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Terms of service

Terms of Service

General provisions

  1. The SCULPT Online Store, available at the internet address: www.sculptEU.com, is an ICT platform enabling the conclusion of Sales Agreements at a distance as well as enabling the provision of services by electronic means, operated by Sculpt Sp. z o. o. with its registered office in Warsaw (00-682) at 86/ 410 Hoza Street, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw, Warsaw, 12th Commercial Division of the National Court Register under the KRS number: 0001129881, NIP: 7011225002, REGON: 529772664, with the share capital of PLN 50000 (contact details: email: sculptEU@gmail.com) (hereinafter also referred to as: "Service Provider" or "Seller").
  2. These Regulations are addressed to both Consumers and entrepreneurs using the Online Store. The provisions of these Regulations are not intended to exclude or limit any rights of Consumers under mandatory provisions of law - any possible doubts are explained in favor of the Consumer. In the event of inconsistency of the provisions of these Regulations with the above provisions, the provisions of generally applicable law shall prevail.
  3. The administrator of personal data processed in connection with the performance of the Sales Agreement and Electronic Service is the Seller (the Seller's data is indicated in point 1.1 above). Personal data is processed for the purposes, within the scope and based on the principles indicated in the Privacy Policy published on the Online Store website. Providing personal data is voluntary, however, failure to provide it prevents the performance of the Order and the use of all Electronic Services. Each person whose personal data is processed in connection with the use of the Online Store has the right to inspect their content and the right to update, correct and request their removal. Consent to the processing of personal data may be withdrawn at any time.

Definitions:

1.4.1 BUSINESS DAY - any day from Monday to Friday, excluding public holidays.
1.4.2 ORDER FORM - a form available on the Online Store website enabling placing an Order.
1.4.3 CUSTOMER - a Service Recipient who has concluded a Sales Agreement with the Seller.
1.4.4 CIVIL CODE - the Civil Code Act of 23 April 1964 (i.e. Journal of Laws of 2017, item 459, as amended).
1.4.5 CONSUMER - a Service Recipient entering into a legal act with an entrepreneur, including the Service Provider, not directly related to their business or professional activity.
1.4.6 ACCOUNT - functionality of the Online Store marked with an individual name (identifier or e-mail address) and secured with a password provided by the Service Recipient, containing a set of resources in the Service Provider's IT system, in which Service Recipients' data are collected, including information about placed Orders.
1.4.7 PRODUCT - yoga mats and yoga accessories available in the Online Store, or another product available in the company's offer, which is the subject of the Sales Agreement between the Customer and the Seller.
1.4.8 REGULATIONS - these regulations of the Online Store.
1.4.9 ONLINE STORE - the Service Provider's Online Store available at the internet address: www.sculpteu.com
1.4.10 SELLER, SERVICE PROVIDER - Sculpt Sp. z o. o. with its registered office in Warsaw (00-682) at 86/ 410 Hoza Street, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw, Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number: 0001129881, NIP: 7011225002, REGON: 529772664, with the share capital of PLN 50000.
1.4.11 SALES AGREEMENT - Product Sales Agreement concluded between the Customer and the Seller via the Online Store.
1.4.12 ELECTRONIC SERVICE - a service provided electronically within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2016, item 1030, as amended, hereinafter also referred to as the "Act on the provision of services by electronic means").
1.4.13 SERVICE RECIPIENT - a natural person, including a Consumer, who has legal capacity and/or is at least 13 years old (whereas if such person is under 18 years old, the consent of their legal representative or guardian is required), as well as a legal person.
1.4.14 ORDER - a declaration of will of the Service Recipient directly aimed at concluding a Product/Products Sales Agreement with the Seller, specifying the type and/or number of the Product and other content provided for by law.

Types and scope of electronic services

  1. The Service Provider provides the following Electronic Services via the Online Store:
    a. Enabling the placement of an Order in the Online Store by completing the Order Form.
    b. Providing the Terms and Conditions, Order Form, Online Store offer, and Privacy Policy.
    c. Maintaining an Account in the Online Store.

Terms and conditions of providing and concluding contracts for the provision of electronic services

  1. Payment:
    a. The provision of Electronic Services by the Service Provider is free of charge.
  2. The period for which the contract is concluded:
    a. The Agreement for the provision of Electronic Services consisting in enabling the placement of an Order in the Online Store by completing the Order Form is concluded for a fixed period of time and is terminated upon placement of the Order.
    b. The agreement for the provision of Electronic Services consisting in maintaining an Account in the Online Store is concluded for an indefinite period. This agreement is concluded upon effective completion and acceptance by the Service Recipient of the Order Form or the Form concerning the creation of a user account.
    c. The Agreement for the provision of the Electronic Service of access to the Regulations, Order Form, the Online Store offer, and the Privacy Policy is concluded when the Service Recipient displays the website of the Online Store and is concluded for the duration of browsing the page, i.e. until it is closed.
  3. Technical requirements necessary to use the Online Store:
    a. A computer with Internet access.
    b. Access to email.
    c. Internet browser:
    • Google Chrome 59 or later
    • Mozilla Firefox 54 or later
    • Apple Safari 10 or later
    • Microsoft Edge 17 or later
      d. Enabling Cookies in your web browser.
  4. Obligations of the Service Recipient:
    a. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account the respect for personal rights and intellectual property rights of third parties.
    b. The Service Recipient is obliged to enter data that is consistent with the actual state, current, and accurate. The Seller reserves the right to refuse to process the order if the data provided is inaccurate to the extent that it prevents the order from being processed and/or the shipment from being properly delivered.
    c. The Service Recipient is prohibited from providing content of an illegal nature.
    d. The use of Electronic Services may involve typical threats on the part of the Service Recipient, as an Internet user. The risk associated with the use of Electronic Services consists in particular in the threat of infecting the computer system with software aimed at, for example, spying on the use of the Internet, stealing important data, causing the inability to start the system, spam, deleting data, etc. The Service Provider uses its own system security and constant IT support, ensuring the security of transmitted and received data, which does not release the Service Recipient from exercising due diligence in using the Internet.

Terms and conditions of concluding a sales contract

  1. Announcements, advertisements, price lists, and other information about the Products provided on the website of the Online Store, in particular their descriptions, properties, and prices, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
  2. The price of the Product displayed on the Online Store website is given in Polish zloty, British pounds, or euros and includes all components, including VAT. The prices do not include any delivery and payment costs, which are indicated when placing the Order. The prices do not include the amount of customs duty in the case of specifying the delivery address of the order outside the borders of the Republic of Poland.
  3. The price of the Product displayed on the Online Store website is binding at the time of placing the Order by the Customer. This price will not change regardless of price changes in the Online Store, which may occur in relation to individual Products after the Order is placed by the Customer.
  4. Conclusion of the Sales Agreement:
    a. In order to conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance.
    b. After placing the Order, the Seller immediately confirms its receipt and acceptance of the Order for execution, which binds the Customer to his Order.
    c. Confirmation of receipt of the Order and its acceptance for execution takes place by sending an e-mail to the Customer, which contains:
    • Confirmation of all essential elements of the Order.
    • Seller's declaration of receipt of the Order.
    • Seller’s declaration of acceptance of the Order for execution (acceptance of offer).
    • Link to the page containing these Terms and Conditions.
      d. Upon receipt by the Customer of the e-mail message referred to in point 4.4.3., a Sales Agreement is concluded between the Customer and the Seller.
      e. Under the concluded Sales Agreement, the Seller undertakes to deliver the Product free from defects.

Payment methods

  1. The Seller provides the following payment methods:
    a. Payment by bank transfer or credit card via electronic payment via Przelewy24 or PayPal before delivery.
    b. Fulfillment of an order paid by bank transfer or credit card begins after receipt of payment for the goods.
  2. The Seller reserves the right to change the prices of goods in the Store, introduce new goods for sale, conduct promotional campaigns on the Store's websites, or introduce changes therein, provided that such changes do not violate the rights of persons who concluded Sales Agreements for Products offered by the Store before the aforementioned changes were made.

COST, DELIVERY TIME AND METHODS

  1. The Seller provides the following methods of delivery of the Product:
    a. Courier parcel.
  2. Any delivery costs are indicated when placing the Order. They depend on the method and place of delivery of the Product/Products selected by the Customer and the method of payment.
  3. The order fulfillment time in the Store given in the order summary is the most probable time of preparing the product for shipment to the Customer. The delivery time of the Product to the Customer is up to 30 working days. This time should be calculated as follows:
    a. If the Customer chooses to pay by bank transfer or credit card - from the date of crediting the Seller's bank account or settlement account.
  4. If the Seller is unable to meet the Product delivery deadline referred to in point 6.3., it shall immediately inform the Customer about the fastest possible delivery date.

Terms of termination of contracts for the provision of electronic services

  1. Termination of the contract for the provision of Electronic Services:
    a. An agreement for the provision of an Electronic Service of an indefinite duration and of a continuous nature (e.g., maintaining an Account in the Online Store) may be terminated.
    b. The Service Recipient may terminate the agreement with immediate effect and without indicating the reasons by sending an appropriate statement via e-mail to the address: sculpteu@gmail.com or in writing to the address: Sculpt Sp. z o. o., Warsaw, ul. Hoza 86/ 410, 00-682, Poland.
    c. In the case of Service Recipients who are also Consumers, the Service Provider may terminate the agreement for the provision of Electronic Services when the Service Recipient objectively, grossly, or persistently violates the Regulations, in particular by providing content of an illegal nature, after an ineffective, at least one call to cease or remove the violations with an appropriate deadline. The violation of the Regulations must be of an objective and illegal nature. In such a case, the agreement for the provision of Electronic Services expires after 14 days from the date of submission by the Service Provider to the Service Recipient of a declaration of intent to terminate it (notice period).
    d. In the case of Service Recipients who are not also Consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by sending an appropriate declaration to the Service Recipient.
    e. The Service Provider and the Service Recipient may terminate the agreement for the provision of Electronic Services at any time by mutual agreement of the parties.

Complaint procedure

  1. Complaints regarding non-conformity of the Product with the Sales Agreement:
    a. The basis and scope of the Seller's liability towards the Consumer for the non-conformity of the Product with the Sales Agreement are specified in particular in the Act of 30 May 2014 on consumer rights (Journal of Laws of 2017, item 683, as amended, hereinafter also referred to as the "Consumer Rights Act").
    b. Notification of non-conformity of the Product with the Sales Agreement and submission of an appropriate request (hereinafter also referred to as: "Complaint") may be made via e-mail to the following address: sculpteu@gmail.com or in writing to the following address: Sculpt Sp. z o. o., Warsaw, ul. Hoza 86/ 410, 00-682, Poland.
    c. In the Complaint, the Customer should provide: his/her name and surname (or company name), correspondence address, type and date of occurrence of the reasons for the Complaint, and a specific request.
    d. The Seller will respond to the Customer's request immediately, no later than within 14 days from the date of receipt of the Complaint. The response to the Complaint is sent to the address provided by the Customer or in another manner provided by the Customer.
    e. The Customer may use out-of-court methods of handling Complaints and pursuing claims. In order to use the possibility of amicable resolution of disputes concerning online purchases, the Customer may submit his complaint, for example, via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
  1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store:
    a. Complaints related to the provision of Electronic Services via the Online Store and other complaints related to the operation of the Online Store may be submitted by the Service Recipient via e-mail to the following address: sculpteu@gmail.com or in writing to the following address: Sculpt Sp. z o. o., Warsaw, ul. Hoza 86/ 410, 00-682, Poland.
    b. In the Complaint, the Customer should provide: his/her name and surname (or company name), correspondence address, type and date of occurrence of the reasons for the Complaint, and a specific request.
    c. It is recommended to provide as much information and circumstances as possible regarding the subject of the Complaint in the above e-mail message, in particular, the type and date of the irregularity and contact details - this will facilitate and speed up the consideration of the Complaint by the Service Provider.
    d. Consideration of the Complaint by the Service Provider shall take place immediately, no later than within 14 days from the date of its receipt.
    e. The Service Provider’s response to a Complaint is sent to the e-mail address of the Service Recipient provided in the complaint or in writing to the address indicated by the Service Recipient.

Right to withdraw from the sales contract

  1. The Service Recipient (Customer) who is also a Consumer who has concluded a Product Sales Agreement (distance sales agreement) may withdraw from it without giving a reason and without incurring any costs, except for the costs indicated below, by submitting an appropriate written statement within fourteen (14) days and returning the Product (it should be complete, unopened, in the original packaging and not show any signs of use). To meet the 14-day deadline, it is sufficient to send the statement before its expiry. The statement can be sent via e-mail to the following address: sculpteu@gmail.com or in writing to the following address: Sculpt Sp. z o. o., Warsaw, ul. Hoza 86/ 410, 00-682, Poland. The Product must be returned to the Seller within a maximum of 14 days from the date of sending the statement of withdrawal from the Sales Agreement.
  2. The 14-day period within which the Consumer may withdraw from the contract is counted from the date of receipt of the shipment, and in the case of a contract for the provision of an Electronic Service - from the date of its conclusion.
  3. The direct costs of returning the Product are borne by the Consumer.
  4. An example form for withdrawal from a contract concluded at a distance constitutes Annex No. 1 to the Regulations.
  5. In the event of withdrawal from the contract, it is considered not to have been concluded and the Consumer is released from all obligations. What the parties have provided is returned in an unchanged state.
  6. The Service Provider (Seller) will refund the value of the Consumer's Order (refund the payment) to the bank account number indicated by the Consumer or in another manner indicated by the Consumer, within 14 days from the date of receipt of the declaration of withdrawal from the contract together with the Product.
  7. The right to withdraw from the Sales Agreement does not apply to the Consumer in relation to the agreement, the subject of which is the provision of:
    a. an item delivered in a sealed package which cannot be returned for health or hygiene reasons after opening the package if the package was opened after delivery,
    b. an item that, due to its nature, is inseparably connected with other items after delivery,
    c. an item that spoils quickly or has a short shelf life.

Final provisions

  1. Agreements concluded via the Online Store are concluded in accordance with Polish law.
  2. In the event that a particular provision of the Regulations is deemed invalid or ineffective, the invalidity or ineffectiveness of this provision does not affect the validity or effectiveness of the remaining provisions of the Regulations. The Service Provider will make every effort to replace the invalid or ineffective provision with a new, legally non-defective provision.
  3. Change of Regulations:
    a. The Service Provider reserves the right to make changes to the Regulations for important reasons, in particular: changes in legal provisions; changes in payment and delivery methods; changes in the scope of payment or the form of the Electronic Services provided - to the extent to which such changes affect the implementation of the provisions of these Regulations.
    b. The amended Regulations shall bind the Service Recipient if the requirements specified in Article 384 of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and the Service Recipient has not terminated the agreement for the provision of the Electronic Service of a continuous nature within 14 days from the date of notification.
    c. However, changes to the Regulations will not in any way violate the acquired rights of Service Recipients who are also Consumers and use the Online Store before the date of entry into force of the changes, in particular changes to the Regulations will not affect Orders already placed, Agreements concluded or performed.
    d. If a change to the Regulations results in the introduction of any new fees or an increase in the existing fees, the Service Recipient who is a Consumer has the right to withdraw from the contract.
    e. All information, texts, graphics, illustrations, video files, and other materials posted on the website are the property of Sculpt Sp. z o. o. The use of materials contained on the website by users is permitted provided that:
    a. Such materials are used for non-commercial purposes.
    b. Such materials are used for informational purposes only.
    f. All information contained on the Store's website is general only and does not constitute advice. Anyone who uses the information contained on this website and makes any decisions based on it does so at their own risk and we advise that before making any decision or taking any action or refraining from doing so, you should obtain professional advice in your individual case. The Seller is not liable for damage resulting from direct or indirect access to this website or from using the information presented on it.
    g. The Seller makes every effort to ensure that the website functions uninterruptedly; however, in the event of its unavailability resulting from technical problems beyond our control, we will not be liable for any losses or damages related thereto.
    h. The Online Store website contains links to other websites that the Seller considers interesting for the Customer, but this does not imply the Seller's support or promotion of the content contained therein. The Seller has no control over the nature, content, or availability of such websites, nor has it reviewed or evaluated their content. Please note that when the Customer visits links to these websites, the Seller no longer has control over such third-party websites and is therefore not responsible for the protection of the Customer's personal data provided on such websites, and the Seller's privacy policy does not cover the activities of such websites. The Customer's visits to links to such third-party websites are at the Customer's own risk.
  4. In matters not regulated in these Regulations, the provisions of generally applicable law shall apply, in particular: the Civil Code, the Act on the provision of services by electronic means, the Act on consumer rights.
  5. Dispute resolution:
    Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is also a Consumer within the meaning of Art. 221 of the Civil Code shall be submitted for resolution to the competent common courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws of 2016, item 1822, as amended).