Terms of Use - Historical Style Clothes

§ 1 General Provisions

The online service Store Made of Sentiments, operating at https://madeofsentiments.com (hereinafter: Service), is managed by: The Entrepreneurship Development Foundation “Twój StartUp,” located in Warsaw at ul. Żurawia 6/12, room 766, 00-503 Warsaw, delivery address: Atlas Tower, Al. Jerozolimskie 123a, 18th floor, 02-017 Warsaw. Registered in the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Department of the National Court Register under the KRS number 0000442857, Tax Identification Number (NIP): 521-364-12-11, National Business Registry Number (REGON): 146433467, Business Identification Number (BDO): 000460502.
The provisions of the Regulations concern actions performed on behalf of the Entrepreneurship Development Foundation “Twój StartUp” by the organized part of the business named Ewa Mysłek Made of Sentiments, operating at the Branch of the Entrepreneurship Development Foundation “Twój StartUp,” represented by Ewa Mysłek (e-mail: myslek.eve@gmail.com; phone number: 502521714). The person indicated in this paragraph is appointed by the Entrepreneurship Development Foundation “Your StartUp” for contact when implementing the provisions of the Regulations.
The Regulations specify, in particular:
1. rules for using the Service;
1. conditions for placing orders for Products available on the Service;
1. time and conditions for order fulfillment;
1. conditions and forms of payment;
1. the Customer’s right to withdraw from the contract;
1. rules for submitting and handling complaints;
1. special rights of the Customer who is a consumer.
StartUp sells and provides Services through the Service, using means of distance communication. Agreements concluded by the Customer with StartUp through the Service are distance contracts within the meaning of the Act of May 30, 2014, on consumer rights.
The Customer is entitled and obligated to use the Service in accordance with its purpose, as well as the principles of social coexistence and good manners.
Browsing the Service does not require registration, and placing orders for Products by the Customer does not require registering an account.
The Regulations are available free of charge on the Service in a form that allows for obtaining, reproducing, and storing it.
The Customer is obliged to familiarize themselves with the content of the Regulations. The use of the Service is possible only after familiarizing oneself with and accepting the Regulations.
The Customer must have full legal capacity.
Terms used in the Regulations mean:
1. StartUp – The Entrepreneurship Development Foundation “Twój StartUp” with its registered office in Warsaw, ul. Żurawia 6/12, room 766, 00-503 Warsaw;
1. Customer – a person using the Service, purchasing Goods or Services provided by StartUp through the Service;
1. Consumer – a natural person entering into a legal transaction with an entrepreneur not directly related to its business or professional activity;
1. Services – services provided by StartUp, offered to Customers through the Service, excluding Digital Services;
1. Digital Service – a digital service within the meaning of art. 2 point 5a of the Act of May 30, 2014, on consumer rights, provided by StartUp, offered to Customers through the Service;
1. Goods – movable items sold by StartUp to Customers through the Service;
1. Products – Goods, Services, or Digital Services;
1. Service – the website at https://madeofsentiments.com through which StartUp provides electronic services to the Customer and offers Customers Products, enabling the conclusion of agreements;
1. Agreement – an agreement concluded between StartUp and the Customer through the Service;
1. Account – the Customer’s individual account on the Service, allowing them to use Services and Digital Services and conclude Agreements after logging in;
1. business days – all days excluding Saturdays, Sundays, and statutory holidays;
1. Regulations – these regulations.
In the event of reasonable suspicion that the Customer has provided false information, StartUp has the right to withdraw from the execution of the Agreement, notifying the Customer accordingly.
In the case of the Customer providing incorrect or inaccurate information, including incorrect or inaccurate addresses, StartUp is not responsible for non-delivery or delays in delivering the Goods or non-performance of the Service or Digital Service, to the widest extent permissible by law.
Information contained on the Service, including announcements, advertisements, and price lists, does not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964. The information on the Service is an invitation to conclude an Agreement, as described in Article 71 of the Civil Code.
StartUp is obligated to provide the Consumer Customer with clear and visible information, directly before placing an order, particularly about:
1. the main features of the service, including the subject of the service and the method of communication with the Customer,
1. the total price or remuneration for the service, including taxes, and when the nature of the service does not allow, reasonably estimating, in advance, the method by which they will be calculated, as well as fees for transport, delivery, postal services, and other costs, and when the amount of these fees cannot be determined – the obligation to pay them;
1. the right to withdraw from the contract or the lack of such right,
1. the duration of the contract or the manner and conditions for terminating the contract – if the contract is concluded for an indefinite period or if it is to be automatically renewed;
1. the minimum duration of the Customer’s obligations arising from the contract.
If StartUp anticipates the possibility of accepting individual (custom) orders from Customers, such orders may be placed by Customers through the email address provided by StartUp on the Service. In such a case, StartUp provides a valuation and sends it to the email address specified by the Customer.
The lead time for individual (custom) orders is 30 days from the conclusion of the Agreement, unless StartUp informs the Customer, no later than before placing the order, of a different deadline.
The Service caters to Customers worldwide unless StartUp’s offer on the Service contains different provisions.

§ 2 Technical Requirements Necessary for Using the Service

To browse the Service, the following is necessary:
1. an end device with access to the Internet,
1. an internet browser enabling the acceptance of cookies; for example, Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, or Safari in the current version,
1. acceptance of necessary cookies.
To use the functionalities of the Service, especially for registration on the Service or placing orders for Products, an active email account (e-mail) is necessary.
The Service uses cookies to correctly provide the Services and ensure security. Blocking cookies, as well as using external applications to block them, may result in the incorrect operation of the Service and prevent the proper provision of the Service, for which StartUp is not responsible.

§ 3 Sale of Goods – Terms and Order Fulfillment Time

StartUp, through the Service, enters into sales agreements with Customers. Based on the sales agreement, StartUp undertakes to transfer ownership of the Goods to the Customer and deliver the Goods, and the Customer undertakes to accept the Goods and pay StartUp the price.
To place an order, the Customer selects the Goods of interest by using the “Add to Cart” command or other equivalent phrase found on the product page. The Customer then provides details, such as delivery method and payment.
The shopping cart offers the Customer the possibility to:
1. add and remove Goods and adjust quantities,
1. provide the delivery address and necessary data for invoicing,
1. choose the delivery method,
1. choose the payment method,
1. add a discount code (if applicable).
The Customer places an order by confirming it, selecting the “Order with an obligation to pay” button or another equivalent phrase.
Placing and confirming the order obligates the Customer to pay the price of the Goods and delivery costs. Confirmation of the order by StartUp constitutes the moment of concluding a sales agreement between StartUp and the Customer.
The dispatch of the purchased Goods is carried out within 21 business days from the confirmation of payment on StartUp’s bank account, unless the Regulations contain different provisions or StartUp has informed the Customer directly before placing the order of a different deadline.
The purchased Goods on the Service are sent to the address provided by the Customer.
Orders through the Service can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays, or statutory holidays will be processed on the next business day.
If it is only possible to fulfill part of the order, StartUp may propose to the Customer, before confirming the order:
1. canceling the entire order (if chosen by the Customer, StartUp will be released from the obligation to fulfill the order),
1. canceling the order in part where fulfillment is not possible within the specified period (if chosen by the Customer, the order will be fulfilled in part, and StartUp will be released from the obligation to fulfill the remaining scope),
1. providing a substitute performance, agreed upon with the Customer. Once approved by the Customer, the substitute performance will be considered final;
1. dividing the order and specifying a new fulfillment deadline for the part of the order that cannot be fulfilled in the originally specified period (if chosen by the Customer, the ordered Goods will be sent in several separate shipments, and the Customer will bear additional costs associated with dividing the order into several shipments).
In the event of the lack of the ordered Goods or the impossibility of fulfilling the Customer’s order for other reasons, StartUp will inform the Customer within 7 days of the conclusion of the Agreement by sending information to their email address.
If payment for the Goods, which cannot be delivered in whole or in part, has been made in advance, StartUp will refund the paid amount (or the difference) to the Customer within 14 days from the date of concluding the Agreement, following the detailed rules specified in the Regulations.
StartUp may include information on the Service regarding the number of business days for dispatching the shipment with the purchased Goods. This information is the time counted from the confirmation of the order to the dispatch of the ordered Goods. The order fulfillment time is provided, taking into account the time needed to complete all ordered Goods.

§ 4 Liability for Non-Conformity of Goods with the Agreement

The provisions of this paragraph of the Regulations, in accordance with the provisions of Chapter 5a of the Act of May 30, 2014, on consumer rights, apply to the liability of StartUp for non-conformity of the Goods with the Agreement concluded with:
1. a Consumer, or
1. 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, in particular resulting from the subject matter of their business activity made available based on the provisions on the Central Register and Information on Economic Activity.
StartUp undertakes that the offered Goods are free from physical and legal defects.
StartUp reserves that due to the online provision of the Service, the preparation of the Goods entirely relies on the measurements provided by the Customer. Providing the correct measurements is the responsibility of the Customer.
Goods made according to the measurements provided by the Customer but not meeting their expectations due to the provision of incorrect measurements are not considered a lack of conformity of the Goods with the Agreement.
The Customer has the right to file a complaint in case of non-conformity of the Goods with the Agreement.
The Customer submits a complaint in written or documentary form to StartUp’s email address.
A complaint regarding defective Goods may include one of the following demands:
1. repair of the Goods;
1. replacement of the Goods.
Due to the personalized nature of the goods, StartUp reserves that returns are not possible.
If the Goods are non-compliant with the agreement, the Customer may make a statement of price reduction or withdrawal from the agreement when:
1. StartUp refused to bring the Goods into conformity with the agreement according to Article 43d (2) of the Act of May 30, 2014, on consumer rights;
1. StartUp did not bring the Goods into conformity with the agreement according to Article 43d (4-6) of the Act of May 30, 2014, on consumer rights;
1. the non-conformity of the Goods with the agreement persists even though StartUp tried to bring the Goods into conformity with the agreement;
1. the non-conformity of the Goods with the agreement is so significant that it justifies a price reduction or withdrawal from the agreement without prior use of the protection measures specified in Article 43d of the Act of May 30, 2014, on consumer rights;
1. it is clear from StartUp’s statement or circumstances that it will not bring the Goods into conformity with the agreement within a reasonable time or without undue inconvenience to the consumer.
A complaint regarding Goods defects will be handled within 14 days from its receipt.
If StartUp does not respond to the complaint within the specified period, it is considered that the complaint has been acknowledged.
StartUp informs the Customer about the outcome of the complaint handling on paper or another durable medium.
If the complaint regarding the Goods is acknowledged, StartUp will carry out – depending on the Customer’s demand – repair or replacement of the Goods.
StartUp’s liability is limited to the value of the Goods covered by the Agreement.
In matters not regulated in the Regulations, the rights and obligations of the Customer and StartUp in the event of the determination of the Goods defect / non-performance / improper performance of the Agreement by StartUp shall be determined by the relevant provisions of the generally applicable law, in particular the Act on consumer rights and the Civil Code.
StartUp’s liability for Goods and Services defects is excluded in the case of agreements concluded for the benefit of a Customer who is not:
1. a Consumer;
1. a natural person concluding an agreement with StartUp 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, particularly resulting from the subject matter of their business activity made available based on the provisions on the Central Register and Information on Economic Activity.
The Goods offered by StartUp may be covered by the manufacturer’s warranty. The use of the warranty is subject to the rules specified in the warranty statement. StartUp does not provide its own warranty for the Goods offered.

§ 5 Provision of Services

StartUp provides Services to Customers, the type, scope, and detailed description of which are specified on the Website.
Services are provided as indicated on the Website, especially on the page concerning a particular Service. Services include, in particular, the tailoring of historical and stylized clothing according to the individual measurements provided by the Customer.
StartUp provides information on the Website regarding how the Customer can place an order for Services. To place an order, the Customer indicates the Services they are interested in and then enters the necessary data to conclude the Agreement and perform the Service, including specifying the method of Service provision (if applicable) and the payment method.
If a button or similar function is used to place an order on the Website, they are clearly labeled with the words “order with an obligation to pay” or another equivalent unambiguous phrase.
Placing and confirming an order entails the obligation of payment by the Customer for the Services and any additional costs. The confirmation of the order by StartUp is the moment of concluding the service provision agreement between StartUp and the Customer.
The Customer is informed about the start and end dates of the Service provision before concluding the Agreement, especially through the Website.
If, at the explicit request of the Customer, the provision of the Service is to commence before the expiration of the withdrawal period for an agreement concluded away from business premises, StartUp requires the Customer to submit a statement:
1. containing such an explicit request in a durable medium;
1. acknowledging receipt of information about the loss of the right to withdraw from the agreement once it is fully performed by StartUp.
If the Customer does not agree to the commencement of the provision of the Service before the withdrawal period expires, the Service will be delivered after the Customer’s withdrawal period from the agreement, unless StartUp does not offer Customers the option to conclude agreements without such consent on the Website.
The Customer may terminate the Service provision Agreement in written or documentary form, with a notice period of 7 days effective at the end of the calendar month.
StartUp may terminate the Service provision Agreement in written or documentary form, with a notice period of 1 month effective at the end of the calendar month, for valid reasons. The parties consider the following as valid reasons:
1. cessation or the decision of StartUp to cease the operation of the organized part of StartUp’s business indicated in § 1;
1. significant change or the decision of StartUp regarding a significant change in the subject matter of the business activity of the organized part of StartUp indicated in § 1;
1. significant reorganization in StartUp’s business;
1. the occurrence of failures or obstacles (especially technical) not caused by StartUp, preventing or significantly hindering the provision of Services to the Customer;
1. the Customer’s delay in paying the remuneration to StartUp;
1. a significant breach of the Agreement or the Regulations by the Customer.

§ 6 Liability for Non-Conformity of the Service with the Agreement

A complaint regarding Services provided not in accordance with the Agreement should include a request dependent on the nature of the Service.
A complaint regarding the non-conformity of the Service with the Agreement will be considered within 14 (fourteen) days of its receipt.
In the event that StartUp does not respond to the complaint within the specified period, it is assumed that the complaint has been acknowledged.
StartUp informs the Customer about the result of the complaint review on paper or another durable medium.
In the case of acknowledging a complaint regarding the Service, StartUp performs the Service correctly, refunds the entire or part of the received remuneration to the Customer, or provides other benefits to the Customer, depending on the type of Service and the circumstances of the matter.
StartUp’s liability is limited to the value of the unperformed or improperly performed Service. StartUp’s liability for damages caused by non-performance or improper performance of the Service does not include lost profits.
StartUp emphasizes that, due to the provision of the Service online, the preparation of the Product relies entirely on the measurements provided by the Customer. Providing accurate measurements is the responsibility of the Customer.
Products made according to the measurements provided by the Customer but not meeting their expectations due to the submission of incorrect measurements are not considered a non-conformity of the Service with the Agreement.
Due to the personalized nature of the Service, StartUp reserves that there is no possibility of returns.
StartUp’s liability for defects in Services, as well as non-performance/improper performance of the agreement concluded with the Customer, is excluded in the case of agreements concluded with a Customer who is not:
1. a Consumer;
1. a natural person concluding an agreement with StartUp directly related to their business activity, where the content of this agreement indicates that it does not have a professional character for this person, as evidenced, in particular, by the subject of the business activity carried out by them, made available based on the provisions on the Central Register and Information on Economic Activity.

§ 7 Product Prices and Delivery Costs

The prices listed for Products offered on the Website are gross prices, meaning they include value-added tax (VAT). The prices are quoted in euros (EUR).
The price listed for a particular Product does not include shipping costs.
The customer bears the shipping costs, unless the content of the StartUp offer on the Website states otherwise.
The total amount that the Customer must pay in connection with the purchase of the selected Product consists of the Product price and the delivery cost.
If, on the Website, on the page of a specific Product, or during the Customer’s order placement, StartUp has not specified a different method of performance, the delivery methods for Products are as follows:
1. for Goods – delivery to the address provided by the Customer;
1. for other Services – in a manner specified on the Website on the page of a particular Service or during the Customer’s order placement, arising, in particular, from the nature of the Service.
In the Website, StartUp clearly indicates, no later than at the beginning of the Customer’s order placement, clear and legible information about any limitations regarding the delivery of the Product.

§ 8 Payment Methods

On the Website, StartUp clearly indicates, no later than at the beginning of the Customer’s order placement, clear and legible information about the accepted payment methods.
If, on the Website – on the page of a specific Product or during the Customer’s order placement, StartUp has not specified a different payment method, the Customer makes the payment using one of the following methods:
1. by electronic payment using one of the electronic payment systems accepted by StartUp, allowing for quick payment for the order;
1. by regular bank transfer to the account specified by StartUp.
In order to use one of the electronic payment systems, the Customer must accept the regulations and terms of use of the respective electronic payment system. The list of available electronic payment systems in the Website is available during the order finalization.
In the case of withdrawal from the contract, the refund is made in the same way as the payment was made by the Customer, unless the Customer has explicitly agreed to a different refund method that does not involve any costs for them.
StartUp does not allow Customers to make cash payments.

§ 9 Newsletter

The Customer can give consent to receiving commercial information, including electronic commercial information, by selecting the appropriate option in the registration form or through the Website. If such consent is given, the Customer will receive the StartUp newsletter (Newsletter) to the email address provided by them.
The Customer can unsubscribe from the Newsletter at any time by notifying StartUp of their decision.

§ 10 StartUp Contact Information

Customers can contact StartUp through the following channels:
1. Via email at: myslek.eve@gmail.com

§ 11 Final Provisions

StartUp informs that using services provided electronically involves risks arising from the public nature of the Internet, including the possibility of acquiring or modifying customer data by unauthorized third parties. To minimize this risk, customers should use appropriate security measures, including antivirus programs, have up-to-date web browsers and operating systems, and avoid using open access points.
To the widest extent permitted by law, StartUp is not liable for blocking the transmission of messages to the email address specified by the customer by mail server administrators, as well as for the deletion and blocking of email messages by software installed on the customer’s computer.
StartUp is not responsible for the devices and infrastructure used by the customer, including the faulty operation of public teleinformation networks, causing, for example, a lack of or disturbances in access to the Service website.
StartUp informs that displaying visualizations of Products in the customer’s teleinformatics system while using the Service depends on various factors, including the type of display matrix, proportions, resolution, lighting methods, applied technologies, efficiency of control electronics, and settings. Discrepancies between the visualization available in the customer’s teleinformatics system and the actual appearance of the Product cannot be the basis for a complaint.
StartUp informs that all trademarks (logos, logotypes, brand names, etc.), graphic materials, or photos placed on the Service are protected by law and are used by StartUp solely for informational purposes.
To the widest extent permitted by law, StartUp is not liable for disruptions, including interruptions, in the functioning of the Service caused by force majeure, unauthorized actions of third parties, or the incompatibility of the Service with the technical infrastructure of the customer.
StartUp reserves the right to temporarily suspend the operation of the Service, especially to carry out maintenance, development, or modernization work.
All names of Products offered on the Service are used for identification purposes and may be protected or reserved under the Industrial Property Law.
StartUp points out that the Service contains content protected by intellectual property law, especially works protected by copyright (content posted on the Service, graphic design, graphics, photos, etc.). Customers and persons visiting the Service are obliged to comply with intellectual property rights (including copyright and industrial property rights such as rights resulting from the registration of trademarks) belonging to StartUp and third parties. The customer or person visiting the Service bears sole responsibility for not complying with the provisions of this point.
Customers cannot place unlawful, inconsistent with applicable law, immoral content, or content that infringes the rights of third parties in the Service, nor can they publish links to pornographic, obscene, or offensive materials.
The customer is obliged to refrain from any activity that could affect the proper functioning of the Service, including any interference with the operation of the Service or its technical elements.
StartUp undertakes to inform registered customers of the Service about any changes to the Terms by sending an email to the email address provided during registration, and the customer, after receiving such information, will be able to delete the Account at any time. Changes to the Terms do not affect agreements concluded before the date of entry into force of the changes.
In matters not regulated by the Terms, the applicable provisions of Polish law apply, including in particular the provisions:
Act of April 23, 1964, Civil Code;
Act of May 30, 2014, on consumer rights;
Act of July 18, 2002, on the provision of electronic services.
Disputes related to agreements concluded on the basis of the Terms will be settled by the court having jurisdiction over StartUp. This provision does not apply to agreements concluded with consumers.
The use of a specific out-of-court dispute resolution method is possible only with the mutual consent of the customer and StartUp. Detailed out-of-court dispute resolution procedures are available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl, on the websites of Voivodship Inspectorates of Trade Inspection, as well as with district (city) consumer ombudsmen.
The Terms are effective from: March 5, 2024.

Notice Regarding Out-of-Court Dispute Resolution

In accordance with the regulation of the European Parliament and the Council (EU) No. 524/2013 of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes), the Foundation for Entrepreneurship Development “Your Startup,” located in Warsaw, hereby provides an electronic link to the online dispute resolution platform: https://webgate.ec.europa.eu/odr. The ODR platform enables out-of-court resolution of disputes between entrepreneurs and consumers. Resolving disputes through this method is voluntary.

WARRANTY CLAIM FORM

(this form should be completed and submitted only if you wish to file a complaint)

………………………………………………

(First and Last Name of the person submitting the document)

………………………………………………

(Address of the person submitting the document)

Fundacja Rozwoju Przedsiębiorczości

“Twój StartUp”

Atlas Tower, Al. Jerozolimskie 123a, 18 piętro,

02-017 Warszawa

Adres do doręczeń:

ul. Adama Próchnika 18/20/75

97-300 Piotrków Trybunalski

COMPLAINT

I, the undersigned, hereby submit a complaint regarding the agreement/order dated:

……………………………………………… no …………………………………………………… , which concerned:

……………………………………………………………………………………………………………………………………

Reason for filing the complaint:………………………………………………………………………………………

……………………………………………………………………………………………………………………………………

(Specify the reason for the complaint)

Therefore, I request:………………………………………………………………………………………………………..

……………………………………………………………………………………………………………………………………

……………………………

Customer’s Signature:

Date: ………………………….