Terms & Conditions

GENERAL PROVISIONS

The store obsceneelement.com operates under the terms of these Regulations.
The Regulations specify the terms and conditions for the conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Store obsceneelement.com, the rules for the provision of these services, the terms and conditions for the conclusion and termination of agreements for the provision of services electronically.
Each Service Recipient, from the moment of undertaking activities aimed at using the Electronic Services of the Store obsceneelement.com, is obliged to comply with the provisions of these Regulations.
In matters not covered by these Regulations, the regulations shall apply:
Law on the Provision of Electronic Services of July 18, 2002,
Law on Consumer Rights of May 30, 2014,
Law on extrajudicial resolution of consumer disputes of September 23, 2016,
Civil Code Act of April 23, 1964 and other relevant provisions of Polish law.

DEFINITIONS CONTAINED IN THE REGULATIONS

ORDER FORM – a form available on the website obsceneelement.com allowing to place an Order.
CUSTOMER – a Customer who intends to conclude or has concluded a Sales Agreement with the Seller.
CONSUMER – a natural person who makes a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
ENTERPRISE – a natural person, a legal person and an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
PRODUCT – a movable item available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
REGULATIONS – these regulations of the Store.
SHOP – Service Provider’s online store operating at obsceneelement.com.
SELLER, SERVICE PROVIDER – Sebastian Baciński acting under the business name “Sebastian Baciński” Mazurska 11A (03-015) Warsaw,
VAT no. (NIP): PL5242908817.
SALE AGREEMENT – Agreement for the sale of a Product concluded between the Customer and the Seller through the Store.
ORDER – the Customer’s statement of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
PRICE – the value expressed in monetary units, which the Customer is obliged to pay to the Seller for the Product.

INFORMATION ON PRODUCTS AND THEIR ORDERING

Store obsceneelement.com sells Products via the Internet.
Products offered in the Store are new, in accordance with the contract and have been legally introduced into the Polish market.
Products are handmade and may have minor flaws or differ in size from the values listed in the size chart.
The information on the Store’s website does not constitute an offer within the meaning of the law. The Customer, by placing an Order, makes an offer to buy a specific Product under the conditions stated in its description.
The price of the Product shown on the Store’s website is given in Polish zloty (PLN) and in Euro (EUR) and includes all components. The price does not include delivery costs.
Orders can be placed through the website using the Order Form (Shop obsceneelement.com) – 24 hours a day, all year round.
The condition for placing an Order in the Store by the Customer is to read the Terms and Conditions and accept their provisions at the time of placing the Order.

CONCLUSION OF THE SALES CONTRACT

In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order using the method made available by the Seller, in accordance with § 3 item 5 and 6 of the Regulations.
Once the Order is placed, the Seller shall, within 5 business days, confirm receipt of the Order.
Confirmation of receipt of the Order, referred to in Section 2 of this paragraph, binds the Customer to its Order. Confirmation of receipt of the Order is made by sending an e-mail message.
1. Confirmation of receipt of the Order includes:
2. Confirmation of all essential elements of the Order,
3. withdrawal form,
4. these Terms and Conditions, including instructions on the right to withdraw from the contract.
As soon as the Customer receives the e-mail message referred to in item 4 of this paragraph, a Sales Contract is concluded between the Customer and the Seller.
Each Sales Contract will be confirmed by a proof of purchase, which will be attached to the Product.

METHODS OF PAYMENT

The seller provides the following payment methods:
1. payment by traditional transfer to the Seller’s bank account,
2. payment through an electronic payment system.
In case of payment by traditional transfer, the payment should be made to the bank account number: 50 1140 2004 0000 3402 8061 3477 (Bank mBank S.A.). In the title of the transfer, please write “Order No. …”.
In the case of payment via an electronic payment system, the Customer shall make payment before the Order is processed. The electronic payment system allows you to pay by credit card or quick transfer from selected Polish banks.
The Customer is obliged to pay the price under the Sales Agreement within 1 business day from the date of its conclusion, unless the Sales Agreement provides otherwise.
The product will be shipped only after it has been paid for.

COST, TIMING AND DELIVERY METHODS OF THE PRODUCT

The delivery costs of the Product, which are covered by the Customer, are determined during the process of placing the Order.
The delivery time of the Product consists of the time of completion of the Product and the time of delivery of the Product by the carrier:
1. The completion time of the Products is 7 working days,
2. delivery of Products that are movable items by the carrier shall be made within the period declared by the carrier, i.e. 7 working days from the moment of shipment (delivery shall be made only on working days excluding Saturdays, Sundays and holidays).
Products purchased in the Store are exclusively on the territory of Poland via the Polish Post or courier company, i.e. Inpost.
It is possible to ship internationally after contacting by email: obscene.elmnt@gmail.com and arrange the shipping cost. Otherwise, the order may be canceled.

PRODUCT COMPLAINT

Complaint for non-conformity of the Product with the contract.
1. The basis and scope of the Seller’s liability to the Customer who is a Consumer for non-compliance of the Product with the contract are set forth in the Law on Consumer Rights of May 30, 2014,
2. The basis and scope of the Seller’s liability to the Customer, who is an Entrepreneur, under the warranty are set forth in the Civil Code Act of April 23, 1964,
3. The Seller is responsible to the Customer who is a Consumer for the lack of conformity of the Product with the contract existing at the time of delivery of the Product and disclosed within 2 years from that time, unless the expiration date of the Product specified by the Seller or persons acting on its behalf is longer,
4. Notification of the Product’s non-conformity with the contract and submission of the corresponding request can be made by e-mail to: obscene.elmnt@gmail.com.
5. in the above message in written or electronic form, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite consideration of the complaint by the Seller,
6. for the evaluation of irregularities and non-compliance of the Product with the contract, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his expense,
7. The Seller will respond to the Customer’s request immediately, but no later than within 14 days of the complaint,
8. in the case of a complaint from a Customer who is a Consumer – failure to consider the complaint within 14 days of its submission is tantamount to its acceptance,
9. In connection with a legitimate complaint of a Customer who is a Consumer, the Seller accordingly:
covers the cost of repair or replacement and redelivery of the Product to the Customer,
Reduces the price of the Product (the reduced price must remain in the proportion of the price of the goods in conformity with the contract to the goods not in conformity with the contract) and returns to the Consumer the value of the reduced price no later than within 14 days of receipt of the statement of price reduction from the Consumer,
in the case of withdrawal from the contract by the Consumer – the Seller shall return to him the price of the Product no later than within 14 days from the date of receipt of the returned goods or proof of their return. In case of withdrawal from the contract, the Consumer is obliged to immediately return the goods to the Seller at his expense,
1. The answer to the complaint is provided on paper or other durable medium, i.e., an email message

RIGHT OF WITHDRAWAL

Subject to point 10 of this paragraph, a Customer who is also a Consumer who has entered into a remote contract may withdraw from it without giving reasons by making a statement to that effect within 14 days.
In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer is obliged to return the Product to the Seller or give it to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration.
In case of withdrawal from the Sales Agreement, the Product should be returned to the address: Mazurska 11A (03-015) Warsaw
The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller has not informed the Consumer or the entity referred to in § 10 about the manner and timing of exercising the right of withdrawal and has not provided the Consumer with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer should handle and inspect the Products only in the same way as he or she could do in a stationary store.
Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product without covering the cost of its delivery using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him. Subject to point 7 of this paragraph, the refund will be made immediately, and at the latest within 14 days from the receipt by the Seller of the statement of withdrawal from the Sales Agreement.
If the Consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Store, the Seller is not obliged to reimburse him, the additional costs incurred by him.
If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the refund of the payment received from the Consumer until he receives the item back or provides proof of its return, whichever event occurs first.
A Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall bear only the cost of returning the Product to the Seller.
The fourteen-day period within which the Consumer may withdraw from the contract is counted for the contract in the performance of which the Seller issues the Product being obliged to transfer its ownership – from the day on which the Consumer (or a third person other than the carrier indicated by him) took possession of the Product.
The right of withdrawal from a contract concluded at a distance does not apply to the Consumer in the case of a Sales Agreement, among other things, in which the subject of performance is a non-refabricated product, produced to the Consumer’s specifications or serving to meet his individualized needs.
The right of withdrawal from the Sales Agreement is granted to both the Seller and the Customer, in case of failure of the other party to the agreement to perform its obligation within a strictly defined period.

TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider allows through the Store to use the Electronic Service, which is the conclusion of Sales Contracts for the Product.
Provision of the Electronic Service to Service Recipients in the Store is carried out under the terms and conditions specified in the Regulations.
The Service Provider has the right to post advertising content on the Store’s website. This content, is an integral part of the Store and the materials presented therein.

TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

Provision of the Electronic Service specified in § 9.1 of the Regulations by the Service Provider is free of charge.
The contract for the provision of Electronic Services consisting of the possibility of placing an Order in the Store is concluded for a definite period of time and is terminated when the Order is placed or when the Customer ceases to place it.
Technical requirements necessary for cooperation with the information and communication system used by the Service Provider:
1. A computer (or mobile device) with Internet access,
2. email access,
3. web browser,
4. Enabling Cookies and Javascript in your web browser.
The Customer is obliged to use the Store in a manner consistent with the law and good morals with a view to respecting the personal rights and intellectual property rights of third parties.
The recipient is obliged to enter data in accordance with the facts.
The recipient is prohibited from providing unlawful content.

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

Complaints related to the provision of Electronic Services through the Store may be submitted by the Customer via e-mail to the following address: obscene.elmnt@gmail.com.
In the above e-mail message, please provide as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Service Provider.
Processing of complaints by the Service Provider shall be carried out immediately, no later than within 14 days from the date of notification.
The Service Provider’s response to the complaint is sent to the Client’s e-mail address provided in the complaint or by any other means provided by the Client

FINAL PROVISIONS

Contracts concluded through the Store are concluded in accordance with Polish law.
In the event that any part of the Regulations is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
Any disputes arising from Sales Contracts between the Store and Consumers will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent common court, in accordance with paragraph 4 of this section.
Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure, a request for mediation or a request for consideration of the case by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Consumer Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596 . A consumer may also use the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.
In order to resolve a dispute amicably, a consumer may, in particular, file a complaint through the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.