Terms and Conditions

These Terms and Conditions set out the general terms, rules and procedures governing sales conducted by Piercing Donut Maria Lidak, Tax Identification Number (NIP): 8881624005, registered office address: Arentowicza 6/180, 87-800 Włocławek, via the online shop piercingdonut.com (hereinafter referred to as: „the Online Shop”, “the Seller” or “the Administrator”) and sets out the terms and conditions for the provision of free services by electronic means.

1 Definitions

Administrator – also referred to as the Seller.
Working days – days of the week from Monday to Friday, excluding public holidays.
Delivery – the act of the Seller delivering to the Customer, via the Supplier, the goods specified in the order.
Supplier – the entity with which the Seller cooperates in relation to the delivery of goods:

1. The courier company Inpost;
2. Inpost parcel locker

Customer – an entity to whom services may be provided electronically or with whom a sales contract may be concluded.
Entrepreneur – a person carrying on a business or practising a profession and performing legal acts directly related to their business or profession.
Salesperson – Piercing Donut Maria Lidak, Tax Identification Number (NIP): 8881624005, who is also the owner of the online shop.
Goods – a product presented by the Seller via the online shop, which may be the subject of a Contract of Sale.
Services – services provided by the Seller to Customers by electronic means within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Agreement – a distance selling contract, concluded in accordance with the terms set out in the Terms and Conditions, between the Customer and the Seller.
Order – a declaration of intent by the Customer, aimed directly at concluding a Contract of Sale, specifying in particular the type and quantity of the Goods.

2 General Provisions

All rights to the online shop, including economic copyright, intellectual property rights to its name, its web domain, the shop’s website, as well as to the templates, forms, logos displayed on the website (with the exception of logos and photographs used for the purpose of presenting goods, the copyright to which belongs to third parties) belong to the Seller, and they may only be used in the manner specified and in accordance with the Terms and Conditions, and with the Seller’s written consent.

3 Using the online shop

The Seller shall endeavour to ensure that users can access the online shop using all popular web browsers, operating systems, device types and internet connection types. The minimum technical requirements for using the Online Shop’s website are a web browser of at least Internet Explorer 11, Chrome 39, Firefox 34, Opera 26 or Safari 5 or later, with JavaScript enabled, that accepts „cookies”, and an internet connection with a bandwidth of at least 256 kbit/s.
In order to place an order in the Online Shop via the Shop’s website or by email, and to use the services available on the Shop’s website, the Customer must have an active email account.
The Customer is prohibited from providing unlawful content and from using the shop, its website or the free services provided by the Seller in a manner that is contrary to the law or public decency, or that infringes the personal rights of third parties.
The Seller declares that the public nature of the internet and the use of services provided electronically may entail a risk of unauthorised persons accessing and altering Customers’ data; therefore, Customers should take appropriate technical measures to minimise the risks outlined above. These include anti-virus software and programmes designed to protect the identity of internet users. The Seller will never ask a Customer to provide their account password or other sensitive data.
It is not permitted to use the shop’s resources and functions for the Customer to carry out activities that would harm the Seller’s interests.

4 Registration

In order to create a Customer account, the Customer is required to register free of charge.
You do not need to register to place an order in the online shop.
To register, the Customer should complete the registration form provided by the Seller on the shop’s website and submit the completed registration form electronically to the Seller by selecting the appropriate option on the registration form. During registration, the Customer sets a personal password.
Whilst completing the registration form, the Customer has the opportunity to read the Terms and Conditions and accept them by ticking the relevant box on the form.
Once the completed registration form has been submitted, the Customer will receive confirmation of registration from the Seller at the email address provided in the registration form. At this point, a contract for the provision of the „Customer account management” service by electronic means is concluded, and the Customer gains access to their Customer account and is able to amend the details provided during registration.

5 Orders

The information contained on the shop’s website does not constitute an offer by the Seller within the meaning of the Civil Code, but merely an invitation to Customers to make offers to enter into a Contract of Sale.
Customers can place orders with the shop via its website or by email 7 days a week, 24 hours a day.
A Customer placing an order via the Shop’s website completes the order by selecting the Goods they are interested in. Goods are added to the order by clicking the “ADD TO BASKET” button next to the relevant Goods displayed on the Shop’s website. Once the Customer has finalised their order and specified the delivery method and payment method in the „BASKET”, they place the order by submitting the order form to the Seller, selecting the „Buy and pay” button on the shop’s website. Each time before an order is submitted to the Seller, the Customer is informed of the total price for the selected Product and Delivery, as well as of any additional costs they are required to bear in connection with the Sales Contract.
By placing an order, the Customer makes an offer to the Seller to enter into a Contract of Sale for the Goods covered by the order.
Once an order has been placed, the Seller will send an order confirmation to the email address provided by the Customer.
Subsequently, once the order has been confirmed, the Seller shall send a notification to the email address provided by the Customer confirming that the order has been accepted for processing. The notification that the order has been accepted for fulfilment constitutes the Seller’s declaration of acceptance of the offer referred to in §4(6) above, and the Contract of Sale is concluded upon the Customer’s receipt of this notification.
Once the Sales Agreement has been concluded, the Seller shall confirm its terms and conditions to the Customer by sending them to the Customer’s email address or in writing to the address provided by the Customer during registration or when placing an order.

6 Payments

The prices shown on the shop’s website alongside a particular Product are gross prices and do not include information regarding delivery costs or any other costs that the Customer will be required to pay in connection with the Contract of Sale, of which the Customer will be informed when selecting the delivery method and placing the order.
When ordering home delivery, the customer can pay for the goods ordered:

1. bank transfer to the Seller’s bank account (in this case, order fulfilment will commence once the Seller has sent the Customer confirmation of order acceptance and the funds have been credited to the Seller’s bank account);
2. electronic payments via Przelewy24

In the event that the Customer fails to make payment by the due date, the Seller shall set an additional deadline for the Customer to make payment and shall inform the Customer of this deadline.
Should the second deadline for payment pass, the Seller shall send the Customer a notice of withdrawal from the Contract of Sale pursuant to Article 491 of the Civil Code.

7 Delivery

The seller delivers throughout the European Union.
The full price list is available in the ‘Deliveries’ tab.
The Seller is obliged to deliver the Goods covered by the Contract of Sale free from defects.
The delivery and order fulfilment period is calculated in working days and is up to 7 days; the Customer is informed of this each time they place an order.
The delivery and order fulfilment times stated on the shop’s website are calculated in working days.

The Goods ordered are delivered to the Customer via the Supplier to the address specified on the order form.
On the day the Goods are dispatched to the Customer, a confirmation of dispatch from the Seller is sent to the Customer’s email address.
The Customer is obliged to inspect the delivered consignment within the timeframe and in the manner customary for consignments of this type. Should any loss or damage to the consignment be found, the Customer is entitled to request that a Supplier employee draw up an appropriate report.
In accordance with the Customer’s instructions, the Seller shall enclose with the consignment forming the subject of the Delivery either a receipt or an invoice covering the Goods being delivered.
If the Customer is not present at the address they specified when placing the order as the delivery address, a member of the Supplier’s staff will leave a delivery notice or attempt to contact the Customer by telephone to arrange a time when the Customer will be present. If the Supplier returns the ordered Goods to the shop, the Seller will refund the purchase price to the Customer, deducting the delivery costs.
The customer should check the condition of the parcel upon collection from the courier. If the packaging shows visible external damage caused during transit, we recommend refusing to accept the parcel and then contacting us on the telephone number provided: 790443455. However, once the cash-on-delivery amount has been paid or the parcel receipt has been signed, it is also possible to open the parcel, but in the presence of the courier, and if any discrepancies are found, you should ask the courier to draw up a damage report and, at the same time, be sure to keep this document for us. It is also best to contact us by telephone on 790443455.

8 Warranty

The Seller guarantees that the Goods supplied are free from physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
If the Goods are faulty, the Customer may:

1. submit a statement requesting a price reduction or withdrawal from the Contract of Sale, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with Goods free from defects or remedies the defect. This restriction does not apply if the Goods have already been replaced or repaired by the Seller, or if the Seller has failed to fulfil their obligation to replace the Goods with goods free from defects or to remedy the defects. The Customer may, instead of the remedy proposed by the Seller, demand that the Goods be replaced with goods free from defects, or, instead of the replacement of the Goods, demand that the defect be remedied, unless bringing the Goods into conformity with the contract in the manner chosen by the Customer is impossible or would entail excessive costs compared with the method proposed by the Seller. When assessing whether the costs are excessive, account shall be taken of the value of the Goods free from defects, the nature and significance of the defect found, and the inconvenience to which the Customer would be exposed by another method of remedy.
2. to demand that defective Goods be replaced with non-defective ones or that the defect be remedied. The Seller is obliged to replace the defective Goods with non-defective ones or to remedy the defect within a reasonable time without causing undue inconvenience to the Customer. The Seller may refuse to comply with the Customer’s request if bringing the defective Goods into conformity with the Sales Contract in the manner chosen by the Customer is impossible or, compared with the other possible method of bringing them into conformity with the Sales Contract, would entail excessive costs. The costs of repair or replacement shall be borne by the Seller.

A customer exercising their rights under the warranty is obliged to deliver the defective item to the Seller’s address.
The Seller is liable under the warranty if a physical defect is discovered within two years of the Goods being delivered to the Customer. A claim for the rectification of a defect or for the replacement of the Goods with goods free from defects lapses after one year. If the Customer has requested that the Goods be replaced with goods free from defects or that the defect be remedied, the period for withdrawing from the Contract of Sale or making a claim for a price reduction shall commence upon the expiry, without result, of the period for replacing the Goods or remedying the defect.
The Customer may submit any complaints relating to the Goods or the performance of the Sales Contract in writing to the Seller’s address or by email to: donut4piercing@gmail.com.
The Seller shall, within 14 days of receiving a request containing a complaint, respond to any complaint regarding the Goods or any complaint relating to the performance of the Contract of Sale lodged by the Customer.
The seller is not liable for normal wear and tear of the product.
The Customer may lodge a complaint with the Seller regarding the use of free services provided electronically by the Seller. The complaint may be submitted electronically and sent to the contact email address. The Customer should include a description of the problem in the complaint form. The Seller shall consider the complaint without delay, but no later than within 14 days, and provide the Customer with a response.

9 Withdrawal from the Contract of Sale

The customer has the right to withdraw from the Sales Contract within 14 days without giving any reason, by sending a notice to the following address: Arentowicza 6/180, 87-800 Włocławek
The period for withdrawing from the Contract expires 14 days after the day on which the Customer took possession of the goods.
To withdraw from the Contract, you must notify the Seller in writing by post, fax or email.
Returned goods must never have been used.
In the event of withdrawal from the Contract of Sale, the Contract shall be deemed not to have been concluded.
In the event of withdrawal from the Sales Contract, the customer shall return the goods at their own expense, and the seller shall refund the purchase price.
The refund will be made using the same payment methods as those used by the Customer in the original transaction, unless the Customer has expressly agreed to an alternative arrangement.
The seller is entitled to withhold the refund until the goods have been received or until proof of their return has been provided, whichever occurs first.
In the event of withdrawal, the Customer shall bear the direct costs of returning the goods, which may be sent back by post in the usual way.
If, due to their nature, the Goods cannot be returned by post in the usual way, the Seller shall inform the Customer of the costs of returning the goods on the shop’s website.
The customer is liable for any reduction in the value of the Goods resulting from their use in a manner that goes beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.

10 Free services

The Seller provides the following free services to Customers via electronic means: Contact form; Newsletter; Customer account management; Posting reviews.
Free services are provided 7 days a week, 24 hours a day.
The contact form allows you to send a message to the Seller via the form on the shop’s website. You may opt out of this service at any time by ceasing to send enquiries to the Seller.
The newsletter is a service available to any Customer who enters their email address using the registration form provided by the Seller on the shop’s website. Once the completed registration form has been submitted, the Customer will immediately receive confirmation from the Seller by email to the email address provided in the registration form. At this point, a contract for the provision of the Newsletter service by electronic means is concluded.
The Newsletter service involves the Seller sending electronic messages to an email address, containing information about new products or services in the Seller’s range. The Seller sends the Newsletter to all Customers who have subscribed to it. Each Newsletter sent to Customers contains, in particular: information about the sender, a completed „subject” field specifying the content of the message, and information on how to unsubscribe from the service. A Customer may at any time opt out of receiving the newsletter by unsubscribing via the link provided in every email sent as part of the service or by ticking the relevant box in their Account on the shop’s website.
A Customer account can be managed once registration has been completed; this involves providing the Customer with a dedicated dashboard on the shop’s website, enabling them to amend the details they provided during registration, as well as to track the status of their orders and view the history of orders that have already been fulfilled. A registered Customer may request that their account be deleted; should such a request be made, the account may be deleted within 20 days of the request being submitted.
The posting of reviews involves the Seller enabling Customers who have an account on the shop’s website to publish individual and subjective comments relating, in particular, to the Goods.
The Seller is entitled to block access to the Customer’s account and free services should the Customer act to the detriment of the Seller or other Customers, the Customer breaches the law or the provisions of these Terms and Conditions, or where blocking access to the Customer’s account and free services is justified on security grounds – in particular: where the Customer circumvents the security measures of the online shop or engages in other hacking activities. The blocking of access to the Customer’s account and free services for the reasons listed above shall last for the period necessary to resolve the issue giving rise to the blocking of access to the Customer’s account and free services. The Seller shall notify the Customer of the suspension of access to the Customer’s Account and free services by email to the address provided by the Customer in the registration form.

11 The Customer’s Obligations

By posting content and making it available, the Customer voluntarily disseminates it. The content posted does not reflect the Seller’s views and should not be equated with the Seller’s business activities. The Seller is not a content provider, but merely an entity that provides the necessary ICT resources for this purpose.
The customer declares that:

1. is entitled to exercise the economic rights under copyright, industrial property rights and/or related rights in respect of – as appropriate – works, industrial property rights (e.g. trade marks) and/or related rights, which constitute the content;
2. the inclusion and disclosure, as part of the services referred to in §10 of the Terms and Conditions, of personal data, images and information relating to third parties took place lawfully, voluntarily and with the consent of the data subjects;
3. consents to other Customers and the Seller viewing the published content, and authorises the Seller to use it free of charge in accordance with the provisions of these Terms and Conditions;
4. grants permission for the creation of derivative works within the meaning of the Act on Copyright and Related Rights.

The customer is not entitled to:

1. posting, in the course of using the services referred to in §10 of the Terms and Conditions, the personal data of third parties, and disseminating images of third parties without the authorisation required by law or the consent of the third party;
2. posting advertising and/or promotional content whilst using the services referred to in §10 of the Terms and Conditions.

Customers are prohibited from posting content which could, in particular:

1. be posted in bad faith, e.g. with the intention of infringing the personal rights of third parties;
2. infringe any third-party rights, including rights relating to copyright and related rights, industrial property rights, trade secrets or confidentiality obligations;
3. be of an offensive nature or constitute a threat directed at other people, or contain language that contravenes public decency (e.g. through the use of swear words or terms generally regarded as offensive);
4. conflict with the Seller’s interests;
5. otherwise breach the provisions of the Terms and Conditions, good manners, the provisions of applicable law, or social or moral standards.

Should the Seller receive a notification, it reserves the right to modify or remove content posted by Customers in the course of their use of the services, in particular with regard to content which, based on reports from third parties or the relevant authorities, has been found to potentially constitute a breach of these Terms and Conditions or applicable law. The Seller does not carry out ongoing monitoring of posted content.
The Customer consents to the Seller using, free of charge, the content posted by the Customer on the online shop’s website.

12 Processing of personal data

The data controller is the Seller, whose identification and contact details are set out for the first time in §1 of these Terms and Conditions under the heading „Seller”.
Personal data is processed in accordance with 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 (hereinafter referred to as the GDPR) and other generally applicable regulations.
The data collected by the Controller during the placing of an order and the conclusion of a sales contract is processed in connection with:

1. the necessity to perform the contracts you have entered into with the Controller, as well as the measures taken prior to the conclusion of those contracts at your request (Article 6(1)(b) of the GDPR),
2. the need to comply with a legal obligation to which the Controller is subject (Article 6(1)(c) of the GDPR).

When you subscribe to the newsletter, your personal data is processed on the basis of your consent to the processing of personal data for marketing purposes in connection with the sending of commercial communications in the form of a newsletter (Article 6(1)(a) of the GDPR).
The Customer’s personal data may be processed in connection with the Controller’s legitimate interest in safeguarding and pursuing claims (Article 6(1)(f) of the GDPR).
The provision of personal data is voluntary; however, it is required in order to place an order, enter into a sales contract and ensure its proper fulfilment.
The Customer’s personal data may be disclosed, depending on the chosen method of delivery and payment, to the selected carrier or agent handling shipments on behalf of the Controller for the purpose of delivery, as well as to the entity processing electronic payments or card payments, to entities providing hosting services and to IT service providers maintaining the online shop.
Personal data is retained for the duration of the contract (newsletter subscription) and for the period necessary to safeguard or pursue any potential claims arising from the contract; after-sales customer service (handling complaints) or to comply with a legal obligation imposed on the Controller (arising, for example, from accounting and tax regulations).
Personal data processed for marketing purposes and for purposes other than those listed above will be processed until the consent previously given for its processing is withdrawn.
Should the Controller intend to process personal data for a purpose other than that for which the personal data was collected, it is obliged to inform the Customer of such further processing and to provide all necessary information prior to such processing.
The data subject has the right to request from the data controller access to their personal data, the rectification, erasure or restriction of processing of such data, the right to object to the processing of their personal data, and the right to data portability. The customer also has the right to lodge a complaint with the supervisory authority.
Information regarding the Administrator’s obligation to protect Buyers’ data collected whilst making purchases in the Shop, in accordance with applicable legislation and in line with the highest standards of security and data protection, is set out in detail in the Privacy Policy (6. Protection of Personal Data).

13 Final Provisions

The seller shall be liable for any failure to perform or improper performance of the Contract of Sale.
The contents of these Terms and Conditions may be recorded by the Customer at any time by printing them, saving them to a storage device or downloading them.
In the event of a dispute arising from the concluded Sale Agreement, the parties shall endeavour to resolve the matter amicably. Polish law shall govern the settlement of any disputes.
The Seller informs the Customer of the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules governing access to these procedures are available at the offices or on the websites of the bodies authorised to handle disputes out of court. These may include, in particular, consumer ombudsmen or the Provincial Inspectorates of Trade Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php.
The seller hereby informs you that the online platform for the resolution of disputes between consumers and traders at EU level (the ODR platform) is available at http://ec.europa.eu/consumers/odr/.
The Seller reserves the right to amend these Terms and Conditions.
All orders accepted by the Seller for fulfilment prior to the date on which the new Terms and Conditions come into force shall be processed in accordance with the Terms and Conditions in force on the date the Customer placed the order. Amendments to the Terms and Conditions shall come into force within 7 days of their publication on the Shop’s website. The Seller is obliged to inform the Customer of the amendment to the Terms and Conditions 7 days before the new Terms and Conditions come into force, by means of an email containing a link to the amended text.
Should the Customer not accept the new terms and conditions, they are obliged to notify the Seller of this fact and may not place any new orders via the online shop.
These Rules and Regulations shall come into force on the date of their publication.