Terms and conditions of the online shop and newsletter

• 1. Introductory provisions

1. These Terms and Conditions define the terms and conditions of contracts for the provision of physical products and digital content in the form of a Newsletter, in particular the rights and obligations of the contractual parties, i.e. the Seller and the Customer or the Newsletter User.
2. Each Customer and Newsletter User is obliged to read and accept the terms and conditions specified in the Terms and Conditions before concluding a Contract with the Seller.

• 2 Definitions

The definitions used in the Terms and Conditions should be understood as follows:

1. Seller - SHIMA Kalinowski Spółka Komandytowa, Aleja Jana Pawła II 80 lok.39, 00-175 Warsaw, NIP: 5252771053, REGON: 381851151.
2. Customer - a natural person with full legal capacity, a legal person or an organisational unit without legal personality but with legal capacity, who uses the services and functionalities of the Website, and in particular makes purchases through the Shop.
3. Consumer - a natural person making a purchase on the Website in the scope not directly connected with his/her economic or professional activity.
4. Entrepreneur on the rights of a consumer - a natural person making a purchase directly related to his/her business activity, when it follows from the content of this agreement that it does not have a professional character for him/her, arising in particular from the subject of his/her business activity (as defined in CEIDG).
5. User - natural person subscribing to the Newsletter and thus concluding an agreement with the Seller for its provision.
6. Website - website operated by the Seller, available at the following address: shimaofficial.com
7. Shop - online shop operated by the Seller at the following web address: shimaofficial.com
8. Goods - physical product available in the Shop's range which is the subject of the Agreement between the Customer and the Seller.
9. Newsletter - digital content delivered to persons who have subscribed using the subscription form on the Website. The Newsletter content also includes the so-called lead magnet (gift for signing up), which is delivered to the User once after signing up for the Newsletter.
10. Digital environment - the computer hardware, software and network connections used by the Consumer to access or use the digital content or digital service.
11. Basket - an element of the Shop's software in which the Goods selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data.
12. Order Form - a form available on the Website allowing the Customer to place an Order, in particular by adding Goods to an electronic shopping cart and specifying the terms of a Distance Contract, including the method of delivery and payment.
13. Subscription form - form available on the Website allowing the conclusion of a Newsletter delivery agreement.
14. Registration form - form available on the Website enabling the creation of an Account.
15. Account - an account in the Store which the Customer may or may not set up and which stores the data provided by the Customer and information on the Orders placed by him/her in the Store.
16. Order - Customer's declaration of intent made using the Order Form and aiming directly at the conclusion of the Agreement.
17.  
18. STRIPE PAYMENTS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with registered office at ul. Ludwika Waryńskiego 3A, 00-654 Warsaw, entered in the Register of Entrepreneurs of the National Court Register under no. 0000937028, NIP number 7011062474.
    2. payment system PayPro SA, with its registered seat at ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register under no. 0000347935, NIP no. 7792369887.
19. Agreement - an agreement concluded at a distance with a Customer within an organised system of concluding agreements at a distance (the Shop or the Subscription Form on the Website), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.
20. Terms and Conditions - these Terms and Conditions.

• 3 Contact with the Shop

1. The Customer may contact the Seller in particular:
   
   1. via e-mail, to the address: hello@shima.pl
   2. in writing to the address: Pulawy  24-110, Mościckiego 1
   3. or by phone at: +48 534 432 880 between 8:00 a.m. and 4:00 p.m. on working days.
2. The Seller's bank account number Bank Pekao S.A : 36 1240 2412 1111 0011 1145 9707

• 4 Customer's digital environment

1. In order to use the Website and the Shop, including browsing the Seller's product range and placing orders, as well as using the Newsletter, it is necessary to have:
   
   1. a terminal device with access to the Internet, an operating system and a web browser to view the web pages,
   2. pdf, word, excel viewer,
   3. active electronic mail address (e-mail),
2. The Seller undertakes technical and organisational measures to ensure safe access to the Website and the Shop for the Customer, in particular measures to prevent access and modification of personal data by unauthorised persons.
3. The customer is prohibited from providing illegal content.
4. The Seller is entitled to a technical interruption in the functioning of the Website, including the Shop, necessary for the planned, current operation and maintenance of the server and software. In the event of a planned interruption, Customers will be explicitly notified on the Website.
5. To the fullest extent permitted by law, the Seller shall not be liable for any disruption, including interruption in the functioning of the Website, caused by force majeure, unauthorised action of third parties or incompatibility with the computer equipment or software used by the Customer.

• 5 Newsletter and free digital services

1. The Seller provides paid Goods and also free digital content and digital services through the Website and the Shop.
2. The following free digital content and services are available, among others:
   
   1. enabling the Customer to browse the content and assortment on the Website and the Shop and to use the content search engine (digital service),

1. Enabling the Customer to place an Order in the Store without registering (digital service),
   
   1. creating and maintaining an Account in the Store (digital service),
   2. providing a Newsletter and a so-called gift for signing up (digital content).
2. In order to receive the Newsletter, the following steps must be taken:
   
   1. fill in the Newsletter subscription form;
   2. agree to data processing for the purpose of sending the Newsletter including direct marketing of the Seller's goods, digital content and services;
   3. read and accept the Terms and Conditions and sign up by clicking on the "Sign up" button;
   4. then find the email message from the Seller sent to the address provided in the sign-up form and click on the Newsletter sign-up confirmation button.
3. The first Newsletter shall be delivered immediately after the User performs the actions specified in the preceding point.
4. The first Newsletter shall be delivered immediately after the User performs the actions specified in the preceding point. The Agreement for maintaining an Account in the Store and the Agreement for supplying the Newsletter are concluded for an indefinite period of time and may be terminated at any time with immediate effect.
5. The Agreement for maintaining the Account in the Store may be terminated by deleting the Account after logging into the Account, and the Agreement for supplying the Newsletter by unsubscribing according to the instructions contained in each Newsletter. The Customer may also terminate each Contract by sending an appropriate request to the Seller at the email address or in writing to the address specified in §3 of the Terms and Conditions.

• 6 Creating an Account in the Shop

1. Creating an Account in the Shop is free of charge.
2. In order to set up an Account in the Shop, it is necessary to fill in the Registration Form or tick the appropriate checkbox in the Order Form.
3. Logging into an Account takes place by providing a login and password established in the Registration Form.
4. The Customer has the possibility of deleting the Account at any time, without stating any reason and without incurring any fees on this account, using the functionality of the Account or by sending an appropriate request to the Seller, in particular via e-mail or in writing to the address given in §3.

• 7 Principles of placing an Order

1. Orders can be placed in the Shop 24 hours a day, on all days of the year.
2. Browsing the Shop's assortment does not require creating an Account.
3. Placing orders by the Customer for Goods from the Shop's assortment is possible:
   
   1. after creating an Account in accordance with the instructions contained in §6 of the Rules and Regulations
   2. or without creating an Account, by providing the necessary personal and address data to enable the fulfilment of the Order.
4. In order to place an Order without registration, it is necessary to:
   
   1. wselect the Goods that are the subject of the Order and then click the "Add to basket" button,
   2. proceed to the shopping cart and click "Proceed to payment",
   3. fill in the Order Form, entering the data of the recipient of the Order and the address to which the Goods are to be delivered,
   4. enter the invoice data, if different from the data of the recipient of the Order,
   5. select one of the available payment methods, accept the Terms and Conditions and click the "Buy and pay" button,
   6. make the payment within the specified time, in the manner previously selected.
5. In order to place an Order with registration (creating an Account), you must:
   
   1. select the Goods that are the subject of the Order and then click the "Add to basket" button,
   2. go to the shopping cart and click "proceed to payment",
   3. for the first order, fill in the Order Form, entering the data of the recipient of the Order and the address to which the Goods are to be delivered, and tick the box "Create an Account?",
   4. for subsequent orders, log in to the Shop,
   5. enter the invoice data, if different from the data of the Order recipient,
   6. select one of the available payment methods, accept the Terms and Conditions and click the "Buy and pay" button,
   7. make payment in the manner previously selected.
6. Online payment is made directly on the Payment Operator's website.
7. Once the online payment has been made, the Customer will be redirected back to the Website.
8. As soon as the Customer confirms placing the order using the "I buy and pay" button, the Contract is concluded between the Customer and the Seller.
9. The Customer will receive, at the e-mail address provided in the order, a confirmation of the conclusion of the Contract and a copy of the content of these Terms and Conditions.

• 8 Prices and delivery and payment methods offered

1. The prices of the Goods are specified in their descriptions available in the Shop.
2. All prices are expressed in Polish zloty and are gross prices.
3. Binding on the parties to the transaction is the price appearing next to the Goods at the moment of placing the Order by the Customer in accordance with the procedure described in §7 of the Terms and Conditions.
4. The Seller does not apply individual price adjustment on the basis of automated decision-making.
5. The total amount to be paid by the Customer consists of the price for the Goods and the cost of delivery, of which the Customer is informed on the pages of the Shop while placing the Order, including at the moment of expressing the will to enter into the Contract.
6. The Customer may use the following methods of delivery or collection of the ordered Goods:

1. Courier delivery,

1. There are no delivery costs associated with the delivery of the Newsletter and the free Digital Service.
2. The Customer may pay for his/her order by choosing one of the following payment methods:

1. payment by bank transfer to the Seller's account,,
2. Debit card,
3. Credit card,
4. electronic transfers,,
5. mobile payments, including blik,
6. Detailed information on available payment methods for individual Goods can be found in the Order Form.
7. By concluding the Contract with the Seller, the Customer agrees to send invoices and their corrections electronically to the email address provided in the Order Form or the email sent to the Seller.

• 9. Complaint
  (Liability for non-conformity of performance)

1. The Seller is obliged to deliver to the Consumer and Entrepreneur with consumer rights the Goods, Content or Digital Service in conformity with the contract (so-called consumer warranty).
2. If the Consumer or Entrepreneur with consumer rights finds non-conformity with the contract, he or she should inform the Seller about it, specifying at the same time his or her claim related to the found non-conformity (filing a complaint).
3. The Customer submits a complaint in writing or by e-mail to the address specified in §3 of the Terms and Conditions.
4. The complaint should contain the Customer's identification data, a description of what the complaint concerns and the claims related to it. In the case of incomplete information, the Seller shall call the Customer to supplement it within 14 days of receiving the call, with the instruction that if the missing information is not supplemented within the indicated time limit, the complaint shall be left unprocessed.
5. The time limit for considering the complaint by the Seller is 14 days from the date of correctly submitted complaint to the Seller.
6. Failure of the Seller to respond within the aforementioned period to a correctly submitted complaint means that the complaint is recognised by the Seller.
7. In case the Customer is not a Consumer or Entrepreneur on the rights of a Consumer, the Seller's liability under the warranty for physical or legal defects of the goods is excluded (on the basis of Article 558§1 of the Civil Code).

• 10 Right to withdraw from the contract

1. The Customer initiating a Distance Agreement as a Consumer or an Entrepreneur with consumer rights who operates a Distance Agreement with the Seller may delegate the Agreement without any withdrawal within 14 days. In the case of Goods, the deadline is issued from the date of notification of the Goods to the Consumer/Entrepreneur sent by consumer protection or to a person indicated by him, other than a specific person, who has been designated to hand over the Goods.
2. To set the deadline for withdrawal from the contract, it is sufficient for the Consumer/Entrepreneur with consumer rights to be sent information about the existence of the right to withdraw from the contract before the deadline for withdrawal from the contract.
3. The right to withdraw from a distance contract that the Consumer is not entitled to in the contract:

1. Conditions that are available under quick perishability or short shelf life;
2. contracts for the supply of digital content (Digital Products), for which the Consumer or Entrepreneur with consumer rights is obliged to pay the price, if the Seller began to provide the service with the express and prior consent of the Consumer or Entrepreneur with consumer rights, who was informed before the commencement of the provision that after after the Seller has performed the service, he will lose the right to withdraw from the contract and has acknowledged this, and the Seller has provided him with confirmation of the conclusion of the contract and confirmation of receipt of consent to provide digital content in circumstances resulting in the loss of the right to withdraw from the contract on a durable medium;

1. In order to withdraw from the contract which does not cover the situations mentioned in the previous point, the Consumer/Entrepreneur with consumer rights should inform the Seller about the intention to withdraw from the contract by way of a declaration of will in the form of a letter sent by e-mail or post to the address provided in §3 of the Regulations.
2. For this purpose, a Consumer and an Entrepreneur with consumer rights may use the template included in the annex to these Regulations. However, this is not mandatory. (
3. In the event of withdrawal from the Agreement, the Seller returns all payments received, no later than 14 days from the date on which the Seller was informed about the withdrawal from the Agreement by the Consumer or Entrepreneur with consumer rights. The Seller will refund the payment using the same payment methods that were used in the original transaction, unless the Consumer/Entrepreneur with consumer rights has expressly agreed to a different solution that will not involve any costs for him.
4. The Seller may withhold the refund until receipt of the returned Goods or confirmation of its return (whichever comes first).
5. The consumer covers all direct costs of returning the Goods, including the cost of packaging and shipping.
6. The Consumer/Entrepreneur using consumer protection is responsible for reducing the value of the Goods resulting from using the product in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product.
7. In the event of withdrawal from the contract for the supply of content or Digital Service, the Consumer and the Entrepreneur with consumer rights are obliged to stop using the content or Digital Service and making them available to third parties.

• 11 Out-of-court methods of resolving consumer disputes

1. The Seller agrees to submit any disputes arising in connection with concluded distance contracts to mediation. The details will be determined by the parties to the conflict.

1. If the mediation proceedings undertaken are unsuccessful or the parties do not decide to do so, and the Customer is not a Consumer or an Entrepreneur with consumer rights, the court competent to resolve any disputes related to such a contract is the court competent for the registered office of the Seller.
2. The consumer has the opportunity to use out-of-court methods of dealing with complaints and pursuing claims. Among other things, the Consumer has the opportunity to:
   
   1. submitting a request to a permanent consumer arbitration court to resolve a dispute arising from the concluded contract,
   2. submitting a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings to resolve the dispute amicably,
   3. using the assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
3. The consumer may also submit a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
4. More detailed information on out-of-court methods of dealing with complaints and pursuing claims can be found on the website http://www.uokik.gov.pl.

• 12 Copyright

1. The digital content available on the Website, as well as the materials included in the Digital Goods and Services, are works and are protected by copyright, and these rights are vested in the Seller or persons cooperating with him and who have granted the Seller appropriate licenses.
2. The customer may use the above-mentioned content on the basis of fair private use. This means that the Customer and users of the Website may use them only for their own needs, including their business activities, provided that the buyer is not entitled to make them available to third parties as their own product or service (for a fee or free of charge).
3. Customer interested in wider use of the above. content should contact the Seller and undertake individual negotiations.
4. Unauthorized distribution of the above. content may result in civil and criminal liability.

• 13 Personal data and cookies

1. The principles of personal data processing and the use of cookies are described in the Privacy and Cookies Policy, which is available in our online store.

• 14 Final provisions

1. Contracts concluded by the Seller are concluded in Polish.
2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions, changes in payment and delivery methods, to the extent that these changes affect the implementation of the provisions of these Regulations. The changes are effective on the date of publication of the new regulations. The changes do not apply to contracts concluded before the changes to the Regulations were introduced.
3. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Consumer Law Act, the Civil Code; Entrepreneurs' rights; the Act on the Provision of Services by Electronic Means, the General Data Protection Regulation (GDPR) and the Personal Data Protection Act.
4. The Regulations apply to contracts concluded from January 1, 2024.