shop.supersuper.pl

These Terms and Conditions shall determine the rules for the use of the website available at: https://shop.supersuper.pl(hereinafter referred to as: Website), including the rights and obligations of the Seller and the Customer, related to making offers to conclude a distance sales agreement for the Seller’s products presented on https://shop.supersuper.pl and concluding distance sales agreements for these products.

1. GENERAL INFORMATION
2. The owner of the Website is Hanna Kokczyńska, conducting business under the name SUPERSUPER Hanna Kokczyńska, with registered office in Warsaw, ul. Puławska 24 lok. 4, 02-512 Warszawa, registered in the Central Registration and Information on Business Activity under VAT ID (NIP): 5211238853, e-mail: shop@supersuper.pl telephone: +48 602134516 (calling is possible on business days at 10AM-5PM CET). 
3. Product information, price lists and product photos presented on the Site do not constitute an offer, but an invitation to conclude a distance sales agreement. 
4. The technical requirements necessary for cooperation with the computer system used by the Seller are:  (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) a web browser: Mozilla Firefox version 50.0 or higher, Internet Explorer version 11.0 or higher, Opera version 35.0 or higher, Google Chrome version 48.0. or higher, Safari version 10.0 or higher; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in your web browser.
5. The Customer is obliged to use the Site in a manner consistent with the law and good morals, taking into account respect for personal rights and copyrights and intellectual property of the Seller and third parties.
6. The customer is obliged to familiarize himself with the Terms and Conditions and comply with their provisions.

II. DEFINITIONS

1. Seller – Hanna Kokczyńska, conducting business under the name SUPERSUPER Hanna Kokczyńska, with registered office in Warsaw, ul. Puławska 24 lok. 4, 02-512 Warszawa, registered in the Central Registration and Information on Business Activity under VAT ID (NIP): 5211238853
2. Customer – a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity, or a legal person or an organizational unit without legal personality, which is granted legal capacity by law – who has concluded or intends to conclude an agreement with the Seller through the Website;
3. Consumer – a natural person with full legal capacity or an entrepreneur, being a natural person, who has concluded or intends to conclude an agreement with the Seller related to his business activity, when the nature of the agreement indicates that it is not of a professional nature for him,
4. Product – a movable item marked on the Site, which is the subject of the Agreement;
5. Form – an interactive form available on the Site, which allows you to select and indicate Products for which an offer is to be made and indicate an email address to contact the Seller in order to conclude an agreement.
6. Order – the Customer’s declaration of intent equivalent to submitting to the Seller an offer to conclude an agreement for remote sale of the indicated Products, made by completing and sending by clicking the “send” button the order form with indication of one’s e-mail address and the Product or Products, aiming directly at concluding an Agreement with the Seller,
7. Order Confirmation – the Seller’s statement of acceptance of the offer, made by sending an email message to the email address indicated in the order form by the Customer, 
8. Order Cancellation – the Seller’s statement of refusal to accept the offer, made by sending an e-mail message to the e-mail address indicated in the order form by the Customer with an indication of the reason for cancellation;
9. Sales agreement – an agreement for the sale of a Product, the parties to which are the Customer and the Seller, concluded at a distance when the Seller makes a statement in the form of an order confirmation.

III. PLACING AN ORDER

1. The Website allows the customer to use the Form;
2. The Customer may use the Form free of charge. 
3. The Form Service is a one-time service and terminates either when the Form is sent or when the Customer discontinues use of the Form in advance.
4. Submitting the Form is equivalent to placing an Order and is submitted by clicking the “Order with obligation to pay” button, by clicking the Customer is confirming his obligation to pay the price.
5. Using the Form to place an Order requires selecting at least one Product from the catalog available on the Website by clicking the “BUY” button, filling in the fields of the Form with information about the selected Product and the Customer’s data enabling Seller to proceed the order and issue an invoice, i.e. name and surname, shipping details, current and working e-mail address, and accepting the Terms and Conditions. 
6. An Order is submitted properly once all the fields of the Form are filled with correct data enabling shipping and issuing an invoice. Placing an Order does not constitute the conclusion of a remote sales agreement. 
7. After placing an order, the Seller immediately sends the Customer information about accepting the order for processing (acceptance of the offer). The contract is concluded when the Seller sends the Customer information about accepting the order. The Seller reserves the right to carry out technical interruptions of the Site, which may result in the temporary unavailability of the Form or other elements of the Site.
8. The Seller reserves the right to cancel the Order, if the Customer does not pay for the Order within 5 business days. The Seller will then send the Customer a declaration of cancellation of the Order to the e-mail address provided by him.
9. The Customer is entitled to cancel the Order only before its shipment. The Customer should send the declaration of order cancellation to the Seller at the following e-mail address: merch@supersuper.pl.

IV. ORDER EXECUTION

1. Upon receipt of the Preorder, the Seller shall immediately send to the Customer at the e-mail address indicated by the Customer a statement of Confirmation of the Order or Cancellation of the Order in case of inability to execute it.   
2. The agreement is concluded when the Seller sends the Order Confirmation statement to the Customer. 
3. Product prices indicated on the Website are in Polish zloty (PLN) and include taxes. The customer is informed about the available methods and costs of the selected method of delivery and other costs when placing an order in the Form before concluding the Agreement.
4. The condition for the execution of the order is the correct placement of the order by the Customer, the transmission by the Customer of information about the selected method of delivery and the address for shipping of the order, as well as the payment of the order.
5. Payment of the order is made by the Customer by wire transfer to the Seller’s bank account on the basis of the information provided by the Seller. The deadline to pay for an order is five working days. 
6. An invoice will be sent to the customer at the e-mail address specified by the customer upon the payment. 
7. The order will be delivered within a maximum of 31 days. The execution of the order is subject to change for reasons not attributable to the Seller.
8. The execution period shall be counted from the date of crediting the payment to the Seller’s bank account.

V. DELIVERY

• Delivery of the Product is possible on the territory of the Republic of Poland, as well as on the territory of the European Union.The seller allows the following forms of delivery:
  • courier delivery;  
  Delivery of the Product is chargeable, the Customer is informed about the cost of delivery (including delivery charges and postal services) during the placement of the Order in the Order Form.

• Completed orders are shipped at the end of each month. Delivery date of the Product depends on the delivery method and carrier selected by the Customer and is usually from 3 to 5 business days. 

VI. PRODUCT’S NON-CONFORMITY WITH THE AGREEMENT

• • The Seller shall be liable to the Customer for the lack of compliance of the Product with the Sales Agreement. 
  • The Seller agrees to deliver to the Consumer the Product in accordance with the Agreement.
  • The Consumer may file a complaint if the Product does not comply with the Agreement.  The Consumer may request repair or replacement of the defective Product.
  • If it becomes necessary to deliver the claimed goods to the Seller in order to consider the complaint, the buyer is obliged to deliver these goods at the Seller’s expense, to Super Super Studio ul. Czerska 8/10, 00-732 Warszawa, Poland.
  • If bringing the goods into conformity with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller, the Seller may make a replacement when the Consumer demands repair or make a repair when the demand included replacement. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the agreement. 
  • In assessing the excessiveness of the costs for the Seller, all the circumstances of the case shall be taken into account, in particular the importance of the non-conformity of the goods with the agreement, the value of the goods in conformity with the agreement and the excessive inconvenience to the consumer caused by the change in the manner of bringing the goods into conformity with the agreement. 
  • The Seller shall repair or replace within a reasonable time from the moment the Seller is informed by the Customer of the lack of conformity with the agreement, and without undue inconvenience to the Customer, taking into account the specifics of the Product and the purpose for which the Consumer purchased it. The cost of repair or replacement, including, in particular, postage, freight, labor and materials, shall be borne by the Seller. 
  • If the Product is not in accordance with the agreement, the Customer may make a statement of price reduction or withdrawal from the agreement when: 

1) The Seller refused to bring the product into conformity with the agreement in accordance with Section 43d(2) of the Consumer Rights Act; 

2) The Seller failed to bring the product into conformity with the agreement in accordance with Section 43d(4)-(6) of the Consumer Rights Act; 

3) the lack of conformity of the product with the agreement continues, even though the Seller has tried to bring the goods into conformity with the agreement; 

4)  the product’s non-conformity with the agreement is significant enough to justify either a price reduction or withdrawal from the agreement without first resorting to the safeguards set forth in Section 43d of the Consumer Rights Act; 

5)  it is clear from the Seller’s statement or circumstances that the Seller will not bring the product into conformity with the agreement within a reasonable time or without undue inconvenience to the Consumer. 

The reduced price must remain in such proportion to the price under the agreement as the value of the non-conforming Product remains to the value of the conforming goods. 

• The Seller shall refund to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer’s statement on price reduction. 
  • The Consumer may not withdraw from the agreement if the Product’s non-conformity with the agreement is immaterial. 
  • If the lack of conformity with the agreement applies only to certain Products delivered under the agreement, the Consumer may withdraw from the agreement only with respect to those Products, as well as with respect to other Products purchased by the Consumer together with the non-conforming goods, if the Consumer cannot reasonably be expected to agree to keep only the conforming goods. 
  • In the event of withdrawal from the agreement, the Consumer shall immediately return the Product to the Seller at his expense. The Seller shall return the price to the Consumer immediately, no later than within 14 days of receipt of the goods or proof of their return. 
  • The Seller shall refund the price using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for him. 
  • The Consumer may refrain from paying the price until the Seller performs their obligations under Section 43d and 43e of the Consumer Rights Act.
  • If the Consumer makes any of the statements referred to above, and the Seller does not respond to the statement within 14 days of its receipt, it is considered that the Seller has recognized the Consumer’s complaint. 
  • If the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things:
    •  Mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which mediation should be requested. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/ important_addresses.php#faq595.
    • Assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
    • Free assistance from the city or county consumer ombudsman.
    • ODR’s online platform available at: http://ec.europa.eu/consumers/odr/.

VII. RIGHT OF WITHDRAWAL

1. The Consumer may, within 14 calendar days from the conclusion of the agreement, withdraw from the Agreement without stating a reason. In order to observe the deadline for withdrawal from the agreement, it is sufficient for the Consumer to send information on the exercise of their right of withdrawal from the agreement before the end of the withdrawal period.
2. The period for withdrawal from the agreement expires after 14 days from the date on which:
   1. the Consumer has taken possession of the goods or in which a third party other than the carrier and designated by the Consumer has taken possession of the goods.
   1. the Consumer has taken possession of the last of the items or in which a third party, other than the carrier and designated by the Consumer, has taken possession of the last of the items in the case of an agreement that requires the transfer of ownership of multiple items that are delivered separately.
3. In order for the Consumer to exercise their right of withdrawal from the agreement, they must inform the Seller, using the data provided in § I section 1 of the Terms and Conditions, of their decision to withdraw from the agreement by an unequivocal statement (for example, a letter sent by mail or information transmitted by e-mail). The Consumer may use the model withdrawal form located at the end of the Terms and Conditions, but this is not mandatory.
4. In the event of withdrawal from the concluded agreement, the Seller shall return to the Consumer all payments received therefrom, including the costs of delivery of the goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the Consumer’s decision to exercise the right of withdrawal from the agreement.
5. The Seller will return the payment using the same means of payment that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in any case the Consumer will not incur any fees in connection with the return. If there is a need for a refund for a transaction made by a Customer with a payment card, the Seller will make the refund to the bank account assigned to the Buyer’s payment card. The Seller may withhold refund until it receives the goods or until it is provided with proof of their return, whichever event occurs first.
6. The Seller asks to return the goods to the address: Super Super Studio ul. Czerska 8/10, 00-732 Warszawa, Poland immediately, and in any case no later than 14 days from the date on which the Consumer informed the Seller about withdrawal from the sales agreement. The deadline is met if the Consumer sends back the goods before the expiration of the 14-day period.
7. The Consumer shall be liable only for the reduction in value of the item resulting from the use of the item other than necessary to ascertain the nature, characteristics and functioning of the item.
8. If the goods, due to their nature, cannot be sent back in the usual way by mail, the Consumer will also have to pay the direct costs of returning the goods. The Consumer will be informed of the estimated amount of these costs by the Seller in the description of the Product on the Site.
9. The right of withdrawal from a distance agreement does not apply to the Consumer with respect to the agreement of which:
   1. the object of the service is a non-prefabricated item, produced to the Consumer’s specifications or serving to meet his individualized needs.
   1.  the object of the service is an item that is perishable or has a short shelf life.
   1. the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery.
   1. the object of service are items that, after delivery, by their nature, become inseparable from other items.
   1. the object of the service is sound or visual recordings or software delivered in sealed packaging, if the packaging was opened after delivery.
   1. price or remuneration for the Product depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiration of the deadline for withdrawal from the agreement.
10. The right of withdrawal from a distance agreement does not apply to an entity other than a Consumer.

VIII. PROVISIONS FOR ENTREPRENEURS

1. Pursuant to Section 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product is excluded with respect to the Customer who is not a Consumer. The Customer is also not entitled to rights under the Consumer Rights Act for non-compliance of the product with the agreement.

IX. PROTECTION OF PERSONAL DATA

1. Use of the Website is subject to consent to the Controller’s storage and processing of Personal Data contained in the Forms submitted by the User, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC. 
2. The controller of Personal Data processed in connection with the execution of the provisions of these Terms and Conditions is Hanna Kokczyńska, conducting business under the name SUPERSUPER Hanna Kokczyńska, with its registered office in Warsaw, ul. Puławska 24 lok. 4, 02-512 Warszawa, registered in the Central Registration and Information on Business Activity under VAT ID (NIP): 5211238853. Personal Data is processed for the purposes, to the extent and based on the principles indicated in the Privacy Policy published on the Website at: https://shop.supersuper.pl/privacy-policy.
3. Personal Data is processed with the Customer’s voluntary consent, expressed by selecting the appropriate box with acceptance in the registration form.
4. Personal Data entrusted to the Administrator is used exclusively: 
   1. in order to enable the User to use the Website, and in particular to register a Customer Account, purchase subscriptions, receive content published on the Website, when it is necessary to take other actions, including, in order to effectively confirm the conclusion of the agreement by the Seller and the Customer.   
   1. when it is necessary for the exercise of an entitlement or fulfillment of an obligation under the law;
   1. when it is necessary for the performance of legally defined tasks carried out for the public good;
   1. when it is necessary for the fulfillment of the legitimate purposes pursued by the controllers or recipients of the data, and the processing does not violate the rights and freedoms of the data subject.
5. Personal Data entrusted to the Controller may also be processed for marketing purposes, provided that the Client agrees to this in a separate statement.
6. Customers have the right to access their data and to supplement, update, rectify, temporarily or permanently suspend permission to process them or request their deletion if they are incomplete, outdated, untrue or have been collected in violation of the law or are no longer necessary for the execution of the purpose for which they were collected, and the right to object to the processing of personal data for marketing purposes.

X. AMENDMENT TO THE TERMS AND CONDITIONS

1. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws; changes in payment and delivery methods – to the extent that these changes affect the execution of the provisions of these Terms and Conditions.
2. In the case of Consumers, the Service informs them of changes to the Terms and Conditions each time by email, provided it has a current email address.

XI. FINAL REGULATIONS

1. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Consumer Rights Act of May 30, 2014. (JoL.2020.287 as amended) and other relevant provisions of generally applicable law.
2. The competent court to resolve disputes arising in connection with the use of the Website and agreements concluded through it by a non-consumer entrepreneur shall be the court with jurisdiction over the Seller’s registered office.
3. Use of the Website is subject to acceptance of these Terms and Conditions. This acceptance is done by selecting the appropriate field of the Order Form.
4. These Terms and Conditions shall enter into force on the date of their posting on the website and shall be valid for an indefinite period of time.