. The Buyer is bound by the Regulations applicable at the moment when the Contract is concluded.

4. Any disputes between the Store and the Buyer being a Consumer will be referred to courts competent with the provisions of relevant provisions of the Act of 17 November 1964 – Code of Civil Proceedings (Polish Journal of Laws of 2016, item 1822, as amended).

5. Consumers may seek to solve disputes before an arbitration court or refer such disputes for consideration to permanent consumer arbitration courts operating at voivodeship inspectorates for Commercial Inspections. Consumers may also use an online dispute resolution platform for disputes related to distance contracts concluded between consumers and entrepreneurs, which is available at http://ec.europa.eu/consumers/odr.

6. Any possible disputes between the Store and the Buyer not being a Consumer are referred for consideration to a court having territorial jurisdiction over the registered office of the Store.

7. The provisions of the Act of 23 April 1964 – Civil Code (Polish Journal of Laws of 2014, item 121, as amended), provisions of the Act of 18 July 2002 on the Provision of Electronic Services (Polish Journal of Laws of 2002, no. 144, item 1204, as amended), the Act of 30 May 2014 on Consumers’ Rights (Polish Journal of Laws of 2014, item 827, as amended); the Act of 29 August 1997 on Personal Data Protection (Polish Journal of Laws of 1997, no. 133, item 833, as amended) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119/1) as well as other relevant provisions of the ordinary law applicable in Poland apply to matters not regulated in these Regulations.

8. The Store as well as its particular components constitute a work within the meaning of the provisions of the Act of 4 February 1994 in Copyright and Related Rights (Polish Journal of Laws of 2006, no. 90, item 631, as amended) and are protected as provided for in the above-mentioned provisions.

Appendices:
1. Withdrawal form
2. Privacy Policy and Cookie Policy