Terms of service

Terms of service

 

These terms and conditions (the "Terms and Conditions") set out the rules on which Unism sp. z o.o. with its registered office in Warsaw, address: ul. Szpilmana 6, 02-634 Warszawa, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS number 0001083920, with NIP (tax identification number) 5214054757, REGON 527552740 (statistical number), the share capital of PLN 100,000.00 (the "Seller"), and Customers shall enter into remote contracts for the sale of goods by means of electronic communication through the unism.store.eu online store made available by the Seller (the "Store"), and set the terms and conditions for the provision by the Seller of free electronic services.

 

§ 1.

General Provisions

1.           These Terms and Conditions shall apply to all orders placed by the Customer for goods described in the Store, in respect of which the Seller has posted information about the possibility of their purchase (the "Goods").

2.           Contact details of the Seller - the owner of the Store:

Email address: info@unism.store.

Address for correspondence: Unism sp. z o.o., ul. Władysława Szpilmana 6, 02-634 Warszawa. 

§ 2.

Technical Requirements

1 In order for the Store to function properly, the following shall be required:

•             Internet connection;

•             an appropriately configured browser;

•             a current, active, and correctly configured e-mail account;

•             cookies and Java Script enabled;

•             a program for accessing and reading PDF files.

2.           In the event that the Customer uses hardware or software that does not meet the technical requirements specified above, the Store does not guarantee the correct operation of the service and stipulates that the quality and course of the Ordering procedure may be adversely affected. 

§ 3.

Personal Data

1.           The data controller is Unism sp. z o.o. with its registered office in Warsaw, ul. Władysława Szpilmana 6, 02-634 Warszawa, e-mail: studio@unism.eu.

2.           Contact details of the Data Protection Officer: e-mail: iod@unism.store.pl

3.           Purposes of personal data processing:

•             responding to correspondence addressed to us - the basis for processing is the pursuit of our legitimate interests as a controller in communicating with senders and recipients of correspondence;

•             performance of a contract - the basis for processing is the performance of a contract or taking the necessary steps at your request before entering into a contract;

•             newsletter - the basis for processing is your consent;

•             handling a complaint you have made - the legal basis for processing your personal data is the controller's legitimate interest in handling the complaint.

4.           Notwithstanding the above, we may process data in order to:

•             assert or defend against possible claims - the legal basis for the processing of personal data is the legitimate interest of the controller;

•             meet legal obligations (e.g. tax or accounting) - the legal basis is the fulfilment of legal obligations incumbent on the controller.

5.           Recipients of personal data are entities cooperating on the basis of civil law contracts concluded with the controller if it results from the scope of their competence, in particular providing and maintaining IT systems and software, online payment operators, as well as courier companies or postal operators for the purpose of shipping the purchased Goods.

6.           As the software provider of our Store is Shopify Inc. with its registered office in Canada, your data may be transferred to Canada, a third country - not a member of the European Union. This is possible, based on the European Commission's Decision 2002/2/EC on the adequate protection of personal data provided by the Canadian Personal Information Protection and Electronic Documents Act.

7.           In order to provide its services, Shopify Inc. uses subcontractors to whom it may transfer your data for the purpose of providing the service. A full list of subcontractors can be found at: https://help.shopify.com/pl/manual/privacy-and-security/privacy/subprocessors.

8.           Personal data shall be processed for not longer than is necessary to provide you with an answer, to achieve the purpose of the processing or to perform the contract, to revoke the consent you have given, or until you have lodged an objection (in the case of processing on the basis of a legitimate interest of the controller).

9.           The data may also be processed until the statute of limitations for possible claims expires or for a period prescribed by law (e.g. tax law).

10.        You shall have the right to request from the controller access to the personal data provided, the right to rectification, erasure, or restriction of processing, as well as the right to object to processing and the right to data portability (in case of contractual processing).

11.        You shall have the right to withdraw your consent to the processing of your data (in the case of newsletters) at any time without affecting the lawfulness of the processing carried out on the basis of your consent prior to its withdrawal.

12.        You shall have the right to lodge a complaint with the President of the Office for Personal Data Protection, ul. Stawki 2, 00-193 Warszawa.

13.        The provision of data is voluntary but is a necessary condition for responding to correspondence or for the performance of a contract or the provision of a contract-related service.

§ 4.

Goods Offered

1.           All Goods in the Store are brand new and free from physical and legal defects. Defects in the Goods shall not include differences in colour, texture, structure, minor irregularities or other visual aspects of the Goods, the possible presence of which is indicated on the Goods sheet and results from the manual, individual technological process for all Goods, which makes each product unique.

Here are the characteristic features that may naturally occur in the listed materials and are not considered defects:

Sand-cast metal – the casting process often results in a rough texture with small indentations, bumps, or grooves. During the pouring of molten metal into the mold, small air bubbles or voids may form on the surface.

Solid wood – wood has a natural grain pattern that can vary from straight to wavy or irregular. Knots, where branches once grew, may create harder, darker areas on the surface. It may also develop cracks, fine gaps, and natural color variations depending on the species and part of the wood.

Stone – naturally occurring patterns in materials like marble can create contrasting lines and colors. Stone may contain small inclusions of other minerals, such as quartz, fossils, or other natural elements formed during geological processes. Some stones are more porous, leading to small holes or surface irregularities. Color variations within a single slab result from the stone's natural origin.

Cast glass – during the casting process, air bubbles may form and remain within the glass as small holes or inclusions. Cast glass may also have an uneven surface texture due to the cooling and shaping process.

Leather – a natural leather with a unique patina that develops over time, featuring variations in color, grain structure, and possible natural marks such as scars, wrinkles, or creases, which emphasize its authentic and vintage character.

All these characteristics are inherent properties of the materials and are not considered defects but rather elements that highlight their authenticity and uniqueness.

2.           The Seller shall have the option to introduce temporary promotions (e.g. periodic price reductions).

3.           The Seller may change the prices of the Goods offered at any time by introducing a new price on the Goods page in the Store. Sales shall be made in accordance with the Terms and Conditions.

4.           Persons who have expressed their wish to receive the newsletter from the Seller may receive special discounts that they can use when making purchases in the Store. The rules of taking advantage of the discount are specified at the stage of consenting to subscribe to the newsletter, and in other not specified matters, the provisions of the Terms and Conditions shall apply.

5.           The information contained on the pages of specific Goods in the Store shall not constitute the Seller's offer within the meaning of the provisions of the polish Civil Code Act of 23 April 1964, but only an invitation addressed to the Customer to submit an offer. Placing an offer shall comply with the steps listed in § 5 of the Terms and Conditions.

§ 5.

Placing of Orders

 

1.           Orders can only be placed in the Store by adults who have full legal capacity, in the following steps:

I.             The Customer selects the Goods and adds them to the basket.

II.           By default, one click means the selection of one item of Goods, you can increase or decrease the number of items ordered in the shopping cart.

III.          The Customer chooses the form of payment and the method of delivery of the Goods.

IV.          If the Customer has a discount code, he/she can use it at the time of paying for the Goods.

V.           By moving further and approving the shopping cart, the Customer places an order and accordingly (i) logs in (if they have an Account with the Store), (ii) registers (an Account with the Store is created), (iii) purchases without registration (the Customer then has no access to an Account in the Store).

VI.          The Customer provides their shipping details and their contact details in the case of purchases without registration (if the Customer creates an Account in the Store, they additionally provide the e-mail address for logging in and set the password for the Account, and if the Customer purchases while logged in, they do not have to enter the data, provided that the data are not different from those provided by the Customer in the Store Account).

2.           Confirmation of the order by the Customer with the "Buy and pay" button (or any other equivalent wording) shall mean:

I.             making an offer to the Seller to purchase the Goods in accordance with the options selected in the order and in accordance with these Terms and Conditions,

II.           acceptance of the obligation to pay the price of the Goods and the costs of delivery,

III.          acceptance these Terms and Conditions,

3.           The Customer pays for the Goods when placing an order in the Store.

4.           The conclusion of the contract of sale (hereinafter referred to as the "Contract") occurs when the Seller accepts the order (acceptance of the Customer's offer). This shall be confirmed by the Seller within up to 7 calendar days by way of an e-mail containing (i) confirmation of the order, (ii) acceptance of the order for processing and (iii) information on completion of the order. The Customer is then informed of the dispatch of the Goods.

5.           If the Seller is not able to fulfil the order of the Goods (in whole or in part), it may not accept the order for fulfilment, in which case the Contract is not concluded. Any monies paid by the Customer shall be refunded immediately.

6.           In the case indicated in the section above, the Seller shall inform the Customer of this and at the same time indicate the existing possibilities of another manner of processing the order, e.g. partial processing of the order or waiting for the Seller to replenish the stock.

7.           The Seller shall provide the Customer with a confirmation of the conclusion of the Contract on a durable medium upon delivery of the Goods at the latest.

8.           The Store shall not be liable for non-delivery of an order or a delay in its delivery resulting from the Customer providing an incomplete / incorrect delivery address or failing to provide other data necessary for the order to be processed.

9.           The Seller reserves the right to suspend the execution of an order in a situation where the Customer has provided false data or where the data raise reasonable doubts as to their correctness. In such case, the Seller (if possible) shall attempt to contact the Customer in order to verify the accuracy of the data provided.

10.        In special cases, it shall be possible to place an order and process it outside the Store by e-mail. In such case, before placing an order, the Customer will receive the Terms and Conditions at their e-mail address and will be asked to accept the Terms and Conditions and thus confirm the wish to place an order, or the Customer will be asked to read them on the Store's website and confirm them.

§ 6.

Prices and Payment

1.           All prices of the Goods given in the Store correspond to the total price of the Goods, including any applicable taxes, excluding the cost of delivery, which is given separately in the Store's basket.

2.           The price quoted for the Goods displayed in the Store's offer is binding at the time the order is accepted for fulfilment.

3.           Payment for the ordered Goods can be made as follows:

•             by bank transfer to the Seller's bank account number, depending on the currency:

o             For PLN - PL19 1600 1462 1735 6981 1000 0001;

o             For GBP - PL08 1600 1462 1735 6981 1000 0005;

o             For EUR - PL62 1600 1462 1735 6981 1000 0003;

o             For USD - PL35 1600 1462 1735 6981 1000 0004;

•             electronic payment system via Shopify Payments - the payment service is provided by STRIPE PAYMENTS EUROPE LIMITED with its registered office at Ballaugh House, 73-79 Lower Mount Street, Dublin 2.

 

4.           If the Customer has chosen to pay by a standard bank transfer, payment for the order shall be made within 7 calendar days of its submission. If payment is not made within the aforementioned period, the Contract shall be deemed not concluded. The preceding sentence shall not apply if the Seller offers the Customer deferred payment/payment in instalments through an external payment operator.

5.           Fiscal receipts shall be issued for all the Goods ordered in the Store. The Customer shall each time request a VAT invoice instead of a receipt by ticking the appropriate box on the order form (in the field company name provide company name +VAT number). In such case, the Customer shall be obligated to provide the data necessary to issue a VAT invoice. For orders with 0% export VAT please register with B2B account.

6.           The Seller shall not be liable for incorrect or incomplete invoice details provided by the Customer.

7.           By accepting these Terms and Conditions, the Customer agrees that an electronic receipt (electronic VAT invoice) may be sent to the Customer's e-mail address indicated by the Customer in the order.

8.           The payment shall be considered to have been made as soon as the payment is confirmed by the payment operator or the Seller's bank account is credited. Once the payment has been made, the Seller shall immediately accept the order for processing by sending a confirmation to the e-mail address indicated by the Customer.

§ 7.

Delivery of Goods

1.           Delivery of the Goods shall be carried out by the entity cooperating with the Seller regarding the delivery of the Goods, indicated each time to the Customer while placing the order.

2.           Except for the Goods collected by the Customer in person, the order shall be deemed fulfilled as soon as the consignment is dispatched to the Customer (handed over to a carrier offering transport services). The exact actual date of delivery shall be determined by the carrier.

3.           The Goods shall be dispatched by the Seller within 5 working days unless a different deadline is explicitly stated in the description of the Goods when the Customer places the order. Detailed lead times are given on the Store's website under the "Lead times" tab.

4.           The Seller normally handles orders within the territory of the Republic of Poland against payment of the costs indicated on the Store's website under the "Delivery time and costs" tab.

5.           Shipping abroad shall be possible against payment of the costs indicated on the Store website or the costs individually agreed with the Customer.

6.           Customers are requested to check the contents of their parcels, if possible, in the presence of the courier and, if the Goods are found to be damaged in transit, to draw up a damage report with the courier. The customer has the option of not picking up the package if he sees that it is damaged, however, if he receives a damaged package, please take pictures of the package, damage and send to the Seller (via e-mail: info@unism.store), which will facilitate the complaint procedure with the courier company.

§ 8.

Account in the Store

1.           Registration is voluntary. You can delete your account at any time by logging in or by sending an e-mail to the Seller at the Customer service address: info@unism.store.

2.           The deletion of the Account entails the deletion of the data stored in it. The Seller may store information on the Customer's orders in the Store for the purpose of establishing, asserting, or defending against legal claims, in accordance with § 3 of the Terms and Conditions.

3.           The Seller shall have the right to delete the Account without informing the Customer if the Customer has not logged into it for more than 2 years.

§ 9.

Withdrawal from the Contract of Sale of Goods

1.           A Customer who is a consumer or an entrepreneur as referred to in Article 7aa of the polish Consumer Rights Act (hereinafter referred to as the "Consumer") may withdraw from the Contract within 14 days of receipt of the delivery.

2.           In order to meet the withdrawal deadline, it shall be sufficient for the Consumer to send a statement within the aforementioned deadline:

•             in electronic form to: help@unism.store or

•             in writing to the following address: Unism sp. z o.o. ul. Władysława Szpilmana 6, 02-634 Warszawa.

3.           The statement of withdrawal from the Contract may be submitted in accordance with the template indicated in Appendix No. 1 to the Terms and Conditions, however the use of the template shall not be obligatory. The Seller shall immediately send to the Consumer an e-mail confirmation of receipt of the statement of withdrawal from the Contract.

4.           Then, within the next 14 days, the Consumer shall send back the returned Goods at their own expense to the postal address of Unism sp. z o.o. ul. Władysława Szpilmana 6, 02-634 Warszawa, Poland. Please send the Goods back in their original packaging.

5.           The Goods sold in our store are delicate and must be carefully secured for transport. The original packaging is the best option for this purpose. If the Consumer does not have the original box, they must secure the item in another way, at their own cost. In case of damage during transport due to improper packaging by the Consumer, the Seller may refuse to accept the return. If you don't have the original box, please contact us, and we will advise you on the best way to secure our Goods.

6.           The right of withdrawal from a contract concluded remotely shall not apply to an entity other than the Consumer.

7.           Any liability of the Seller towards a Buyer who is not a Consumer, shall be excluded to the extent permitted by law.

8.           In the case of return of the Goods (withdrawal from the Contract), the Seller shall attempt to refund the money in the same manner in which the payment was made, unless the Consumer expressly agrees to return by another manner, i.e. bank transfer, as soon as possible - within 14 days from the date of receipt of information about the return of the Goods, provided that the Goods are received or a confirmation is made that the Goods have been returned in an unaltered condition, i.e. undamaged, without signs of use, not soiled or otherwise modified.

9.           If the Goods received are faulty, please inform the Seller as soon as possible after receipt of the consignment.

10.        The right of withdrawal shall not apply to contracts for the supply of goods which are not prefabricated, produced to the consumer's specifications, or intended to meet the Consumer's individual needs (personalised goods). The right of withdrawal shall not apply  to “made-to-order” Goods.

11.        In the case of purchase of the Goods from our store by the Customer from outside the EU, please carefully read the product description and terms of purchase before the transaction. Please note that the Customer is responsible for all customs and tax fees associated with the possible return of the Goods. In addition, in the case of returning a package from outside the EU, the refund is transferred to the Customer's account after the package is delivered to the Seller.

12.        If the Consumer from outside the EU refuses to accept an international shipment (especially to a country with customs duties) for any reason (other than visible damage to the shipment), the Seller reserves the right to issue an invoice to the Consumer for the return shipping costs, as well as any customs duties (for returning the product to the country of origin). The amount of these costs will be directly deducted from the order refund, or the refund will be contingent on the payment of this fee.

§ 10.

Liability for Non-conformity of the Goods with the Contract

1.           The Seller shall deliver the Goods to the Customer in accordance with the Contract.

2.           The Seller shall bear liability towards Consumers regarding the conformity of the Goods with the Contract in accordance with the provisions of the polish Consumer Rights Act. The Seller shall bear liability towards other Customers according to the provisions of the polish Civil Code.

3.           Complaints can be filed:

•             in electronic form to: help@unism.store;

•             or in writing to the following address: Unism sp. z o.o., ul. Władysława Szpilmana 6, 02-634 Warszawa, Poland.

4.           If the Goods are inconsistent with the Contract, the Consumer may make a statement on price reduction or withdraw from the Sales Contract, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective Goods with defect-free ones or removes the defect. This limitation shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to fulfil the obligation to replace the Goods with defect-free goods or remove the defect.

5.           The Consumer may, instead of rectification of defects proposed by the Seller, demand replacement of the Goods with defect-free ones or, instead of replacement of the Goods, demand rectification of the defect, unless bringing the Goods into conformity with the Sales Contract in a manner selected by the Consumer is impossible or would require excessive costs as compared to the manner proposed by the Seller. When assessing the excessive costs, the value of the defect-free Goods, the type and significance of the defect found, as well as the inconvenience to which the Consumer would be exposed by another way of satisfaction shall be taken into account.

6.           The Consumer may not withdraw from the Sales Contract if the non-conformity of the Goods with the Contract is immaterial.

7.           The Seller's liability for non-compliance of the Goods with the Agreement shall last for 2 years from the date of delivery of the Goods to the Consumer.

8.           Only Consumers shall be entitled to the rights on account of non-conformity of the Goods with the Contract. The Parties to the Sales Contract - the Customer who is not a Consumer and the Seller, exclude the warranty for defects between themselves, but the Parties may agree otherwise by negotiation.

9.           In order to meet claims for non-compliance of the Goods with the Contract, the Goods shall be delivered at the Seller's expense, via the shipping method indicated by the Store. The Consumer shall also indicate their details, including e-mail address. The Consumer may use the contact form included in the Store. The Store shall not accept parcels sent back on the cash-on-delivery basis and not packaged in the original box or  with proper protection.

10.        The Seller shall respond to the complaint and the Consumer's request within 14 calendar days by sending a written notice to the Consumer or a notice sent to the Consumer's e-mail address.

11.        In the event of dissatisfaction with the manner in which the complaint was handled by the Seller, the Consumer may (in addition to the standard proceedings before a common court of law) also make use of out-of-court methods of handling complaints and claims.

12.        For the above purpose, the Customer may:

•             apply to the regional inspector of the Trade Inspection for initiating mediation proceedings aimed at an amicable settlement of the dispute,

•             seek the assistance of the district (municipal) consumer ombudsman or a civic organisation whose statutory tasks include consumer protection,

•             use the ODR (Online Dispute Resolution) platform for the online resolution of disputes between consumers and traders if the dispute concerns obligations arising from a contract concluded online. More information about the ODR platform can be found here,

•             apply to a permanent amicable consumer court to resolve a dispute arising from the Contract.

13.        Additional information on out-of-court complaint and redress procedures can also be obtained from the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/.

§ 11.

Intellectual Property

1.           It shall be forbidden to use any materials published on the Store’s website (including photos and descriptions of Goods) without the written consent of the Seller. All Goods presented in the Store constitute the intellectual property of the Seller.

2.           The Seller endeavours to present the Goods as faithfully as possible in terms of  their composition and colours. The way the colours are displayed depends on the operating system and hardware used. We cannot guarantee that your computer, monitor or mobile device will faithfully reproduce the colours and be identical to the Goods supplied.

§ 12.

Final Provisions

1.           Polish law shall apply to Contracts concluded in the Store.

2.           Nothing in the Terms and Conditions excludes or in any way limits the rights of the Consumer (and the Preferred Trader) under the law.

3.           The Seller may amend the Terms and Conditions at any time, with such amendments applying to orders placed after the publication of the new version of the Terms and Conditions, and in the case of (i) previously concluded digital or electronic service contracts and (ii) customers with an account in the Store - the Customer shall be notified of the amendment to the Terms and Conditions and the possibility of not accepting the new wording.

4.           The Terms and Conditions shall come into force as of 11.12.2023.

 

 

MODEL CONTRACT WITHDRAWAL FORM

 

First Name *

 

Last Name *

 

E-mail *

 

Country/Region *

 

Company Name (optional)

 

Subject

 

Order Number *

 

Message *

 

☐ I accept the Terms and Conditions.

 

File Upload

 

If something is wrong, please take pictures of the package from all sides, fill out a damage report in the presence of the courier, and send us the photos, a description, and the order number. We will do our best to resolve the issue in the most convenient way for you.