Art. 1. [Basic Information]

  1. This regulation constitutes the terms of providing electronic services via the website: minellestudio.pl (hereinafter referred to as the “Website”).
  2. The owner and provider of electronic services via the Website is: Magdalena Biesok, founder of the Minelle Studio website and shop, operating an unregistered business (hereinafter referred to as the “Service Provider”).
  3. You can contact the Service Provider via email: magda@minellestudio.pl
  4. This regulation was adopted on 01.10.2024.
  5. The Service Provider reserves the right to change these Terms and Conditions.

Art. 2. [Types and Scope of Services Provided]

  1. The Website contains basic information about the Service Provider’s activities: an author blog on digital organization and planning methods, and an online store.
  2. Through the Website, the Service Provider provides both paid and free services:
    1. in the online store: sale of digital content in the form of the Service Provider’s original publications; sale of time-limited and renewable access to the Service Provider’s digital content;
      account creation;
    2. subscription to a newsletter with commercial information (promotions, special offers);
    3. posting comments.
  3. Paid services are clearly marked so there is no doubt that their use requires payment.

Art. 3. [Technical Conditions for Using the Services]

  1. To properly use the Website, you should have:
    1. a device (PC, tablet, smartphone) with internet connection,
    2. a web browser,
    3. full legal capacity to perform legal actions to make purchases on the Website,
    4. an email address to make purchases or subscribe to the newsletter.
  2. The Website prohibits posting illegal content.

Art. 4 [Online Store]

  1. Placing Orders:
    1. Orders can only be placed after creating a user account.
    2. Successful order placement requires providing data specified in the order form. The data must be truthful and up to date.
    3. A sales agreement is concluded after you provide mandatory data, click “Buy and Pay,” make the payment (excluding cash on delivery), and receive an email confirmation of the order from the Service Provider.
    4. The Service Provider will fulfill the order after payment confirmation. The payment deadline is 3 days, after which the order is automatically canceled.
    5. Orders for individual publications are fulfilled immediately after payment is credited to the Service Provider’s bank account.
    6. The Service Provider fulfills orders by granting access to the purchased publication on the user’s account.
    7. Access to publications on the account may be time-limited under subscription conditions sold by the Service Provider.
  1. Payments:
    1. The Service Provider enables payment: (1) via an online payment operator or (2) bank transfer to the Service Provider’s account;
    2. Payment is considered made once funds are received in the Service Provider’s account or credited by the payment operator’s system.
  2. Delivery/Receipt of Goods:
    1. The Service Provider sells digital content stored in popular formats.
    2. Purchased content is made available to each user on their individual user account.
    3. If you have issues with received publications (e.g., file won’t open), contact the Service Provider.
  3. Other Information:
    • Prices listed on the Website are gross prices.
    • The Service Provider reserves the right to refuse to fulfill orders if, in particular:
      • (a) false data was provided preventing delivery of the ordered publication;
      • (b) payment was not made within the deadline.

Art. 5 [Consumer Rights]

  1. Articles 5–7 below apply to consumers and entities exercising consumer rights under the Civil Code.
  2. The Service Provider is liable under warranty according to Civil Code provisions to persons and entities other than those mentioned above.
  3. A consumer is defined as a natural person performing a legal act with an entrepreneur unrelated directly to their business or profession. Consumer rights may also apply to a natural person running a business if the contract’s content indicates it is not professional in nature related to that business activity.
  4. The legal basis for consumer rights is the Consumer Rights Act. Provisions less favorable to consumers than the Act are void and replaced by the Act’s provisions.

Art. 6 [Consumer Right of Withdrawal]

  1. Every consumer has the right to withdraw from the contract without giving a reason. Note! This right does NOT apply to purchases of digital content not on a tangible medium or services if performance began with the consumer’s explicit consent before the withdrawal period expired.
  2. To exercise withdrawal, you must send a statement of intent. You can use the withdrawal form at the bottom of the Terms but it is not mandatory. A simple email or letter including your name, address, product/service details, and statement of withdrawal is sufficient.
  3. The 14-day period is met if you send the statement before the period expires.
  4. Upon withdrawal from a distance contract, the contract is considered void, and the Service Provider must refund all payments made, while you must return the goods.
  5. Refunds will be made within 14 days of receiving the withdrawal statement, including shipping costs up to the cheapest delivery option offered by the Service Provider. If you chose a more expensive delivery method, extra costs won’t be refunded.
  6. Refunds will be made by the same payment method unless you request otherwise.
  7. Goods should be returned within 14 days of withdrawal. The deadline is met if goods are sent before it expires.
  8. You bear the direct cost of returning the goods.
  9. You are responsible for any reduced value of goods due to use beyond what is necessary to establish their nature and functionality.

Art. 7 [Consumer Rights Regarding Non-Conformity with the Contract]

  1. The Service Provider is responsible for non-conformity existing at delivery and revealed within two years, unless a longer expiry period is set. It is presumed non-conformity revealed within two years existed at delivery unless proven otherwise or inconsistent with the product’s nature.
  2. For digital goods or services delivered continuously, the period is no shorter than two years from delivery.
  3. For digital goods or services delivered once or in parts, the liability is for two years, presumed to exist if non-conformity appears within one year.
  4. The above presumptions don’t apply if:
    1. the consumer’s digital environment is incompatible with technical requirements clearly explained before the contract;
    2. the consumer, informed about cooperation obligations to verify incompatibility, fails to cooperate reasonably.
  5. Consumers can demand repair or replacement of non-conforming goods.
  6. The Service Provider may replace if repair requested, or repair if replacement requested, if one is impossible or excessively costly.
  7. If repair and replacement are impossible or costly, the Service Provider may refuse to bring goods to conformity.
  8. Consumers may also request a price reduction or withdraw if:
    1. the Service Provider refused or failed to bring goods to conformity;
    2. the non-conformity persists after attempts;
    3. the defect is significant enough to justify immediate withdrawal or reduction;
    4. it is clear the Service Provider won’t fix the defect in reasonable time.
      Withdrawal is not allowed if non-conformity is insignificant, presumed significant otherwise.
  9. For digital content or services, consumers may demand bringing them into conformity or refuse if costs or impossibility apply.
  10. Similar conditions for price reduction or withdrawal apply.
  11. Withdrawal not allowed if the defect is insignificant; presumed significant otherwise.

Art. 8 [Complaint Procedure]

  1. Anyone using the Website, especially customers or service users, has the right to file complaints.
  2. Complaints or comments can be sent to: magda@minellestudio.pl
  3. For complaints about non-conformity or warranty claims, provide:
    1. contact data (name, email, phone, address),
    2. order or product data to identify the transaction,
    3. reason for complaint, and photos if physical defects,
    4. your demands.
    5. For other complaints, provide:
    6. contact data (name, email),
    7. description of the complaint reason,
    8. your demands, suggestions, and conclusions.
  4. The Service Provider will respond within 14 days by email.
  5. Special provisions for consumers:
    1. The Service Provider shall carry out the repair or replacement within a reasonable time from the moment the Service Provider was informed by the consumer about the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer acquired them. The costs of the repair or replacement, including in particular postal charges, transportation, labor, and materials, shall be borne by the Service Provider.
    2. The consumer shall make the goods subject to repair or replacement available to the Service Provider. The Service Provider shall collect the goods from the consumer at its own cost.
    3. If the goods were installed before the non-conformity with the contract was discovered, the Service Provider shall dismantle the goods and reinstall them after the repair or replacement has been made, or shall commission these actions at its own cost.
    4. The reduced price must remain in such proportion to the price stipulated in the contract as the value of the non-conforming goods remains to the value of conforming goods.
    5. The Service Provider shall refund the amounts due to the consumer as a result of exercising the right to a price reduction without delay, no later than within 14 days from the date of receiving the consumer’s statement regarding the price reduction.
    6. In the event of withdrawal from the contract, the consumer shall return the goods to the Service Provider without delay, at the Service Provider’s cost. The entrepreneur shall refund the price to the consumer without delay, no later than within 14 days from the date of receiving the goods or proof of their return.
    7. The Service Provider shall refund the price using the same method of payment as used by the consumer, unless the consumer has explicitly agreed to a different method of refund that does not incur any costs for them.

Art. 9 [User Account]

  1. The User may create an account on the Website. This service is free of charge.
  2. Having an active account is a condition for making purchases on the Website.
  3. An account is created via a dedicated registration form.
  4. Access to the account is gained by entering the login and password established by the User. The password should be kept confidential by the User.
  5. The account may be deleted by the User at any time.

Art. 10 [Newsletter]

  1. The newsletter subscription service is free of charge. It consists of the Service Provider sending commercial information about promotions and special offers to the User. By subscribing to the newsletter, you consent to receiving commercial information from the Service Provider to the email address you provided.
  2. You may unsubscribe from the newsletter at any time by using the unsubscribe link included in the newsletter message or by contacting the Service Provider.

Art. 11 [Comments]

  1. You may post comments on the Website.
  2. The Service Provider reserves the right to delete comments without providing a reason.

Art. 12 [Dispute Resolution]

  1. By accepting these Terms and Conditions, you agree that in the event of a dispute, we will attempt to resolve it together and amicably. The time for conducting such negotiations shall be 3 months from the date on which the claim is submitted by either you or me. If we do not reach a resolution within this time, either party may submit the dispute to a common court.
  2. If services are provided to a consumer residing in a country other than Poland, we agree that Polish law will apply. This agreement does not deprive you of the protection afforded to you by provisions that cannot be excluded by contract under the law applicable in your country of residence.
  3. I agree to out-of-court dispute resolution. If you wish to file a complaint against me, you may do so electronically at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

Art. 13 [Personal Data Protection]

  1. The Service Provider is the data controller within the meaning of personal data protection regulations (GDPR and others). Information about the principles of data processing by the Service Provider is contained in the Privacy Policy available at: https://minellestudio.pl/privacy-policy/

Art. 14 [Model Withdrawal Form]

MODEL WITHDRAWAL FORM

(This form should be completed and returned only if you wish to withdraw from the contract)

  • Addressee: …* (please enter your details here)
  • I/We() hereby give notice of my/our() withdrawal from the contract of sale of the following goods() / for the supply of the following goods() / for the provision of the following service(*)
  • Date of contract conclusion() / receipt()
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted on paper):
  • Date:

(*) Delete as appropriate.