Terms and Conditions

§ 1. General Provisions

These Terms and Conditions, hereinafter referred to as the “Terms and Conditions”, set out the terms of using the online shop available at https://balaganstudio.com/pl/, hereinafter referred to as the “Shop”.
The Shop is operated by the company under the name BALAGAN spółka z ograniczoną odpowiedzialnością having its registered office in Warsaw at ul. Kielecka 1/1, 02-504 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw under number KRS 0000782251, REGON 383124231, NIP 5213863874, having the share capital of PLN 5,000.00, hereinafter referred to as the “Controller”.
The Shop's address and contact details: website: www.balaganstudio.com; telephone number: +48 534 929 247, Controller’s registered office: ul. Kielecka 1/1, 02-504 Warsaw.
Any person should read the Shop’s Terms and Conditions before proceeding to use its services.
The Customer must have an active and working e-mail account to make purchases in the Shop.

§ 2. Type and Scope of Activity

The Shop’s activity is sale of a range of clothes and accessories online.
The items offered for sale are new and manufactured in Poland.

§ 3. Information on Processing of Personal Data

The controller of the Customers’ personal data within the meaning of Art. 4 (7) of the Regulation of the Parliament of the European Union 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, is Balagan spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Kielecka 1/1, 02-504 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw under number KRS 0000782251, REGON 383124231, NIP 5213863874, having the share capital of PLN 5,000.00.
Any information relating to the principles of processing of the Customers’ personal data which are collected and processed in the Shop with the use of the services provided by the Controller within the Shop’s operations can be found in the privacy policy available at: https://balaganstudio.com/en/25/privacy-policy.

§ 4. Technical Requirements

The Customer’s terminal equipment should meet the following minimum technical requirements for a correct and uninterrupted use of the Shop:
1. active internet coverage with the speed of at least 1 Mb/s,
2. internet browser in the version of at least Internet Explorer 11, Chrome 43, FireFox 38, Opera 29, Safari 8, iOS Safari 8.3, Android Browser 4.4, Chrome for Android 42
3. enabled cookies and JavaScript
The Shop is not obliged to provide the above-mentioned equipment and/or software.
The installation of the software referred to in subsections (1) and (2) is subject to a separate agreement between the Customer and licensor.
The Shop’s website is optimised for the horizontal display resolution of 1280 pixels.

§ 5. Purchasing Policy

The information provided on the Shop’s web pages, including the information about the presented products, in particular the descriptions, technical and functional parameters and prices of the products, constitutes an invitation to contract within the meaning of Art. 71 of the Civil Code.
The Shop shall provide the Customer with the following information before confirming the purchase:
1. a detailed description of the product and its characteristics;
2. total prices of the ordered products together with taxes and charges for transportation, delivery or mailing services, and the summed-up total price of the order with the selected shipping method.
3. information concerning the manner and time frame of payment
4. information concerning the manner and time frame of provision of the service by the trader.
Orders shall be placed using an online form available at the shop’s website under the link / available upon clicking on the button “Order with obligation to pay” which is under/next to the description of a product, or in the summary of the shopping cart; the Customer shall enter the following data into the form:
1. first name and last name or company name;
2. e-mail address;
3. phone number;
4. tax ID (NIP);
5. delivery address.
The Customer shall place the order after reading the information specified in the Shop’s Terms and Conditions and the information indicated in subsection (2), which shall be displayed electronically at the last stage of filling-in the online form preceding the expression of will to enter into contract by clicking on the button “Order with obligation to pay”. After reading the information gathered for the particular order placed by the Customer, the Customer shall express their will to enter into the contract by clicking on the button “Order with obligation to pay”.
All prices displayed on the Shop’s web pages are in PLN or another indicated currency and are inclusive of VAT. The price displayed in the cart summary before placing the order shall include the shipping cost according to the shipping method selected by the Customer.
The Shop undertakes to deliver the items free of defects.
Orders are considered to be accepted for execution after the Shop has confirmed the acceptance of the Customer’s order.
The order confirmation shall be sent automatically after placing the order by the Customer;
The Shop may withhold the acceptance of the order in a case where there are doubts as to the validity and reliability of the information provided by the Customer in the registration form. In such case the Shop shall notify the Customer immediately to clarify the subject-matter doubts.
The Customer shall be notified immediately in the case of unavailability of a part of the products included in the order. The Customer has the right to decide whether the order is to be executed in part or cancelled in full.
The Customer and the Shop are bound by the product price which is valid at the time of placing the order.
The Shop shall accept the following payment methods: electronic payment system (Przelewy24, PayPal, PayPo, Klarna, payment card), traditional bank transfer.
The time frame for payment shall be three days after receiving the Shop’s confirmation of order acceptance.
The contract shall be deemed concluded at the moment of payment by the Customer, after prior receipt of confirmation of order acceptance.
The contract shall be deemed concluded at the moment of payment by the Customer, after prior receipt of confirmation of order acceptance.
The ordered goods shall be shipped using the courier company: DHL, DPD, Polish Postal Services or to InPost Parcel Points. The shipping costs are set out in the Shipping tab. The cost of international shipping shall be determined individually with the Customer, depending on the final place of delivery.
In the event of ordering several items, the goods shall be packed in one joint package.
In the event of shipping the goods by the Shop to the Customer who is a consumer, the risk of loss of or damage to the items (goods) passes onto the Customer at the moment of hand-over thereof to the Customer. The item shall be deemed handed over at the moment of handing it to the carrier if the Shop did not influence the Customer’s choice of the carrier.
The Shop shall provide a notice form (instructions about withdrawal from contract) as well as a withdrawal form in the shipment containing the product. The forms constitute appendices no. 1 and 2 to these Terms and Conditions.
An accounting document confirming the purchase shall be sent electronically, together with the Product. The Customer is obliged to provide full data necessary for the issue of a VAT invoice:
1. first name and last name/company name,
2. residence address,
3. tax ID (NIP) (for companies);
4. order number,
5. contact address.
Each Customer who registers an account and/or makes a purchase shall express their consent to receive information related to the course of the transaction, notifications and changes to the Terms and Conditions to the e-mail address provided.
Other information relating to the operations of the Website, as well as information containing marketing information about new products or services of the Website, about the Website’s promotions and information promoting the products of the Controller’s partners shall be sent exclusively to the Customers who have given their consent thereto.

§ 6. Complaints

The Customer who is a Consumer may exercise their rights to complain granted under the provisions of the Civil Code of 23 April 1964 and the Consumer Rights Act of 30 May 2014.
The Shop is liable to the Customer under the statutory warranty for defects if the sold item (goods) has a physical or legal defect. A physical defect shall mean non-conformity of the sold item (goods) with the contract. The sold item (goods) is considered to be non-conforming with the contract, in particular, in the following cases:
1. the item does not have the qualities which the item of its kind should have in view of its purpose specified in the contract or resulting from the circumstances or its intended use;
2. the item does not have the qualities the existence of which the Shop has ensured to the Customer, for example, by presenting a sample or model;
3. it is unfit for the use of which the Customer informed the Shop upon entering into the contract and the Shop did not raise any objections to such use;
4. the item was handed over to the Customer in incomplete form.
Complaints about the ordered goods may be filed via e-mail to the address [email protected] or by registered mail to the address: Balagan spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Kielecka 1/1, 02-504 Warsaw. To facilitate the complaint procedure, this URL contains a sample complaint form. The use of this form is optional.
When filing a complaint, please provide the following data: Customer’s first and last name, address, identification data of the transaction (login, order number, order date), item ordered and reason for complaint, contact details.
Specifying the manner of fulfilling the obligation to handle the filed complaint relating to occurrence of physical or legal defects of an item, the Customer who is a consumer has the right to file a declaration with a request for a price reduction or withdrawal from contract, unless the Shop immediately and without any inconvenience for the Customer replaces the defective item with a new item that is free of defects or removes the defect. This limitation is not applicable where the item has been replaced or repaired by the seller (the Shop) before or the Shop has not satisfied the obligation to replace the item with a new item that is free of defects or to remove the defect.
The Customer who is a Consumer may, instead of the removal of the defect offered by the Shop, demand replacement of the item with a new item that is free of defects, or, instead of replacement of the item, the Customer may demand removal of the defect, unless the method selected by the Customer is impossible or would require excessive costs when compared to the method suggested by the Shop. The assessment of excessiveness of costs shall take into account the value of the new item that is free of defects, kind and significance of the found defect, as well as the inconvenience to the Customer caused by the choice of the alternative method.
The price reduction should be in the same proportion to the price arising out of the contract as the proportion of the value of the defective item to the defect-free item.
The Customer may not withdraw from the contract if the defect is insignificant
The complaint filed by the Customer shall be handled within fourteen business days of the moment of the filing. No declaration within that time frame shall be deemed as acceptance of the claims made by the Customer.
The Customer shall be notified about the result of the filed complaint in the same manner in which the complaint was sent, unless the Customer reserves another form. The decision on acceptance or dismissal of the complaint shall be additionally sent by e-mail to the address specified by the Customer.
In the event of acceptance of the complaint, the Shop shall ship the Goods free of defects or with the defect removed within reasonable time to the Customer. Should the repair or replacement with a new product be impossible for the above-mentioned reasons, the Shop shall, according to the alternative request made by the Customer, reduce the price or refund the product price equivalent increased by the shipping cost.

§ 7. Withdrawal from Contract

In accordance with the Consumer Rights Act of 30 May 2014, the Customer who is a consumer has the right to withdraw from the contract in writing without specifying the reason within fourteen days after the item has been handed over, i.e., after the moment in which the Customer has taken possession of the item or in which a third person indicated by the Customer, other than the carrier, has taken possession of the item. To satisfy the fourteen-day time frame requirement referred to in subsection (1) it is sufficient to send a notice of withdrawal before the lapse of that time frame. The notice may be filed in the form the sample of which can be found at this at this URL and which shall be sent by the Shop in paper form together with the shipped product. The use of this form is optional.
In accordance with Art. 38 of the Consumer Rights Act, the right to withdraw from a distance contract does not apply by the law inter alia in the following cases:
1. in the case of a contract for provision of services if the trader has fully performed the service with the consumer’s express prior consent, and the consumer was informed before commencement of the performance that the right to withdraw from contract would not apply after completion of the service;
2. where the price or remuneration depends on fluctuations in the financial market outside of the trader’s control and which may occur before the lapse of the withdrawal period;
3. where the supplied goods are made to the consumer's specifications or are clearly personalised;
4. where the supplied goods are delivered in a sealed packaging which after unpacking may not be returned due to the protection of health or for hygienic reasons, if the packaging was unsealed after delivery;
5. where the supplied goods are items which are by nature inseparably mixed with other items after delivery;
In the event of withdrawal from the contract, the Customer is obliged to return the goods to the address: The correct address can be found in the “Return and exchange” tab or deliver them to a person authorised by the Shop to collect them, immediately, in no event later than fourteen days after the day of withdrawal from contract, unless the Shop has offered to pick up the goods on its own. The returned goods should be packed in a way which ensures that the goods do not get damaged in transport.
Should the Customer exercise the right referred to in subsection (1), the Customer shall cover the direct costs of returning the goods.
In the event of withdrawal from the contract, all payments made by the Customer shall be refunded, including the shipping costs (to the exception of additional costs resulting from the shipping method selected by the Customer if the selected method was not the cheapest standard delivery offered by the Shop), immediately and in no case later than fourteen days after the Shop was informed about the Customer’s decision to exercise the right to withdraw from the contract with the Shop.
In the event of partial withdrawal from contract by the Customer, the Customer shall receive a partial refund of the shipping costs having a causal connection with the items covered by the withdrawal from contract.
The Shop shall refund the costs using the same method which the Customer used to make the payment, unless the Customer has explicitly agreed to another method, which shall not involve any costs for the Customer.
The Shop may withhold the refund until the receipt of the returned Goods (items) or until receipt of a proof shipment of the goods in connection with the withdrawal, whichever is the earlier.
If the Customer who is a consumer has selected a shipping method of the item (goods) which is not the cheapest standard method offered by the trader, (this concerns the original shipment to the Customer), the trader is not obliged to refund the additional costs borne by the Customer.

§ 8. Final Provisions and Possibility to use out-of-court Complaint and Redress Mechanism

The provisions of the Polish law, in particular the Consumer Rights Act of 30 May 2014 and the Act of 23 April 1964 - Civil Code - shall apply to all matters not regulated herein.
The provisions of the Polish law, in particular the Consumer Rights Act of 30 May 2014 and the Act of 23 April 1964 - Civil Code - shall apply to all matters not regulated herein.
The information about the possibility to use out-of-court complaint and redress mechanism by the Customer who is a consumer, and the methods for having access to it, can be found in the premises and on websites of the poviat and city consumer spokesmen, social organisations whose statutory work is consumer protection, the Provincial Inspectors of Trade Inspection and at the following websites of the Office for 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.
The Customer who is a consumer has inter alia the following possibilities to use the out-of-court complaint and redress mechanisms:
1. the Permanent Consumer Arbitration Court operating at the Trade Inspection - it provides the possibility to request a resolution of a dispute arising out of the Contract for Sale;
2. the Provincial Inspector of Trade Inspection - possibility to request initiation of amicable mediation proceedings before the settlement of the dispute between the Customer and the shop;
3. poviat and city consumer spokesmen or social organisations whose statutory work is consumer protection (such as the Consumer Federation, Association of Polish Consumers). The assistance is provided by the Consumer Federation via a free-of-charge consumer helpline 800 007 707 and by the Polish Consumer Association at the e-mail address [email protected]

§ 9. Other Provisions

The Controller reserves that all materials available in the Shop are protected with copyrights. The Customer has the right to use them only in the allowed scope of personal use. Copying, duplication, distribution in the Internet or any other forms of using the materials or information published in the Shop falling outside of the scope allowed by the law shall be prohibited.
The Customer may not copy, multiply or otherwise use the intellectual property rights, in full or in part, for any of the contents referred to in subsection (1) above.
The applicable provisions of the Polish law shall apply to all matters not regulated herein.
The Controller reserves the right to make any changes hereto under the reservation that the version of the Terms and Conditions applicable at the moment of placing the order shall be applicable if the order was placed before the change to the Terms and Conditions.

Appendix B. RETURN FORM