Terms and conditions – THE O STUDIO

KEY INFORMATION ABOUT THE TERMS AND CONDITIONS AND THE STORE

Summary of the terms and conditions:

The store is owned by OYA STUDIO SP. Z O.O.
You can contact us by email at contact@the-ostudio.com
All information about the goods available in the store and the possible payment and delivery methods will be displayed on the screen of your device during the ordering process.
After placing an order, it is necessary to pay for it (unpaid orders will be cancelled).
The purchased goods should reach you in intact condition. If the package is damaged, you should write a damage report and contact us immediately.
You can return the purchased goods without giving a reason within 14 days of delivery. We will refund the money for the goods within 14 days of receiving the returned goods or proof of their return.
If the goods arrive damaged, incomplete or otherwise not in accordance with the sales contract, you can file a complaint. We will respond to your complaint within 14 days of receiving it.
We process your personal data to enable you to use the store and to fulfil your orders.

The full text of the store’s terms and conditions can be found below.

If you have any questions or concerns about the terms and conditions or shopping in our store, please contact us. We wish you a pleasant shopping experience!

TERMS AND CONDITIONS OF THE THE O STUDIO ONLINE STORE

GENERAL PROVISIONS

These terms and conditions (hereinafter: ‘Terms and Conditions’) set out the rules and conditions for using the ‘THE O STUDIO’ online store operating at the internet address www.the-ostudio.com (hereinafter: ‘Store’).
The Terms and Conditions are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (hereinafter: ‘Act on the provision of electronic services’).
The online store is owned by OYA STUDIO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (02-791), ul. Na Uboczu 20/61, REGON: 541010608, NIP: 9512616312 (hereinafter: ‘Seller’).
Contact with the Seller is possible by: e-mail – at the following address: contact@the-ostudio.com
traditional mail – at the following address: ul. Na Uboczu 20/61 02-791 Warsaw;
As part of its business activities, the Seller:
sells Goods that can be purchased by Buyers;
provides Users with the Account Service.
Information about the Goods available in the Store, in particular their descriptions, technical and functional parameters, and prices, constitute an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Act of 23 April 1964 – Civil Code (hereinafter: ‘Civil Code’).
Before using the Store, the Customer is obliged to read the Terms and Conditions and the Privacy Policy.

DEFINITIONS

Capitalised terms used in the Terms and Conditions shall have the following meanings:

Working Day – a day other than a Saturday, Sunday or other public holiday within the meaning of the Act of 18 January 1951 on public holidays;
Customer – User or Buyer;
Civil Code – a term defined in § 1(6) of the Terms and Conditions;
Consumer – a natural person who performs a legal transaction with the Seller not directly related to their business or professional activity;
Account – a panel created in the Store’s IT system, enabling the User to use its functionality, in particular to purchase Goods;
Buyer – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer Rights, who has concluded a Sales Agreement with the Seller or has taken steps to conclude such an agreement;
Non-compliance – this means:

non-compliance of the Goods with the Sales Agreement (the criteria for assessing the compliance of the Goods with the Sales Agreement are specified in 43b(1)-(2) of the Consumer Rights Act) or
non-compliance of the Account Service with the Account Service Agreement (the criteria for assessing the compliance of the Account Service with the Account Service Agreement are specified in Article 43k(1)-(2) of the Consumer Rights Act);

Privacy Policy – a document containing information on the processing of Customers’ personal data by the Seller;
Entrepreneur – a natural person, legal person or organisational unit without legal personality, to which specific provisions grant legal capacity, conducting business or professional activity on its own behalf;
Entrepreneur with consumer rights – a natural person conducting business or professional activity on their own behalf, who has concluded a Contract with the Seller directly related to their business activity, but which is not of a professional nature for that person, resulting in particular from the subject of their business activity;
Terms and Conditions – a term defined in § 1(1) of the Terms and Conditions;
Seller – a term defined in § 1(3) of the Terms and Conditions;
Goods – movable items available in the Store within the meaning of the Civil Code, which may be purchased by the Buyer, in particular clothing;
Agreement – Agreement for the provision of the Account Service or Sales Agreement;
Agreement for the provision of the Account Service – an agreement for the provision of a digital service within the meaning of the Consumer Rights Act, under which the Seller undertakes to provide the User with the Account Service free of charge for an indefinite period of time, and the User undertakes to provide the Seller with personal data;
Sales Agreement – a sales agreement within the meaning of the provisions of the Civil Code, under which the Seller undertakes to transfer the ownership of the Goods to the Buyer and to deliver the Goods to the Buyer, and the Buyer undertakes to collect the Goods and pay the Seller the price;
Account Service – a digital service within the meaning of the Consumer Rights Act, consisting in the creation and maintenance of an Account for the User by the Seller;
Consumer Rights Act – the Act of 30 May 2014 on consumer rights;
Act on the provision of electronic services – a term defined in § 1(2) of the Terms and Conditions;
User – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer Rights, who has concluded an Agreement with the Seller for the provision of the Account Service or has taken steps to conclude such an agreement;
Order – a term defined in § 6(4) of the Terms and Conditions.

TECHNICAL REQUIREMENTS

In order for Customers to use the Store properly, the following is required:
an Internet connection;
devices that allow the use of Internet resources;
use of a web browser that allows hypertext documents linked on the Internet via a web service to be displayed on the device screen, supports the JavaScript programming language, and accepts cookies;
an active email account.
Within the Store, it is prohibited for Customers to use viruses, bots, worms or other computer codes, files or programmes (in particular those automating script and application processes or other codes, files or tools).
The Seller informs that it uses cryptographic protection of electronic transfers and digital content by applying appropriate logical, organisational and technical measures, in particular to prevent third parties from accessing data, including SSL encryption, the use of access passwords and anti-virus or anti-malware software.
The Seller informs that despite the use of the security measures referred to in section 3 above, the use of the Internet and services provided electronically may be at risk of harmful software entering the Customer’s ICT system and device, or third parties gaining access to data stored on that device. In order to minimise the aforementioned risk, the Seller recommends the use of antivirus software or measures to protect identification on the Internet.

RULES FOR USING THE STORE

The Customer is obliged to use the Store in a manner consistent with generally applicable law, the provisions of the Terms and Conditions, and good manners.
The Customer is prohibited from providing illegal content.
The prices of Goods available in the Store are quoted in Polish zlotys (PLN) or euros (EUR) and are gross values.

SALES AGREEMENT

In order to conclude a Sales Agreement, the Buyer should perform the following steps:
visit the Store’s website;
go to the tab of the selected Product and click the ‘Add to basket’ button;
go to the ‘basket’ tab and click the ‘Order and pay’ button;
enter or select the following data in the form that appears:
first and last name;
e-mail address;

iii. telephone number;

address of residence/business (street, house number, apartment number, city, postcode, country);
delivery address (if different from the address of residence/business);
payment method;

vii. delivery method;

viii. click the ‘Pay now’ button and then pay for the Goods in accordance with the selected payment method.

The Buyer may use:
Courier delivery
The Buyer may pay for the Goods:
using the tpay or blik payment system;
payment card
By clicking the ‘Order with obligation to pay’ button, the Buyer submits an offer to purchase the selected Goods (hereinafter: ‘Order’).
After placing the Order, the Buyer receives a confirmation of its submission to the e-mail address provided by them.
If the Order cannot be fulfilled, the Seller shall notify the Buyer by sending a message to the e-mail address provided by the Buyer. In the case referred to in the preceding sentence, no Sales Agreement is concluded between the Seller and the Buyer. If the Order referred to in this paragraph 6 has been previously paid for by the Buyer, the Seller shall immediately refund all payments made by the Buyer.
If the Order is forwarded for processing, the Seller shall notify the Buyer thereof by sending a message to the e-mail address provided by the Buyer. Upon receipt of the message referred to in the preceding sentence by the Buyer, a Sales Agreement shall be concluded between the Seller and the Buyer.
If an Order for which the Buyer has selected the payment button for the Goods before delivery is not paid within 1 working day of its submission, the Seller has the right to withdraw from the Sales Agreement and cancel the Order within 7 (seven) days from the date of the ineffective expiry of the deadline for payment of the Order. Withdrawal from the Sales Agreement and cancellation of the Order shall take place by the Seller sending an appropriate statement to the e-mail address provided by the Buyer.

DELIVERY OF GOODS

The Seller ships Goods to addresses located in the Republic of Poland and the European Union.
In the case of shipping Goods to countries outside the European Union, the Buyer shall bear the costs of customs duties. Detailed information on the amount of duties payable can be found on the website of the Integrated Tariff of the European Communities (TARIC), which contains the current rates of fees due (https://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=pl&redirectionDate=2 0110310).
The costs of shipping the Goods shall be covered by the Buyer, who shall pay them at the same time as paying the price for the Goods.
Goods marked as ‘READY-TO-SHIP’ shall be shipped within 7 working days from the date of:
the payment for the Goods being credited to the Seller’s bank account – if the Buyer pays for the Goods before their delivery;
the Buyer receiving notification that the Order has been forwarded for processing – if the Buyer has chosen to pay for the Goods upon delivery.
The Seller is obliged to deliver to the Buyer Goods in accordance with the relevant Sales Agreement.
The Goods delivered to the Buyer should be in an undamaged condition.
If the Goods are delivered by a courier, the Buyer should check the Goods in their presence. If the package containing the Goods is damaged, the Buyer should draw up a damage report and contact the Seller.

RIGHT TO WITHDRAW FROM THE SALES AGREEMENT

The provisions of this § 8 apply only to the Buyer who is a Consumer or an Entrepreneur with Consumer Rights.
The Buyer has the right to withdraw from the Sales Agreement without giving any reason within 14 (fourteen) days from the date of taking possession of the Goods by the Buyer or a third party designated by the Buyer who is not a carrier.
The Buyer exercises the right to withdraw from the Sales Agreement by submitting a statement of withdrawal from the Sales Agreement (hereinafter: ‘Statement’) to the Seller. To meet the deadline for withdrawal from the Sales Agreement, it is sufficient to send the Statement before the expiry of the deadline referred to in paragraph 2 above.
The Statement may be submitted by the Buyer in any form, in particular on the form constituting Appendix 2 to the Consumer Rights Act. However, in order to facilitate the exercise of the right to withdraw from the Sales Agreement, the Seller recommends submitting the Statement in the manner specified in sections 5-8 below.
The Buyer may submit the Statement in the form of:
a) electronic;
b) paper
If the Buyer chooses to submit the Statement in electronic form, they should send an e-mail to the address indicated in section 1(4)(1) of the Terms and Conditions, containing the following elements:
the Buyer’s first and last name;
e-mail address;
correspondence address;
a clear statement of withdrawal from the Sales Agreement;
indication of the Goods to which the withdrawal from the Sales Agreement relates;
Order number;
date of placing the Order;
PKD codes of the economic activity conducted by the Buyer (if the Buyer is an Entrepreneur with Consumer rights).
If the Buyer chooses to submit the Statement in paper form, they should print and complete the form. To obtain the form, the Buyer should contact the Seller to request that it be sent by email.
The Seller shall send the Buyer confirmation of receipt of the Statement immediately after receiving it, by email.
If the right to withdraw from the Sales Agreement is exercised, the Buyer should return the Goods to the Seller within 14 (fourteen) days from the date of withdrawal from the Sales Agreement. To meet the deadline referred to in the preceding sentence, it is sufficient to return the Goods before its expiry.
Standard Goods should be returned to the following address:
Na Uboczu 20/61 02-791 Warsaw
The Buyer shall bear the direct costs of returning the Goods.
The refund of payments made by the Buyer shall be made after the Seller receives the returned Goods or proof of their return by the Buyer, whichever occurs first. The refund shall be made using the same method of payment as used by the Buyer in the original transaction, unless the Buyer expressly agrees to a different solution. The Buyer shall not bear the costs of returning the payment.
The Buyer shall be liable for any reduction in the value of the Goods resulting from their use in a manner other than that necessary to ascertain the nature, characteristics and functioning of the Goods.
The Buyer shall not have the right to withdraw from the Sales Agreement if:
The Goods are non-prefabricated items, manufactured according to the Buyer’s specifications or serving to satisfy their individual needs;
The Goods are perishable or have a short shelf life;

III. The Goods are delivered in sealed packaging which cannot be returned due to health protection or hygiene reasons if the packaging has been opened after delivery;

The goods are items which, due to their nature, have been inseparably connected with other items after delivery;
The goods are audio or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery.

COMPLAINTS REGARDING GOODS

Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty towards Buyers who are Entrepreneurs is excluded. The further provisions of this § 9 apply only to:
Buyers who are Consumers or Entrepreneurs with Consumer rights;
Non-compliance of the Goods with the Sales Agreement.
Goods delivered to the Buyer by the Seller must comply with the Sales Agreement.
The Seller shall be liable for any Non-conformity existing at the time of delivery of the Goods to the Buyer and disclosed within 2 (two) years from that moment, unless the shelf life of the Goods is longer.
In the event of a Non-conformity being revealed, the Buyer shall be entitled to the rights specified in Article 43d et seq. of the Consumer Rights Act.

The Buyer’s rights specified in the preceding sentence shall be exercised in accordance with the provisions of the Consumer Rights Act and the provisions of this § 9.

In the event of a Non-conformity, the Buyer may submit a complaint requesting:
repair of the Goods or
replacement of the Goods.
Complaints shall be submitted by e-mail to the address indicated in § 1(4)(1) of the Terms and Conditions.
Complaints should include:
the Buyer’s first and last name;
e-mail address;
Order number;
date of delivery of the Goods;
description of the Non-conformity;
request for repair or replacement of the Goods.
If the Seller receives a request for:
repair of the Goods – the Seller is entitled to replace the Goods;
replacement of the Goods – the Seller shall be entitled to repair the Goods;
If both replacement and repair of the Goods are impossible or would require the Seller to incur excessive costs, the Seller may refuse to bring the Goods into conformity with the Sales Agreement.
After considering the complaint, the Seller shall respond to the Buyer’s complaint, in which:
it accepts the complaint and indicates the planned date of fulfilment of the Buyer’s request;
it accepts the complaint and informs the Buyer that the Seller has exercised the right referred to in paragraph 8 above;
refuses to bring the Goods into conformity with the Sales Agreement for the reasons indicated in section 9 above;
rejects the complaint on the grounds that it is unfounded.
The Seller shall respond to the complaint by e-mail within 14 (fourteen) days of its receipt.
In the cases referred to in section 10 points 1-2 above, the Seller shall, at its own expense, bring the Goods into conformity with the Sales Agreement within a reasonable time from the moment of receiving the complaint and without undue inconvenience to the Buyer, taking into account the specific nature of the Goods and the purpose for which the Buyer purchased them. The Seller shall indicate the planned date for bringing the Goods into compliance with the Sales Agreement in its response to the complaint.
The Buyer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Buyer at its own expense.
The Buyer shall not be obliged to pay for the normal use of the Goods which have subsequently been replaced.
In the event of a Non-conformity, the Buyer may submit a statement to the Seller requesting a price reduction or withdrawal from the Contract if:
The Seller has refused to bring the Goods into conformity with the Sales Contract for the reasons specified in section 9 above;
the Seller has not brought the Goods into conformity with the Sales Agreement in accordance with paragraphs 12-13 above;
the Non-conformity persists despite the Seller’s attempts to bring the Goods into conformity with the Sales Agreement;
The non-compliance is so significant that it justifies withdrawal from the Sales Agreement without first requesting the Seller to bring the Goods into compliance with the Sales Agreement;
It is clear from the Seller’s statement or circumstances that the Seller will not bring the Goods into compliance with the Sales Agreement within a reasonable time or without undue inconvenience to the Buyer.
A statement on price reduction or withdrawal from the Sales Agreement may be submitted by e-mail to the address indicated in § 1(4)(1) of the Terms and Conditions.
A statement on price reduction or withdrawal from the Sales Agreement should include:
the Buyer’s first and last name;
e-mail address;
Order number;
date of delivery of the Goods;
description of the disclosed Non-conformity;
indication of the reason for submitting the statement, selected from among the reasons indicated in section 15 above;
a statement on the reduction of the price of the Goods, together with an indication of the reduced price of the Goods, or a statement on withdrawal from the Sales Agreement.
The reduced price must be in such proportion to the price resulting from the Sales Agreement as the value of the Goods not in conformity with the Sales Agreement is to the value of the Goods in conformity with the Sales Agreement. The Seller shall refund the Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 (fourteen) days from the date of receipt of the statement on the reduction of the price.
The Buyer may not withdraw from the Sales Agreement if the Non-conformity is insignificant.
In the event of withdrawal from the Sales Agreement, the Buyer shall immediately return the Goods to the Seller at the Seller’s expense. The Goods should be returned to the following address: ul. Na Uboczu 20/61, 02-791 Warsaw
The Seller shall refund the price of the Goods to the Buyer immediately, no later than within 14 (fourteen) days from the date of receipt of the Goods or proof of their return, whichever occurs first. The refund shall be made using the same method of payment as used by the Buyer in the original transaction, unless the Buyer expressly agrees to a different method of refund which does not involve any costs for them.

SELLER’S INTELLECTUAL PROPERTY

All components of the Store, in particular:
the name of the Store;
the Store’s logo;
photos and descriptions of Goods;
rules of operation of the Store’s website, all its graphic elements, interface, software, source code and databases – are subject to legal protection under the provisions of the Act of 4 February 1994 on copyright and related rights, the Act of 30 June 2000 – Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other generally applicable laws, including European Union law.
Any use of the Seller’s intellectual property without its prior express consent is prohibited.

FINAL PROVISIONS

The law applicable to the Terms and Conditions and the Agreements referred to therein is Polish law. However, the choice of Polish law made in the preceding sentence does not deprive the Consumer of the protection resulting from foreign law provisions which cannot be excluded by agreement and which would apply in the absence of the choice of Polish law made in the preceding sentence.
The current version of the Terms and Conditions is effective from 01.03.2025.

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