The terms and conditions

RULES AND REGULATIONS OF THE ONLINE SHOP

§1

Preliminary Provisions

The online store EMBASSY INTERIORS, accessible at www.embassyinteriors.pl, is operated by Katarzyna Będzińska-Kowalczyk, conducting business under the name Embassy227 Katarzyna Będzińska-Kowalczyk, with registered address at ul. Sudecka 139B, 53-128 Wrocław, registered in the Central Registration and Information on Business Activity (CEIDG) maintained by the Minister of Development and Technology, NIP 8991597427, REGON 020328541 (“Store”).

These Terms and Conditions define the rules for using the online Store, the terms and procedures for concluding Sales Agreements with Buyers at a distance via the Store, and the procedure for withdrawal from the contract by the Consumer.

These Terms and Conditions constitute the regulations referred to in Article 9 of the Act on Providing Services by Electronic Means of 18 July 2002 (consolidated text, Journal of Laws of 2020, item 344, as amended).

Before making a purchase, Clients are obliged to read these Terms and Conditions, comply with their provisions, and use the Store in accordance with applicable laws.

Sales based on these Terms and Conditions are governed by the version in force at the time the order is placed.

The Terms and Conditions are displayed prominently on the Store’s website and are available for viewing, reproduction, and retention on the website, and at the request of the Client, particularly before concluding a contract.

Any information on the Store’s website regarding products, including prices, does not constitute an offer within the meaning of Article 66 of the Civil Code of 23 April 1964 (consolidated text, Journal of Laws of 2023, item 1610, as amended). Such information constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code. By submitting an Order Form, the Client makes an offer to purchase and deliver the Product under the conditions and price specified in the Product description.

§2

Definitions

  1. Embassy Interiors – Embassy227 Katarzyna Będzińska-Kowalczyk, ul. Sudecka 139B, 53-128 Wrocław, registered in CEIDG, NIP 8991597427, REGON 020328541.

  2. Seller – Katarzyna Będzińska-Kowalczyk conducting business under the name Embassy227 Katarzyna Będzińska-Kowalczyk, same address and registration details as above.

  3. Client – an adult natural person with full legal capacity, a legal person, or an organizational unit without legal personality but with legal capacity, making purchases from the Seller via the website directly related to their business or professional activity.

  4. Consumer – an adult natural person as referred to in Article 22(1) of the Civil Code, with full legal capacity, making purchases from the Seller. A person concluding a contract directly related to their business activity is also considered a Consumer if the contract is not of a professional nature, to the extent that mandatory law grants such persons consumer rights (“Entrepreneur with Consumer Rights”).

  5. Buyer – both Consumers, Entrepreneurs with Consumer Rights, and Clients making purchases via the Store.

  6. Store – the online store operated by the Seller at www.embassyinteriors.pl, through which Buyers can purchase Products.

  7. Agreement – a sales agreement of Products concluded remotely or outside the Seller’s premises, electronically, without the physical presence of the parties, under these Terms and Conditions, via the Store through the Order Form.

  8. Terms and Conditions – these Terms and Conditions of the Store, governing the use of the Store by Clients; by placing an Order, the Client accepts the Terms and Conditions.

  9. Order – a declaration of intent by the Buyer submitted via the Order Form, aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.

  10. Account – the Buyer’s account in the Store, containing data provided by the Buyer and information about Orders placed in the Store.

  11. Registration Form – a form available in the Store that allows the creation of an Account.

  12. Order Form – an interactive form in the Store enabling the placement of an Order, including adding Products to the Cart and specifying the terms of the Sales Agreement, including delivery and payment methods.

  13. Cart – a software feature of the Store showing the Products selected by the Buyer for purchase, allowing modification of the Order, including product quantities.

  14. Product – a movable item/service available in the Store and the subject of a Sales Agreement between the Buyer and Seller.

  15. Place of Delivery – postal address or collection point specified by the Buyer in the Order.

§3

Contact with the Store

  1. Seller’s address: Katarzyna Będzińska-Kowalczyk, ul. Rydygiera 47, 50-248 Wrocław

  2. Seller’s email: [email protected], [email protected]

  3. Seller’s phone number: +48 690 240 227

  4. Seller’s bank account:
    ING Bank Śląski SA
    Address: ul. Sokolska 34, 40-086 Katowice, PL
    SWIFT: INGBPLPW
    Account: PL06 1050 1575 1000 0092 3510 1723 (for PLN payments)

  5. Buyers may contact the Seller, including for withdrawal from the Agreement or complaints, via the contact details above.

§4

Technical Requirements

  1. To use the Store, including browsing its assortment and placing Orders, the Buyer needs:
    a. a device with internet access and a web browser such as Mozilla Firefox, Internet Explorer, Opera, Google Chrome, or Safari;
    b. an active email account;
    c. cookies enabled;
    d. installed Flash Player.

§5

General Information

  1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the functioning of the Online Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the Online Store with the Buyer’s technical infrastructure.

  2. Browsing the Store’s assortment does not require creating an Account. The Buyer may place Orders for Products available in the Store’s assortment either after creating an Account in accordance with §6 of the Terms and Conditions, or by providing the necessary personal and address details required to process the Order without creating an Account.

  3. Prices in the Store are given, depending on the selected option, in Polish zloty (PLN), euros (EUR), or US dollars (USD), and are gross prices (including VAT).

  4. The final (total) amount payable by the Buyer consists of the price of the Product and the cost of delivery, which the Buyer is informed about on the Store’s website during the Order placement process, including at the moment of expressing the intention to enter into a Sales Agreement.

  5. The information about Products presented on the Store’s website, in particular their descriptions, technical and functional parameters, and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Polish Civil Code.

  6. The price indicated in the Order is the amount the Buyer is obliged to pay for the Product, including all applicable taxes (gross price). The price does not include the cost of delivery, which depends on the delivery method chosen by the Buyer.

  7. The Seller reserves the right, within the limits of applicable law, to change prices, introduce new Products, modify existing Products, or withdraw them from the offer.

 

§6

Creating an Account

  1.  To create an Account in the Store, the Registration Form must be completed. It is necessary to provide the following information: first and last name, and email address.
  2. Creating an Account in the Store is free of charge.
  3. Logging into the Account is done by entering the login and password established during the Registration Form process.
  4. The Buyer has the right, at any time, without giving a reason and without incurring any fees, to delete their Account by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in §3

§7

Rules for Placing an Order

  1. To place an Order:
    a. Select the Product and click “Add to Cart”;
    b. From the “Cart,” fill out the Order Form. You can log in or place an Order without registration;
    c. If ordering without registration, complete the Order Form with recipient data and the delivery address;
    d. Choose the delivery method and payment method, optionally provide invoice details if different from the recipient;
    e. Accept the Terms and Conditions;
    f. Click “Order and Pay” and, depending on the payment method, pay for the Order.

Orders are accepted 24/7 through submission of the Order Form.

§8

Delivery and Payment Methods

  1. Delivery methods:
    a. Courier delivery
    b. Personal pickup at: ul. Rydygiera 47, 50-248 Wrocław

  2. Delivery costs range from EUR 16.00 to EUR 49.00, depending on the delivery country. Orders totaling EUR 1,000.00 or more qualify for free delivery to the countries listed on the shipping webpage: https://embassyinteriors.com/shipping

  3. Orders are processed on business days; orders placed on weekends or holidays are processed the next business day. The Seller is not responsible for delays caused by the carrier.

  4. Payment can be made via the external payment system imoje, operated by ING Bank Śląski S.A., based in Katowice, Poland.

  5. Detailed information on delivery methods and accepted payment methods can be found on the Store’s website.
  6. The terms and conditions for making payments via banks or other payment services are defined by the regulations of those banks or services.

§9

Conclusion of Sales Agreement

  1. The Sales Agreement between the Buyer and the Seller is concluded after the Buyer submits an Order via the Order Form on the online Store in accordance with §7 of the Terms and Conditions.
  2. Upon submitting the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. The confirmation of receipt and acceptance of the Order is sent by the Seller to the Buyer via email to the address provided during Order placement. The email must include at least the Seller’s statements confirming receipt of the Order, acceptance for processing, and confirmation of the conclusion of the Sales Agreement. Upon receiving this email, the Sales Agreement between the Buyer and the Seller is concluded.
  3. Fulfillment of an Order paid by bank transfer or via an electronic payment system occurs after the payment is credited to the Seller’s account, which should take place within 3 business days from the date the Order was placed. If payment is not received within this period, the Agreement expires.
  4. The Product will be shipped within the timeframe specified on the product page. For Orders containing multiple Products, the longest delivery time among the Products applies. The start of this period begins upon processing of the Order.
  5. The purchased Product is delivered using the delivery method selected by the Buyer to the Place of Delivery specified in the Order.
  6. In the case of personal pickup, the Product will be ready for collection by the Buyer within the timeframe indicated in the Product description. The Buyer will be additionally informed of the Product’s availability via email sent to the address provided during Order placement.
  7. If Products with different availability dates are ordered, the latest date among them shall be considered the Product’s availability date for pickup.
  8. The start of the availability period for the Buyer to collect the Product is as follows:
    – For payments made by bank transfer, electronic payment, or credit/debit card – from the date the Seller’s account is credited.
    – For payments made in cash upon personal pickup – from the date of conclusion of the Sales Agreement.
  9. Delivery of the Product to the Buyer is subject to a fee, unless the Sales Agreement states otherwise. Delivery costs are communicated to the Buyer on the Store’s website during Order placement, including at the time the Buyer expresses the intent to be bound by the Sales Agreement.
  10. Personal pickup of the Product by the Buyer is free of charge and occurs during the hours designated by the Seller.

§10

Right of Withdrawal

  1.  Under Article 27 of the Consumer Rights Act, the Consumer has the right to withdraw from a distance contract without giving any reason and without incurring costs, except for the costs specified in Articles 33 and 34 of the Consumer Rights Act.
  2. The deadline for withdrawing from a distance contract expires 14 days after the day on which the Consumer, or a third party other than the carrier and indicated by the Consumer, takes possession of the Product. To meet the deadline, it is sufficient to send the withdrawal statement before the expiry of the 14-day period.
  3. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. The withdrawal statement may be submitted using the form whose template is Appendix 2 to the Consumer Rights Act or via a form available at the following link: withdrawal form (submission via the link is not mandatory).
  4. In the event of withdrawal from the Agreement, the Agreement is considered not concluded.
  5. The Consumer is obliged to return the Product to the Seller immediately, but no later than 14 days from the day on which the Consumer withdrew from the Agreement. To meet the deadline, it is sufficient to send the Product before the expiry of the 14-day period.
  6. The Consumer is responsible for any diminished value of the Product resulting from handling it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
  7. The Seller shall immediately, and no later than 14 days from the day of receiving the Consumer’s withdrawal statement, refund all payments made by the Consumer, including the costs of delivering the Product. If the Consumer chose a delivery method other than the least expensive standard delivery offered by the Seller, the Seller is not obliged to refund additional costs in accordance with Article 33 of the Consumer Rights Act.
  8. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to another method that does not incur any costs for the Consumer.
  9. The Seller may withhold the refund until the Product has been received back or until the Consumer provides proof of its dispatch, whichever occurs first.
  10. In accordance with Article 38 of the Consumer Rights Act, the Consumer does not have the right to withdraw from the Agreement, in particular when the subject of the contract is a non-prefabricated item, made according to the Consumer’s specifications, or intended to meet their personalized needs.
  11. If the Consumer exercises the 14-day withdrawal right, the cost of returning the goods shall be borne by the Consumer.
  12. The provisions of this section apply accordingly to a natural person entering into a contract directly related to their business activity when the content of the contract indicates that it is not of a professional nature for that person.

§11

Complaints

  1. Pursuant to Article 558(1) of the Civil Code, the Seller fully excludes liability to Clients for physical and legal defects (warranty). 
  2. The provisions of the Civil Code Act of 23 April 1964 (Journal of Laws of 2023, item 1610, as amended) do not apply to contracts obliging the transfer of ownership of goods to the Consumer, in particular sales contracts. Consumers have the right to file a complaint regarding a Product on the grounds of its non-compliance with the contract, in accordance with the Consumer Rights Act. 
  3. The Seller is liable for any non-compliance of the Product with the Agreement that existed at the time of its delivery and becomes apparent within two years from that moment. 
  4. In the case of a contract with a Consumer, if a physical defect has been found within two years of the release of the item, it is assumed that it existed at the time when the risk was transferred to the Consumer. 
  5. In the event of the Product’s non-conformity with the Agreement, the Consumer has the right to request its repair or replacement. 
  6. The Seller may replace the Product when the Consumer requests a repair, or may repair the Product when the Consumer requests a replacement, if bringing the Product into conformity with the Agreement in the manner chosen by the Consumer is impossible or would entail excessive costs for the Seller. If both repair and replacement are impossible or would entail excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Agreement. 
  7. The Seller shall carry out the repair or replacement within a reasonable time from the moment the Consumer informed the Seller of the lack of conformity with the Agreement, and without undue inconvenience to the Consumer, taking into account the nature of the Product and the purpose for which it was purchased. 
  8. The costs of repair or replacement, including in particular postal fees, transportation, labor, and materials, shall be borne by the Seller. The Consumer shall make the Product subject to repair or replacement available to the Seller. The Seller shall collect the Product from the Consumer at the Seller’s expense. 
  9. If the Product is not in compliance with the Agreement, the Consumer may declare their intention to either request a price reduction or withdraw from the Agreement when:
    a) the Seller has refused to bring the Product into compliance with the Agreement;
    b) the Seller has failed to bring the Product into compliance with the Agreement;
    c) the lack of compliance persists despite the Seller’s attempt to bring the Product into compliance with the Agreement;
    d) the lack of compliance is so significant that it justifies a price reduction or withdrawal from the Agreement without a prior request for repair or replacement;
    e) it is evident from the Seller’s statement or from the circumstances that the Seller will not bring the Product into compliance with the Agreement within a reasonable time or without causing undue inconvenience to the Consumer.
  10. The reduced price must remain proportionate to the price under the Agreement, in the same ratio as the value of the non-compliant Product relates to the value of a Product in compliance with the Agreement. 
  11. The Seller shall refund the amounts due to the Consumer as a result of exercising the right to a price reduction without undue delay, and no later than 14 days from the day of receiving the Consumer’s declaration requesting the price reduction. 
  12. The Consumer may not withdraw from the Agreement if the lack of compliance of the Product with the Agreement is minor. It is presumed that the lack of compliance of the Product with the Agreement is significant. 
  13. In the event of withdrawal from the Agreement, the Consumer shall return the Product to the Seller without undue delay and at the Seller’s expense. The Seller shall refund the price to the Consumer immediately, and no later than fourteen (14) days from the day of receiving the Product or proof of its return, using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for them. 
  14. Product complaints may be submitted by Consumers in the following ways:
    a) via email at: [email protected]
    b) in writing, to the Seller’s address: Katarzyna Będzińska-Kowalczyk, conducting business under the name Embassy227 Katarzyna Będzińska-Kowalczyk, 52-428 Wrocław, Rydygiera 47
  15. A complaint should include the following elements:
    a) Consumer’s details
    b) Order number
    c) Proof of purchase (original or copy); this element is not mandatory for submitting a complaint but may facilitate its processing. 
  16. Complaints are processed within 14 days from the date the complaint is received by the Seller. 

A natural person entering into an agreement directly related to their business activity, where it follows from the content of the agreement that it does not have a professional character for that person, has the right to submit a Product complaint on the grounds of non-compliance with the contract, in accordance with the Consumer Rights Act, for physical defects of the sold item, taking into account the provisions applicable to an Entrepreneur with Consumer Rights. The provisions of this paragraph apply accordingly. 

§12

Alternative Dispute Resolution

  1. The Consumer has the following exemplary options for using out-of-court methods of complaint handling and claims resolution:
    a. The Consumer is entitled to apply to a permanent consumer arbitration court, referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from an Agreement concluded with the Seller.
    b. The Consumer is entitled to apply to the regional inspector of the Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate a mediation procedure for the amicable resolution of a dispute between the Consumer and the Seller.
    c. The Consumer may obtain free assistance in resolving a dispute with the Seller, including free assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Federation of Consumers, Association of Polish Consumers).

§13

Personal Data in the Store

  1.  The administrator of the personal data of Buyers collected via the Online Store is the Seller.
  2. Personal data of Buyers collected by the administrator through the Online Store is collected for the purposes of registering, maintaining, and using the user account of the online store, fulfilling the Sales Agreement, and, if the Buyer consents, also for marketing purposes.
  3. Recipients of Buyers’ personal data in the Online Store may include:
    a. In the case of a Buyer using postal or courier delivery through the Online Store, the Administrator provides the collected personal data of the Buyer to the selected carrier or intermediary handling shipments on behalf of the Administrator.
    b. In the case of a Buyer using electronic payment or payment by card in the Online Store, the Administrator provides the collected personal data of the Buyer to the entity handling these payments in the Online Store. In the case of processing personal data for the purpose of registering, maintaining, and using the user account of the online store, the Buyer’s personal data will be made available to the technical support team of the Store.
  4. The Buyer has the right to access the content of their data, correct it, and request its deletion.
  5. Providing personal data is voluntary; however, failure to provide the personal data indicated in the Terms and Conditions as necessary for concluding the Sales Agreement will result in the inability to conclude that agreement.

§14

Final Provisions

  1. Detailed information regarding the Consumer’s ability to use out-of-court methods of complaint handling and claims resolution, as well as the rules for accessing these procedures, is available at the offices and websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Regional Inspectorates of the Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php
    http://www.uokik.gov.pl/sprawy_indywidualne.php
    http://www.uokik.gov.pl/wazne_adresy.php
  2. Agreements concluded through the Online Store are concluded in the Polish language.
  3. The Seller indicates the following e-mail address as the first point of contact: [email protected]
  4. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as changes in legal regulations, changes in payment methods, and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Buyer of any changes at least 7 days in advance.
  5. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Consumer Rights Act; and the Personal Data Protection Act.
  6. The Buyer has the right to use out-of-court methods for handling complaints and pursuing claims. To this end, the Buyer may submit a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.