statute
§1. General provisions
- These regulations define the rules for ordering services in the Lume Studio online store - lumestudio.pl - from Karolina Michałkiewicz-Kasina, running a business under the name Lume design studio Karolina Michałkiewicz-Kasina, Banacha 29/8, 31-235 Kraków, NIP: 6762349023 , REGON: 520501001, entered in the CEIDG register and their implementation by the Service Provider.
- In order to use the service, please read these Regulations. Confirmation of the purchase of the service constitutes acceptance of the Regulations.
- The terms used in the Regulations mean:
- Service Provider - Karolina Michałkiewicz-Kasina, running a business under the name Lume design studio Karolina Michałkiewicz-Kasina, Banacha 29/8, 31-235 Kraków, NIP: 6762349023, REGON: 520501001;
- Service - a set of services that may be the subject of provision by the Service Provider, provided to the extent and within the time specified in detail in the Offer and the Regulations;
- Offer - a unilateral declaration of intent of the Service Provider included in the Service description, regarding the Services offered by the Service Provider;
- Consumer - pursuant to the Act of 23 April 1964 Civil Code - User who, as a natural person, performs a legal act not directly related to his business or professional activity. Consumers, within the meaning of these Regulations, are also entrepreneurs running a sole proprietorship, concluding contracts of a non-professional nature resulting from the subject of their activities;
- User - one natural person (with full legal capacity) who has made or intends to place an Order. The user can be both a consumer and an entrepreneur;
- Order - a transaction initiated by the User by placing an order, which leads to the conclusion of a contract between the Service Provider and the User. The order is made via the Internet in the form of a distance contract. The contract may be concluded either by the Service Provider's online store;
- Store - an online store maintained by the Service Provider in the domain lumestudio.pl;
- Regulations - this document is available on the website lumestudio.pl and sent by the Service Provider at each User's request.
- Detailed information about the Services can be found on the website lumestudio.pl, as well as are made available by the Service Provider by e-mail in response to the User's inquiry sent to the e-mail address: karolina@lumestudio.pl.
- Users may contact the Service Provider by e-mail to the following e-mail address: karolina@lumestudio.pl.
§2. Terms of use of the electronic service
- To be able to place an order through the Store, the User must meet the following technical requirements:
- have a computer, laptop or other device with Internet access;
- have access to e-mail;
- use a web browser (in the latest version);
- use the minimum screen resolution of 1024 × 768;
- enable the option of saving cookies in the browser.
- The online store provides electronic services in the form of a User Account, Order Form and Contact Form. The Store does not charge any fees for the provision of this service.
- The above services are provided for an indefinite period. The User may withdraw from the contract for the provision of the Order Form service and the Contact Form without giving any reason within 14 days from the date of using the above-mentioned. forms or setting up a User Account.
§3. Placing orders
- The Service Provider provides Services to Users on the basis of distance contracts concluded between the User and the Service Provider.
- The offer is displayed on the website of the Service Provider.
- Orders may be placed using the order form available on the website or using the User Account. The service provider does not sell by telephone.
- When placing an order via the Store:
- To make a purchase, the User selects the product they are interested in in the Store. Then he transfers the product to the basket by clicking the "Add to basket" button. After selecting products, the User goes to the tab in which he defines the method of product implementation and payment methods.
- Then, the User clicks the "Order and pay" button, which redirects the User to the page containing information about the Order being made.
- In order to place an order, the User is obliged to confirm the order by clicking the "Order and pay" button under the order summary.
- By clicking the "Order and pay" button, you declare that the User is aware of placing an order, which entails the obligation to pay.
- The User provides the Service Provider with the data necessary to order the Service and billing, i.e. name, surname, correspondence address, telephone number.
- After obtaining all the necessary data, the Service Provider sends an e-mail confirming the submission of the Order together with data on its implementation, which include, among others: defining the main features of the Service, indicating the total price including taxes, presenting the User's personal data provided to the Service Provider.
- Upon confirmation of placing the Order, the User is bound by the obligation to pay.
- After the Service Provider receives the full amount of remuneration for the Service, an Agreement is concluded between the User and the Service Provider.
- The contract is concluded in Polish, in accordance with these Regulations and the Offer selected by the User.
- Consolidation, protection and sharing of the content of the concluded contract takes place through:
- making these regulations available on the Store's website;
- sending the User an e-mail referred to in §3 para. 6.
- It is not allowed to provide false data.
§4. Settlements
- The online store provides electronic forms of payment for the Order, via an external payment agent.
- All prices given in the Offer are gross prices (including VAT) specified in Polish zlotys.
- The User is obliged to pay the price of the Service within 5 days from the date of confirmation of placing the Order.
- The Service Provider may issue a VAT invoice to the User if the User reports this fact no later than on the date of payment of the price.
§5. Withdrawal from the contract
- The provisions contained in this paragraph constitute the rights granted only to the User who is a Consumer.
- The User has the right to withdraw from the contract for the provision of services concluded with the Service Provider within 14 days from the date of the contract, without giving any reason.
- The declaration of withdrawal from the contract may be submitted by the User using the withdrawal form at the end of the Regulations, both by e-mail to the following address: karolina@lumestudio.pl as well as by sending a statement by post.
- Submitting a declaration of withdrawal from the contract without using the form does not affect the effectiveness of the withdrawal. For the declaration of withdrawal to be effective, it is sufficient to send the declaration before the deadline.
- The Service Provider immediately confirms by e-mail the acceptance of the declaration of withdrawal from the contract.
- In the event of sending a declaration of withdrawal from the contract, the contract is considered void.
- The Service Provider reimburses the User's payment within 7 working days from the date of receipt of the Consumer's statement on withdrawal from the contract by crediting the User's account with the above-mentioned amount, unless the Consumer has expressly agreed to a different method of reimbursement.
- The right to withdraw from the contract does not apply to contracts for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after its fulfillment, he will lose the right to withdraw from the contract.
§6. Rules for the provision of Services
- The scope of services provided by the Service Provider is each time described in the Offer regarding the given Services.
- The services are performed in accordance with the principles and standards adopted for this type of service, with the utmost diligence corresponding to this type of activity, as well as to the extent specified in the Offer. The Service Provider is not responsible for failure to meet the specific expectations of Users, exceeding the above-mentioned standards.
- Special rules for the provision of Services in the field of on-line consultations with the Service Provider:
- The User may order the Service in the form of on-line consultations in the field of interior design to the extent described in the Offer.
- The consultation takes place through the selected instant messaging service chosen by the Parties in the e-mail arrangements.
- After purchasing the Service, the Service Provider sends the User the proposed meeting dates. The user selects one meeting date and time.
- The User is not entitled to a refund of the price paid as remuneration for participation in a specialist consultation, if he did not participate in the consultation for reasons not attributable to the Service Provider and did not report the above-mentioned the fact of the Service Provider in the manner specified in point (a). h below.
- Up to ... people may participate in one consultation meeting.
- A consultation meeting lasts up to 60 minutes.
- User has…. days from the date of purchase, to use the purchased Service.
- If it is not possible to hold an agreed meeting, the User is obliged to inform the Service Provider no later than 24 hours to start the meeting. In the absence of timely notification or absence of the User - the meeting is considered held.
- The service provider is not responsible for the implementation of the information and advice provided during the consultation.
- Special rules for the provision of interior design Services:
- The scope of the Service is each time indicated in the Offer.
- The User is obliged to provide the Service Provider with documents, materials and information (answers to questions) necessary for the Service Provider to perform the subject of the Order, as well as inspiration reflecting the aesthetic preferences of the User by ... days from the date the Service Provider sends an e-mail confirming the submission of the Order. In the event of a delay or delay in the provision by the User of the above-mentioned content, the deadline for the performance of the Service will be automatically postponed by twice the number of days of delay or delay of the User in the correct and full delivery of the content.
- Special rules for the provision of the "Developer changes" service:
- The service includes consultation with the Service Provider in order to find out about the User's expectations as to the interior arrangement,
- The Service Provider makes 2-3 suggestions for changes to the wall layout along with the arrangement of rooms on 2D projections based on the projection of rooms sent by the User with dimensions,
- The user selects one of the proposals. For the selected and accepted proposal, the Service Provider prepares a design for the arrangement of lighting fixtures, switches and sockets on a 2D projection and a design for the arrangement of sanitary devices (water and sewage connections),
- The service period is up to 2 weeks from the date of receipt from the User of all the content referred to in point (a). b above.
- Special rules for the provision of the "Interior design for a child's room" service:
- The service includes consultation with the Service Provider in order to find out about the User's expectations as to the interior arrangement,
- The service provider prepares a design of the functional layout shown in the 2D projection. The User has the right to submit one series of comments to the above-mentioned project,
- The service provider, on the basis of the approved design of the functional layout, prepares photo-realistic 3D visualizations. The User has the right to submit two series of comments to the above-mentioned project,
- For the approved design, the Service Provider prepares technical documentation and specification of interior fittings,
- The service period is up to 4 weeks from the date of receipt from the User of all the content referred to in point (a). b above.
- Special rules for the provision of the service "Interior design of a living room with a kitchenette":
- The service includes consultation with the Service Provider in order to find out about the User's expectations as to the interior arrangement,
- The service provider prepares a design of the functional layout shown in the 2D projection. The User has the right to submit one series of comments to the above-mentioned project,
- The service provider, on the basis of the approved design of the functional layout, prepares photo-realistic 3D visualizations. The User has the right to submit two series of comments to the above-mentioned project,
- For the approved project, the Service Provider prepares technical documentation, specification of interior fittings and a list of materials and equipment used in the project,
- The service period is up to 6 weeks from the date of receipt from the User of all the content referred to in point (a). b above.
- All costs of actual activities (i.e. renovation, arrangement, interior design) based on the design are covered by the User.
- The User is not entitled to make any changes to the design without the consent of the Service Provider.
- The entire Service is provided on-line. As part of the Service, the Service Provider does not perform any type of supervision, visits to the property, or stationary consultations.
- The Service is released through the exchange of e-mail messages.
- The Service Provider is not responsible for the correctness and timeliness of renovation and construction works aimed at the implementation of the project. The Service Provider is not responsible for the quality and performance of interior design elements, assembly elements, products of third parties, such as manufacturers of fittings, tiles, floors, finishing accessories.
- The Service Provider will inform the User (via e-mail) about the need to consult a given design solution with an industry specialist. The Service Provider is not responsible for the User's failure to comply with the above obligation and any damage resulting therefrom.
- The user undertakes to obtain all permits and approvals to carry out renovation or construction works assumed in the project and, if required by the project, consult the solutions with an industry specialist or constructor. The Service Provider is not responsible for the User's failure to comply with the above obligation and any damage resulting therefrom.
- Each time, the User is obliged to accept the design or, if necessary, submit comments and submit proposals for amendments to the design within ... days from the date of issuing the stage to the User.
- Submission of comments will be made by e-mail.
- If the User does not submit any comments to the Service Provider within the indicated period, it is assumed that the work has been accepted by the User in the form provided by the Service Provider.
- The Service Provider will make corrections within 14 days from the date of submitting the comments by the User.
- The amendments referred to above will be made by the Service Provider as part of the remuneration for the performance of the Service.
- After the User accepts the stages of the project or after the deadline referred to above, the User has no right to submit any further corrections and changes to the project.
- The User is obliged to carefully prepare the materials necessary for the performance of the Service. The service provider is not responsible for errors, in particular bad dimensioning or poor quality of materials. The Service Provider is not obliged to verify the substantive correctness of the materials provided.
§7. Copyright
- Projects made by the Service Provider may constitute works within the meaning of the Act on Copyright and Related Rights (hereinafter referred to as the Work) and are therefore subject to legal protection.
- The remuneration due to the Service Provider also includes the remuneration for granting a license to use the work.
- The user undertakes to respect the author's personal rights, in particular to preserve the integrity of the work. The User, without the consent of the Service Provider, may not make any changes to the project without the consent of the Service Provider. The user is not entitled to distribute and use derivative works.
- The User is entitled to implement the project created by the Service Provider only on a one-off basis, in the real estate or premises to which the project was related in the given Order.
- The Service Provider has the right to present the project, in particular by publishing it on its website, on its profiles in social media and in promotional materials.
- The User undertakes to refrain from implementing any concepts, ideas and ideas of the Service Provider, its subcontractors, employees and contractors, about which he learned during cooperation with the Service Provider, without the participation of the Service Provider.
§8. Reklamacje
- Reklamacje co do Pakietów Projektowych, Towarów, lub innych usług świadczonych przez Administratora oraz co do funkcjonowania Serwisu mogą być zgłaszane za pośrednictwem kanałów komunikacji lumestudio.pl (formularz kontaktowy lub wiadomość na adres email karolina@lumestudio.pl)
- Jeśli po otrzymaniu gotowego projektu klient zauważy w nim niezgodności z umową może złożyć reklamację w terminie 14 dni roboczych od daty otrzymania projektu drogą elektroniczną.
- Reklamacje rozpatrywane są w terminie 14 dni roboczych od daty ich wpłynięcia.
- O sposobie rozwiązania reklamacji decyduje przedstawiciel serwisu lumestudio.pl Reklamacje mogą być rozwiązywane w jeden z trzech sposobów:
- Zwrotu uiszczonej kwoty w stopniu odpowiadającym reklamacji,
- Udzielenia klientowi rabatu na kolejny projekt,
- Umożliwienie klientowi dokonania kolejnych zmian w ilości oznaczonej w pisemnym uwzględnieniu reklamacji
- W przypadku przesłania przez klienta błędnych danych (np. pomiarów pomieszczenia) Serwis nie ponosi odpowiedzialności za niezgodności projektu ze stanem faktycznym
§9. Pozasądowe sposoby rozwiązania sporów
- In order to resolve the dispute that has arisen in connection with the placing of Orders, the Consumer has the option of using the assistance of the following institutions before bringing a case in common court:
- use of a permanent amicable consumer court, referred to in the Act of 15 December 2000 on the Trade Inspection by submitting an application for resolving a dispute arising from the contract;
- applying to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings in order to amicably resolve the dispute;
- ask for help from a poviat or municipal consumer ombudsman or a social organization whose purpose is to protect consumer rights.
- Detailed information on the possibility for the Consumer to use out-of-court dispute resolution and the availability of procedures are available at the offices and on the websites of institutions such as the Trade Inspection, poviat (municipal) consumer ombudsmen, social organizations dealing with the protection of consumer rights, as well as the Office of Competition Protection and Consumers.
- At the address http://ec.europa.eu/consumers/odr a platform for the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.
§10. Postanowienia końcowe
- In matters not covered by these Regulations, the provisions of generally applicable law shall apply, in particular the Act of 23 April 1964 Civil Code and the Act of 30 May 2014 on consumer rights.
- Polish law shall apply to any disputes arising from these Regulations and the concluded contract. The court competent to hear disputes is the court competent for the seat of the Service Provider, unless a provision of generally applicable law reserves exclusive jurisdiction of another court. The competent court for disputes to which the Consumer is a party is the consumer's place of residence.
Regulamin obowiązuje od dnia 1.01.2022r.