Statute
The following terms and conditions define the rules for placing and fulfilling Orders via the website operating at the following URL: www.osky-shop.com
IMG IWONA GUBERNAT TERMS AND CONDITIONS
CHAPTER I – DEFINITIONS:
The terms used in these Terms and Conditions have the following meanings:
1. Seller – Iwona Gubernat, sole proprietorship under the name IMG Iwona Gubernat, registered office:
ul. FATIMSKA 41a, 31-831 Kraków,in accordance with the entry in the Central Register and Information on Economic Activity of the Republic of Poland supervised by the Minister of Development, , NIP: 678-111-68-86, REGON 120912478,
e-mail: firmaosky@gmail.com; contact telephone number: +48 577-520-120(connection fee according to the tariff of the User's operator);
2. Online Store – the online platform operated by the Seller in English at the following URL: www.osky-shop.com enabling the conclusion of Sales Agreements;
3. Ordering Party – an adult natural person with legal capacity (including a sole proprietorship), a legal person, or an organizational unit without legal personality, to which special provisions grant legal capacity, placing an Order in the Online Store;
4. User – any person using the Online Store website;
5. Product or Products – pedicure footrests with a patented industrial design, pedicure absorbers, and other products offered by the Seller for retail sale in the Online Store, manufactured by the Seller upon the individual order of the Ordering Party;
6. Product Page – a single subpage on the Online Store website presenting detailed information about the Product;
7. Price – the gross price of the Product, located next to the information about the Product, excluding the costs of delivery of the Product to the Ordering Party and any additional costs accepted by the Ordering Party;
8. Order – a declaration of will of the Ordering Party submitted via the Online Store, indicating the Goods or a set of Goods intended for execution by the Ordering Party, in accordance with the provisions of these Regulations;
9. Business Days – weekdays from Monday to Friday, excluding public holidays;
10. Sales Agreement – a contract for the sale of Goods concluded between the Seller and the Ordering Party via the Online Store, i.e., concluded via means of distance communication;
11. Consumer – a natural person entering into a legal transaction with an entrepreneur that is not directly related to their business or professional activity, as defined in Article 22(1) of the Civil Code;
12. Civil Code – the Act of 24 April 1964 – the Civil Code (consolidated text: Journal of Laws of 2019, item 1145, as amended); 13. Consumer Act – the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2019, item 134, as amended);
14. Act on the Provision of Electronic Services – the Act of 18 July 2002 on the Provision of Electronic Services (consolidated text: Journal of Laws of 2019, item 123, as amended);
15. Code of Good Practice – a set of rules of conduct, in particular ethical and professional standards, referred to in Art. 2, item 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007 (consolidated text: Journal of Laws of 2010, item 2070, as amended);
16. Terms and Conditions – these terms and conditions of the Online Store.
CHAPTER II – GENERAL PROVISIONS:
1. Placing an Order for Goods offered in the Online Store and the fulfillment of Orders is based on these Terms and Conditions and generally applicable legal provisions. These Terms and Conditions constitute the regulations referred to in Article 8 of the Act on the Provision of Electronic Services.
2. The number of Goods offered that are on sale or on clearance is limited. Orders for such Goods will be fulfilled in the order in which they were placed by the Ordering Party, while supplies last.
3. The information provided in the Online Store (in particular regarding the Price of Goods) does not constitute an offer within the meaning of Article 66 of the Civil Code; it merely constitutes an invitation to submit offers as defined in Article 71 of the Civil Code.
4. All prices listed on the Online Store website are expressed in euros (EU) and are gross prices (including VAT).
5. It is prohibited for Ordering Parties or Users to use the Online Store or the website www.osky-shop.com to send unsolicited commercial information, so-called spam within the meaning of the Act on the provision of electronic services, as well as to use the Online Store in a manner contrary to the law, good practice, violating the personal rights of third parties or the legitimate interests of the Seller.
6. In order to use the Online Store, the User must obtain access to a computer or other device with internet and email access. The Online Store can be used by the User with the following equipment:
a. a PC or other device with internet access;
b. internet access;
c. a web browser, e.g., Firefox, Internet Explorer, Google Chrome, or another browser;
d. an active email account.
7. Direct contact with the Seller is possible by email, telephone, or via the contact form available on the Online Store website in the CONTACT tab. All contact details for the Seller are provided in these Terms and Conditions and on the Online Store website in the CONTACT tab.
8. The Seller hereby declares that it does not adhere to any Code of Good Practice.
SECTION III – SERVICES PROVIDED ELECTRONICALLY:
1. Services provided electronically under these Terms and Conditions enable Users to make purchases in the Online Store. These services are provided 24 hours a day, 7 days a week. These services are free of charge for Users.
2. Users may not post content that could in any way violate the personal rights of third parties or the Seller, or infringe on any other rights of third parties, including copyrights, industrial property rights, or trade secrets. Users are also prohibited from posting any content that is offensive, violates good manners, legal regulations, or social norms, or content containing any personal data of third parties without their consent, as well as advertising content.
3. The agreement for the provision of services electronically by the Seller is concluded for a fixed term necessary to fulfill the Sales Agreement. The User may terminate this agreement free of charge at any time. Termination of the agreement for the provision of electronic services by either party shall not affect the performance of any Sales Agreements already concluded, unless the parties agree otherwise.
4. The Seller makes every effort to ensure the proper and uninterrupted operation of the Online Store. If the services offered by the Seller specified in these Terms and Conditions, for example, are inconsistent with them or do not function properly, the User has the right to file a complaint. Users are asked to submit complaints electronically to the following email address: firmaosky@gmail.com or in writing to the Seller's address. To facilitate the complaint handling process, Users are asked to include their personal data in their complaints and describe their concerns.
5. Complaints related to services provided electronically by the Seller are reviewed within 30 days of submission, in accordance with applicable regulations. The Seller will inform the User about the procedure for review.
SECTION IV – ORDERING AND CONCLUSION OF A SALES AGREEMENT:
1. Orders can be placed in the Online Store 24 hours a day, 7 days a week, but the Seller only processes Orders on Business Days.
2. To place an Order in the Online Store, the Ordering Party is asked to perform the following steps:
a. select the Goods to be purchased, the quantity of the Goods, and optionally select other parameters specific to the Goods, if available on the Product Page (e.g., frame color, upholstery color), and then click the "Add to Cart" button.
b. after selecting the Goods, click the "View Cart" button or the cart icon in the upper right corner.
c. then provide the invoice details if the Ordering Party requires such a sales document and click the "Order Now" button.
d. provide the shipping address for the Goods, confirm that they have read the Terms and Conditions, and to complete the Order, click the "Order and Pay" button.
3. After the Ordering Party places an Order, they will receive a response to the email address provided in the Order confirming the Order and including the Order number. The sales contract is concluded upon sending the Order to the Ordering Party, including the assigned Order number. The sales contract is concluded in English.
4. Until the "Order and Pay" button is clicked, the User may at any time change the previously selected Goods, their quantity, or interrupt the ordering process and cancel the Order. The Ordering Party is bound by the Terms and Conditions from the moment the Order is placed.
5. The content of Sales Agreements is stored by the Online Store's IT system for the period necessary to execute the Sales Agreement, but no longer than the expiry of the Seller's warranty period.
SECTION V - PAYMENT METHODS, DELIVERY COSTS:
1. The payment method available in the Online Store is prepayment to the Seller's account via traditional bank transfer. Payment for the ordered Goods, including delivery costs, should be made to account number 16 1050 1445 1000 0097 1450 3779.
2. The Ordering Party is asked to enter the Order number from the Online Store received in the Order confirmation email in the transfer title. Submitting an incorrect payment amount may significantly extend the Order processing time.
3. The Seller expects payment for the Order for 5 Business Days from the conclusion of the Sales Agreement; after this time, unpaid orders will be canceled.
4. The Order processing time is the same as the time the payment is credited to the Seller's bank account specified in the Order confirmation. This means that the Seller will not begin processing the Order if payment for the Goods is not received.
5. The Seller delivers to the location indicated by the Customer via a courier company.
6. The costs of delivering Goods outside Poland are indicated when placing the Order. The total cost of delivering the Goods (i.e., the Price of the Goods plus the delivery costs) is also visible to the Customer in the email confirming the Order. Any additional costs will only be charged to the Consumer with the Consumer's express consent.
CHAPTER VI – ORDER PROCESSING:
1. The Price in effect at the time of placing the Order is binding for a given Order.
2. The Ordering Party will be provided with information on the Order fulfillment date and the time of handing over the Goods for shipment to the Ordering Party on the Product Page.
3. The Seller delivers the ordered Goods within the Republic of Poland and Europe.
4. The Ordering Party agrees to collect the ordered Goods and/or pay the Price specified by the Seller for the Order.
5. If the Ordering Party is not a Consumer, the Seller reserves the right of ownership to the Goods until the Price is paid, in accordance with the provisions of these Terms and Conditions.
6. Upon delivery of the Goods by courier, the Ordering Party is requested to check, in the presence of the courier, whether both the shipment and the Goods contained therein are free of any damage resulting from transport, are intact, and are consistent with the Order. Inspection of the shipment is a free service that guarantees the highest quality of service. If the shipment is damaged, incomplete, or does not conform to the Order, the Ordering Party is requested to complete a damage report in the presence of the courier and immediately report this fact to the Seller.
7. A receipt is issued for each Good sold, and upon the Ordering Party's request, a VAT invoice. The sales document constitutes written confirmation of the Order.
8. The Seller undertakes to deliver the Goods without defects, excluding any defects
indicated in the sales offer on the individual Product Pages in the Online Store.
9. The current order processing time is provided in the message on the website after placing the order and in the order confirmation email.
CHAPTER VII – CONSUMER RIGHT TO WITHDRAW FROM THE CONTRACT, COMPLAINTS REGARDING GOODS:
1. Pursuant to Article 38, Section 3) of the Consumer Act, the Seller informs the Consumer that after ordering the selected Goods (marked on the website), they are not entitled to withdraw from the Sales Agreement without giving any reason, as the subject of the Sales Agreement is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet their individual needs.
2. The Seller is liable to the Consumer for defects in the Goods in accordance with the principles of warranty liability set forth in the provisions of the Civil Code, in particular Articles 556 and 556(1) – 576 of the Civil Code. In the event of any problems with the Goods, the Ordering Party who is not a Consumer is asked to immediately contact the Seller by email.
3. If defects in the Goods are found, the Consumer may submit a complaint to the Seller by sending it by e-mail to the following e-mail address: firmaosky@gmail.com or by post to the Seller's address.
4. For the avoidance of doubt, the Seller indicates that it does not provide a warranty for the Goods within the meaning of Article 577 of the Civil Code.
5. To expedite the complaint process, the Consumer sending the Goods to the Seller is asked to provide the following information: first and last name, full address, Order number, email address, and a detailed description of the defect in the Goods and the warranty claim (repair or replacement, price reduction, withdrawal from the Sales Agreement in the event of a significant defect in the Goods). When submitting a complaint, the Ordering Party is also asked to attach a copy of the proof of purchase.
6. Complaints are reviewed within 14 days of submission, in accordance with applicable regulations. The Ordering Party will be informed of the procedure for review by the Seller.
7. The Seller informs that he consents to the resolution of consumer disputes in accordance with the Act of 23 September 2016 on the out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823). If the complaint is not accepted by the Seller, the Consumer may use out-of-court methods of dealing with complaints and pursuing claims and request the intervention of the Provincial Inspectorate of Trade Inspection in Kraków., ul. Ujastek 1, 31-752 Kraków www.krakow.wiih.gov.pl
Detailed procedures for using the Trade Inspection's assistance are available on the office's website and at www.uokik.gov.pl under the "Resolution of consumer disputes" and "Important addresses" tabs. Extrajudicial redress after the complaint procedure is completed is free of charge. For a Consumer Ordering Party wishing to use extrajudicial redress, there is also the option of filing a complaint via the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/
CHAPTER VIII – PERSONAL DATA:
1. By placing an Order in the Online Store and/or contacting the Seller (by email, telephone, or via the contact form), the User provides the Seller with their personal data (name and surname, address, email address, telephone number, and possibly company name, business address, Tax Identification Number (NIP), and the IP address of the computer the User uses to access the Online Store).
2. In the event of placing an Order and/or contacting the Seller, the legal basis for the processing of personal data is the performance of the Sales Agreement and/or taking steps to conclude the Sales Agreement or contacting the User, based on the User's request, in accordance with the provisions of Article 6, paragraph 1, letter a). b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR").
3. The Seller is the controller of personal data. Providing personal data in each of the situations indicated in point 1 is voluntary, but necessary to achieve the purpose for which the data was obtained. Personal data provided to the Seller will not be transferred to third parties other than those indicated in the Terms and Conditions (e.g., courier companies, banks, accounting firms), for purposes other than those indicated in the Terms and Conditions, without obtaining the User's prior separate consent. Ordering Party data may only be shared with authorized entities in accordance with applicable law, such as the National Trade Inspection Authority or law enforcement authorities, upon their request. User data will not be processed in an automated manner, nor will it be subject to profiling.
4. More information regarding the processing of personal data, including User rights, can be found in the Privacy Policy, which forms an integral part of the Terms and Conditions.
CHAPTER IX – OTHER PROVISIONS:
1. In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the Civil Code, the Act on Providing Services by Electronic Means, the GDPR, and, with respect to Consumers, the Consumer Act.
2. For the avoidance of doubt, none of the provisions of these Terms and Conditions limit or exclude the rights of the Consumer under the laws of the Consumer's country. If the laws of the Consumer's country are more favorable to the Consumer than the provisions of Polish law and are generally applicable, they shall apply to both the Seller and the Customer who is a Consumer in the Sales Agreement concluded under these Terms and Conditions.
3. The Seller is entitled to amend these Terms and Conditions for important reasons (e.g., changes in legal provisions, changes in the rules of operation of the Online Store). If any changes are made to these Terms and Conditions, the User will be notified at least 14 days in advance of the effective date of the changes (appropriate information about the changes to the Terms and Conditions will be posted on the Online Store website). If the User does not accept the amended Terms and Conditions, the User has the right to discontinue use of the Online Store and terminate the service agreement. This does not exclude or limit the User's right to discontinue use of the Online Store at any time.
4. The content of these Terms and Conditions may be recorded by printing, saving to a medium, or downloading at any time from the Online Store website.
5. The provisions of the Terms and Conditions should be interpreted in a manner ensuring their compliance with applicable law.
Krakow, July 10, 2025.