terms of service
These regulations define the manner of functioning of the SERUM online store located at the internet address www.serumstudios.eu and the terms of use. The regulations define the rights and obligations of the Store's Customers, as well as the rights, obligations and scope of responsibility of the Administrator as the entity managing and running the Store. Each potential Customer is obliged to familiarize themselves with the Regulations and may take further actions only after prior consent and acceptance of all its provisions.
The owner of the SERUM online store (www.serumstudios.eu) is the company SERUM ADRIAN KWIATEK, OKÓLNA 21/4, 64-92O PIŁA, NIP 764 264 1193, REGON 369023423, e-mail address contact@serumstudios.eu, entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy.
I. GENERAL PROVISIONS
The provisions of these regulations (hereinafter referred to as the "Regulations") apply to all contracts for the sale and delivery of goods concluded with SERUM via the online store www.serumstudios.eu (hereinafter referred to as the "Store"), regardless of the means of distance communication used in a given case for contact or conclusion of contracts between consumers and the company without the physical presence of the parties to the contract.
- The Regulations are addressed to all registered and unregistered users of the Store (hereinafter referred to as "Customers") and define the rules for registering and using the Store account, placing orders in the Store and the rules for concluding sales agreements.
- A necessary condition for starting to use the Store and placing orders is to read and accept these Regulations.
- The Customer may place an order without having to permanently register his/her data in the Store's database, provided that he/she reads and accepts the provisions of these Regulations.
- The online store may only be used by persons over 18 years of age.
- Customers who register in the Store and make purchases there provide their personal data and consent to their processing by SERUM under the terms set out in the Privacy Policy.
- The Customer is responsible for providing false personal data. SERUM reserves the right to refuse to process and cancel the product order in a situation where the Customer has provided false data or when such data raises justified concerns of SERUM as to its correctness. In such a case, the Customer will be informed by phone or e-mail about the reasons for canceling the order. In such a situation, the Customer has the right to explain all circumstances related to verifying the truthfulness of the data provided and canceling the order. In the absence of data allowing the Store to contact the Customer, the Store will provide all explanations after the Customer has contacted them.
- The Customer declares that all data provided by him for the purpose of fulfilling the order is true, but the Store is not obliged to verify their truthfulness and correctness.
II. PLACING ORDERS
- The Store sells goods exclusively via the Internet. To make purchases in the Store, it is necessary to have an active e-mail account.
- The store accepts online orders 24 hours a day, 7 days a week. Orders are accepted on the website http://www.serumstudios.eu
- In order to place an order, you must select products from the available Store offer, sizes and quantities by taking subsequent technical steps based on the messages displayed to the Customer available on the Store website. The selection of ordered products is made by the Customer by adding them to the Store basket.
- All prices are given in Polish zloty and include VAT. The price given for each product is binding from the moment the Customer places an order and confirms its fulfillment, and does not change even in the event of an increase in the prices of goods in the Store.
- Until the selection of ordered products is confirmed by clicking the "Order" button, the Customer has the option to make changes and modifications to the products in the order.
- After confirming the ordered products, the Customer is required to provide their contact details (applies to unregistered Customers), select the delivery method and payment method.
- When selecting the delivery method, the Customer will be informed about the shipping costs or that the order is covered by free delivery.
- Sending an order by the Customer (confirming it with the "BUY" button) constitutes an offer by the Customer to conclude a sales agreement, in accordance with the provisions of the Regulations. In the case of unregistered Customers, it is necessary to read the Regulations and the Rules and Conditions of Use of the Store and accept them before placing an order. The information placed on the Store's website does not constitute an offer to conclude a contract in accordance with the provisions of the Civil Code.
- The Customer may choose the following forms of payment for the ordered Goods: BLIK payments, payment card, Przelewy24, PayPal. Permitted payment methods may change and will be displayed to the Customer each time on the purchase path. The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.
- After placing and paying for the order, the Customer receives an e-mail confirming receipt of the order by the Store. If the Customer selects prepayment via one of the electronic payment systems as the payment method, the order will be fulfilled after the Store receives confirmation of receipt of payment from the electronic payment system operator.
- Order fulfillment begins the next business day after receiving the order. The customer receives an e-mail confirming that the order has been fulfilled, which is considered the moment of conclusion of the sales contract.
- Only correctly placed orders will be fulfilled. A correctly placed order is understood as the Customer entering all data necessary to conclude the sales contract and its implementation, which will be true, current and accurate. The order will not be fulfilled in the event of:
- The Store reserves the right not to process Orders placed by Customers in breach of paragraph II, section 12 of the Regulations.
- The Store may contact the Customer at the e-mail address provided by the Customer or by telephone, at the contact telephone number provided by the Customer, in order to clarify doubts, confirm the order or in other matters related to the execution of the order.
- By accepting the provisions of the Regulations, the Customer consents to the issuing and making available of invoices and corrective invoices by the Store in electronic form, in accordance with art. 106n paragraph 1 of the Act of 11 March 2004 on the tax on goods and services (Journal of Laws of 2022, item 931, as amended). The invoice is issued when all goods ordered by the Customer are completed and ready for shipment. The invoice will be attached to the shipment containing the products or in electronic form will be made available to the Customer via e-mail to the e-mail address provided by the Customer when placing the order or setting up the Customer Account. Consent to receiving invoices and corrective invoices in electronic form is tantamount to resignation from receiving them in paper form. The Customer may withdraw consent to receiving invoices and corrective invoices electronically by contacting Customer Service.
- In the event of withdrawal from the distance selling agreement by the Customer who is a consumer in accordance with Art. 221 of the Act of 23 April 1964 - the Civil Code (hereinafter referred to as the "Civil Code") and the Store receives the returned goods and if the complaint is accepted, the Store will send a correction invoice to the Customer's e-mail address.
- The Store may enable Customers to use discount codes. Discount codes may have time and quantity restrictions, may be addressed individually or to all Customers, and may also cover only individual products available in the Store. Detailed rules and conditions for using codes are specified in the regulations or appropriate instructions provided to the Customer together with the promotional code.
III. PROCESSING OF ORDERS
- Delivery of goods takes place in the manner chosen by the Customer and specified in the order.
- The Store is obliged to deliver the shipment to the buyer within a maximum of 30 days from the date of order confirmation. If the Store does not deliver the order to the Customer within this period, regardless of the reasons for the failure to deliver the shipment on time, the Customer has the right to withdraw from the contract. Upon receiving information from the Customer about the withdrawal from the contract, the Store has 14 days to return the amount paid by the Customer (including the amount for delivery).
- In the event of unavailability of some of the goods covered by the order, the Customer will be immediately informed about the status of the order and will decide on the manner of its execution (partial execution, extension of the waiting time, cancellation of the entire order).
- In the event of circumstances that make it impossible to fulfill an order, the Store reserves the right to suspend its fulfillment and undertakes to immediately notify the Customer of the situation.
- If the Customer decides to cancel the order and has previously paid, the automatic refund of this amount, together with the shipping costs, will take place within 14 days after the Store receives an email message informing the Customer of the cancellation of the placed order. However, in the case of the Customer's decision regarding partial fulfillment of the order, the previously paid amount will be credited towards the payment for the partially completed order, and the remaining surplus will be automatically refunded within 14 days after the Store receives an email message informing the Customer of the partial fulfillment of the order.
- When receiving the parcel with the order from the Courier, the Customer should check the condition of the parcel. In the event of damage or tampering with the packaging, the Store recommends drawing up a damage report in the presence of the Courier and notifying the Store of this fact.
IV. PRE-SALE
- The Store plans to introduce special purchase offers in the form of Pre-Order, within which the Customer has the opportunity to place an order for goods in advance, before their official premiere, at a price lower than the regular price for the goods.
- Pre-sale covers goods marked on the Store's website under the slogan 'PREORDER'.
- Orders placed by Customers as part of pre-sale are fulfilled in the order in which they are placed.
- The number of Pre-Order Products is limited. The pre-order of the product is valid until the Pre-Order Products are exhausted or until the end of the Pre-Order, depending on which event occurs first. The Store reserves the right to cancel Orders placed by Customers as part of the pre-order if the limit of a given product is exhausted.
- The Customer has the option to cancel the Order until the goods are prepared for shipment. It is not possible to reinstate a previously canceled order.
- In the event of cancellation of the Order by the Store or the Customer, the Customer will receive a refund for the purchased Goods within 14 days from the date of the change of the Order status to 'order canceled'. The refund will be made in the form of payment that the Customer used when placing the order.
- An order made as part of a pre-sale will be fulfilled within 2 to 6 weeks from the end of the pre-sale of a given product. The order fulfillment date is indicated in the description of the Product covered by the pre-sale and also in the e-mail confirming the acceptance of the order for fulfillment.
- The store reserves the right to change the order fulfillment date. The customer will be informed about the change in the delivery date via e-mail.
- For Orders placed as part of the pre-sale, to the extent not regulated by this chapter, the remaining provisions of the Store Regulations shall apply
V. WITHDRAWAL FROM THE CONTRACT
- The Buyer has the right to withdraw from the concluded contract in writing without giving a reason within fourteen days from the date of conclusion of the contract pursuant to the Act of 30 May 2014 (Journal of Laws 2014, item 827, as amended). In the event of a written withdrawal from the contract, the Customer is obliged to return the goods within fourteen days. The right referred to above also applies to a natural person
concluding a contract directly related to his/her business activity, when it results from the content of this contract that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity. - The declaration may be submitted in writing to the following address: SERUM, ul. Wielka 23/11, 61-775 Poznań, or in the form of an electronic message sent to contact@serumstudios.eu . The consumer may use the return form template. Using the template is not obligatory.
- In order to meet the deadline for withdrawal from the sales contract, it is sufficient to send a statement regarding the exercise of the right to withdraw from the sales contract before the deadline for withdrawal from the sales contract expires. In the above-mentioned case, the Customer is obliged to return the purchased goods immediately, no later than within 14 calendar days from the day on which he withdrew from the contract. The purchased goods are returned to the following address: SERUM, ul. Wielka 23/11, 61-775 Poznań. The Store returns the payments made by the Consumer immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the contract. The Store may withhold the refund until the product is received or the consumer provides proof of its return, depending on which event occurs first.
- In the event of withdrawal from the contract, the contract is considered not to have been concluded and the Customer is released from all obligations. If the return is made within the specified period, the Store guarantees a refund of the entire amount paid for the goods and shipping costs using the same method of payment that the Customer used, unless the Customer has expressly agreed to a different method of return that does not involve any costs for him.
- The Store is not obliged to refund the Customer any additional costs incurred by him, including shipping costs higher than the cheapest shipping option offered by the Store.
- The customer bears the direct costs of returning the goods, including shipping costs. The seller does not accept shipments returned at the recipient's expense.
- Returned products should be complete, free from signs of use and damage, and, if possible, the packaging and invoice should be included.
- The customer is liable for any reduction in the value of the goods resulting from their use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
VI. COMPLAINTS
- The products offered in the Store are brand new and original.
- The Store is liable to the Customer who is a consumer (and an entrepreneur with consumer rights) for the conformity of the goods with the contract based on the provisions of the Consumer Rights Act. The Store is liable to the Customer who is not a consumer under the warranty for defects based on the provisions of the Civil Code. The right referred to above also applies to a natural person concluding an agreement directly related to their business activity, when it results from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity.
- If the goods are not in accordance with the contract, the Customer who is a consumer may request its repair or replacement. The Store may make an exchange when the Consumer requests a repair or the Store may make a repair when the Consumer requests an exchange, if bringing the goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Store. If repair and replacement are impossible or would require excessive costs for the Store, it may refuse to bring the goods into conformity with the contract.
- The consumer may submit a declaration of a price reduction or withdrawal from the contract when the Store has refused to bring the goods into conformity with the contract; the lack of conformity of the goods with the contract persists despite the entrepreneur's attempts to bring the goods into conformity with the contract; or the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of replacement or repair.
- The above rights apply to defects that occurred within 2 years of the date of delivery of the product. It is not necessary to provide proof of purchase, but if the Customer has it, please attach it.
- In the case of goods finished with a print of crystals/plates/semi-pearls, the shop reserves the right to accept a complaint only if the goods were treated with special care:
- The Store shall repair or replace the goods within a reasonable time from the moment it is informed by the Consumer about the lack of conformity with the contract.
- Complaints can be submitted by returning the product together with the return form to the following address: SERUM, ul. Wielka 23/11, 61-775 Poznań. If possible, please attach proof of purchase to the product being complained about (e.g. a copy of the receipt or VAT invoice) and a description of the noticed defect together with the specification of the Customer's request provided for under the warranty.
- The customer will receive information on how the complaint will be handled within 14 days from the date the Store receives the letter containing the complained goods.
- If the complaint is accepted, the amount paid by the Customer will be refunded in full, together with the costs of delivering the product to the Customer and returning the defective product to the Store, which the Customer incurred. The refund will be made immediately, but no later than within 14 days using the same payment method that the Customer selected when paying, unless the Customer has clearly indicated another method of refund and if it is technically possible on the Store's side.
- If a warranty claim is rejected, the goods will be returned together with an opinion as to the invalidity of the claim.
VII. OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
The consumer has, among others, the following possibilities of using out-of-court methods of handling complaints and pursuing claims:
- The consumer is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement.
- The Consumer is entitled to contact the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings to amicably settle the dispute between the Consumer and the Seller.
- The Consumer may obtain free assistance in resolving a dispute between the Consumer and the Service Provider, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers).
- Detailed information on the possibility of using out-of-court complaint and claim settlement procedures by the Consumer and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following website: uokik.gov.pl
VIII. PERSONAL DATA PROTECTION
- Personal data is collected by the Store in accordance with the provisions of the Regulation 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 and the Act of 10 May 2018 on the protection of personal data. More information on this subject can be found in the "Privacy Policy" tab.
IX. SPECIAL PROVISIONS REGARDING AGREEMENTS CONCLUDED WITH ENTITIES THAT ARE NOT CONSUMERS
- This section of the Regulations contains special provisions applicable only to the sales contract to which the Customer who is not a Consumer is a party.
- In the case of a sales agreement concluded with a Customer who is not a Consumer, the Store as the seller has the unilateral right to withdraw from this sales agreement with immediate effect, without giving a reason, within 14 days from the date of its conclusion. To the extent permitted by law, all claims of a Customer who is not a Consumer against the Seller for withdrawal from the sales agreement are excluded.
- The consumer act does not apply to sales agreements indicated in paragraph 1 above. Furthermore, pursuant to art. 558 § 1 of the Civil Code, the Store's liability for the product under warranty is excluded towards a Customer who is not a Consumer.
- The provisions of the Regulations regarding Customers who are not Consumers may be changed at any time, pursuant to generally applicable provisions of law.
- Any disputes related to the sales agreement and the resulting legal relations between the Store and the Customer who is not a Consumer will be submitted to the court with local jurisdiction for the registered office of SERUM.
X. FINAL PROVISIONS
- The Polish law applies to the sales agreement for products in the Store. The agreement is concluded in Polish.
- The Store reserves the right to introduce and withdraw offers, promotions and to change the prices of products in the Store without prejudice to the rights acquired by the Customer, including in particular the terms of sales agreements concluded before the change was made.
- In matters not regulated by these Regulations, the provisions of generally applicable law shall apply, including in particular the provisions of the Civil Code, the Consumer Act and the Act of 18 July 2002 (Journal of Laws 2020.344, i.e. of 2020.03.03) on the provision of electronic services.
- These Regulations do not exclude or limit any rights of the Customer who is a Consumer, which are granted to him under mandatory provisions of law. In the event of a conflict between the provisions of these Regulations and mandatory provisions of law granting Consumers broader rights, these provisions shall prevail.
- SERUM reserves the right to change the provisions of these regulations for important reasons, in particular:
- The changes referred to in paragraph 2 do not bind Customers who placed an order before the changes in the following conditions were introduced, unless the changes result from mandatory provisions of law. The Customer will be notified of any changes to the regulations via e-mail, provided when placing the order.
- In the event of changes to the Regulations, the Store will inform Customers about the new content of the Regulations electronically (to the e-mail addresses indicated in the Customer Account or when placing orders) and by publishing the new Regulations on the Store's website, at least 14 days before the new Regulations come into effect. In the event of non-acceptance of the content of the new Regulations, the Customer has the right to terminate the agreement concluded with SERUM regarding the Customer Account at any time by submitting a declaration of intent regarding the deletion of the Customer Account.
- If any provision of these Regulations is changed or invalidated as a result of a final court decision, the remaining provisions shall remain in force and bind the parties.
We inform that all comments and suggestions from Customers are always welcome and desirable from the point of view of SERUM's policy, the main assumption of which is to act in the interest of the Store's Customers. In order to send comments and suggestions or when the Customer believes that his rights have been violated, please send information to the e-mail address: contact@serumstudios.eu.