Terms of service

Terms and Conditions of the Online Store Crazymermaidstudio

1. General Provisions, Contact with the Shop Owner

1. These Terms and Conditions (hereinafter referred to as the "Regulations") set out the rules and conditions for using the online store Crazy Mermaid Studio, operating under the website address https://www.crazymermaidstudio.com
2. The owner of the Shop is Agata Żołądź, conducting unregistered business, located at Katedralna 8/5, 33-100 Tarnów (hereinafter referred to as the "Seller").
3. Contact details of the Seller are as follows:
   • Contact address: ul. Katedralna 8/5, 33-100 Tarnów
   • Email address: shop@crazymermaidstudio.com
   • Phone number: +48 794000333 (customer service hours are listed in the "Contact" section).
4. The point of contact for communication with the authorities of EU member states, the European Commission, and the Digital Services Council: shop@crazymermaidstudio.com. Communication may be conducted in Polish or English.

2. Technical Requirements

1. To use the Shop, the following are necessary:
   • A computer or other device with an internet browser.
   • Access to the Internet.
   • An active email address.

3. Personal Data

1. The personal data administrator of the Shop's customers is the Seller.
2. All information about the processing of personal data of customers, as well as other individuals using the Shop’s website, can be read in the Privacy Policy.

4. Conclusion of the Sale Agreement, Customer Account

1. The Shop allows for the purchase of goods (hereinafter "Goods"), displayed on the Shop's website, in two modes:
   • Without registration.
   • By creating an account in the Shop.
2. In both cases, in order to place an order, the customer must select the Goods in the Shop, add them to the "Cart" using the appropriate button, and continue the order process by choosing the appropriate options (delivery and payment method).
3. Information about the products in the Shop, i.e., descriptions and prices, constitute an invitation to conclude a sales agreement within the meaning of Art. 71 of the Civil Code, in accordance with the terms of the Regulations.
4. The condition for placing an order is filling in the required data in the order form necessary to execute the agreement, and possibly (at the customer's request) also data for generating a VAT invoice.
5. If the customer decides to create an account in the Shop (hereinafter "Account"), the registration is one-time, and the email address and password chosen by the customer are the basis for future logins. The details of the digital service of managing the Account provided by the Seller are available below in the Account Regulations. The Shop also allows logging into the Account via social media and/or a Google account. After logging into the Account, the customer has access to the history of their orders, and for subsequent orders, there is no need to re-enter personal data.
6. The customer can cancel their account at any time without incurring any costs. To do so, they should send a cancellation request to the email address: shop@crazymermaidstudio.com.
7. Approval of the order by the customer with the "Buy and Pay" button (or other button of the same meaning) means:
   • The submission of an offer to the Seller to purchase the Goods according to the options selected in the order and in accordance with these Regulations.
   • Acceptance of the obligation to pay for the Goods and their delivery costs.
8. The sale agreement (hereinafter "Agreement") is concluded at the moment the order is accepted by the Seller for fulfillment (acceptance of the customer's offer), which the Seller confirms by sending an email confirming the acceptance of the order for processing.
9. If the order for a Good (in whole or in part) cannot be fulfilled, the Seller will inform the customer about it – in such a case, the Agreement is not concluded. The Seller will simultaneously inform the customer of alternative ways of fulfilling the order, e.g., partial fulfillment of the order or waiting for the Seller to restock. If the order has been paid for in advance by the customer and is impossible to fulfill, the Seller will promptly refund the customer’s payment (depending on the scope of the canceled order).
10. The Seller will provide the customer with confirmation of the Agreement on a durable medium no later than when the Goods are delivered.
11. The Shop is not liable for failure to deliver the order or delay in delivery caused by the customer providing an incomplete/incorrect delivery address or failing to provide other necessary data for order fulfillment.
12. The Seller reserves the right to suspend the fulfillment of the order if the customer has provided false data or if there are justified doubts about the correctness of the provided data. In such a case, the Seller (if possible) will attempt to contact the customer to verify the truthfulness of the provided data.

5. Prices and Payment Methods

1. The prices of the Goods are given in Euro (EUR) and are gross amounts, i.e., including VAT.
2. The delivery cost of the Goods is provided separately in the Cart of the Shop, depending on the delivery method chosen by the customer.
3. The available payment methods are described on the Shop's website under the "Payment Methods" section and are presented to the customer during the order process (in the Cart).
4. The Shop offers the following payment methods:
   • Traditional bank transfer to the Seller's account
   • Fast electronic transfer / BLIK / payment via a virtual wallet - through the payment platform:
     ▪ Shoper Payments (Autopay)
     ▪ PayPal
     ▪ PayU
     ▪ Przelewy24
   • Card payment: Visa, Visa Electron, MasterCard, MasterCard Electronic
   • Deferred payment – via the operator indicated during the order process
5. If the customer chooses payment via a regular bank transfer, payment for the order should be made within 3 days from the submission of the order. If no payment is made within the aforementioned period, the Agreement is considered not concluded. The previous sentence does not apply in cases where the Seller offers customers deferred payment/installment payment via an external partner.
6. In the case of choosing payment via Shoper Payments, the entity providing online payment services for fast transfers and card payments is Autopay S.A.

6. Delivery of Goods

1. The delivery of Goods occurs according to the customer’s choice:
   • Via a courier company
   • Via Polish Post
2. Except for Goods collected by the customer in person, the order is considered fulfilled when the shipment is dispatched to the customer (handed over to the carrier). The exact actual delivery time is determined by the carrier.
3. Goods are dispatched by the Seller within 2 business days, unless a different time frame is clearly stated in the product description during the order process. Detailed fulfillment times are provided on the Shop’s website under the "Order Fulfillment Time" section.
4. The Seller normally processes orders within the territory of the Republic of Poland, with the costs indicated on the Shop's website in the "Delivery Time and Costs" section. International shipping is possible with the costs indicated on the Shop's website or costs individually agreed upon with the customer.

7. Withdrawal from the Agreement

1. The customer, who is a consumer or a privileged entrepreneur under Art. 7aa of the Consumer Rights Act (hereinafter "Privileged Entrepreneur"), has the statutory right to withdraw from the sales agreement within 14 days from receipt of the Goods, without giving a reason, subject to exceptions as stated below.
2. To meet the deadline for withdrawing from the agreement, it is sufficient for the customer to send a statement:
   • In electronic form to: shop@crazymermaidstudio.com or
   • In written form to: ul. Katedralna 8/5, 33-100 Tarnów.
3. The withdrawal statement can be submitted using the template available here, although the use of the template is not mandatory. The Seller will promptly send the customer an email confirming receipt of the withdrawal statement.
4. The customer should return the Goods at their own cost within 14 days to: ul. Katedralna 8/5, 33-100 Tarnów.
5. The Seller will refund the customer:
   • The price of the Goods.
   • The original delivery cost to the customer using the least expensive usual delivery method offered in the Shop, within 14 days from receiving the withdrawal statement.
6. The Seller may withhold the payment refund until the Goods are returned or at least until the customer provides proof of returning the Goods.
7. Refunds will be made using the same payment method the customer used for the initial transaction, unless the customer explicitly agrees to another solution.
8. The customer is responsible for the reduction in the value of the returned Goods if, before submitting the withdrawal statement, the Goods were used in a manner other than necessary to determine the nature, characteristics, and functioning of the Goods.

8. Exceptions to the Right of Withdrawal from the Sales Agreement

1. The right to withdraw from the agreement does not apply to contracts for the supply of Goods:
   • Not prefabricated, made according to the consumer's/Privileged Entrepreneur’s specification or serving to meet their individual needs (personalized goods);
   • Subject to rapid deterioration or with a short shelf life (perishable goods);
   • Delivered in sealed packaging, which cannot be returned after unsealing due to health or hygiene reasons (e.g., bathroom and kitchen tiles).

 

9. Complaints

1. The Seller is obligated to deliver goods to the customer that are in accordance with the Agreement.
2. In relation to consumers and Privileged Entrepreneurs, the Seller is responsible for the conformity of the goods under the provisions of the Consumer Rights Act. For other customers, the Seller is responsible under the provisions of the Civil Code.
3. Complaints may be submitted:
   ▪ electronically to the address: shop@crazymermaidstudio.com.
   ▪ or in writing to the address: ul. Katedralna 8/5, 33-100 Tarnów.
4. The Seller will consider the complaint in the form in which it was submitted (in writing or by email) within 14 days of receiving the complaint.
5. If dissatisfied with how the Seller handles the complaint, the consumer and Privileged Entrepreneur may (in addition to ordinary court proceedings) also use non-judicial methods for resolving complaints and seeking claims.
6. For this purpose, one may:
   1. contact the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings to amicably resolve the dispute,
   2. seek assistance from the district (municipal) consumer rights ombudsman or a consumer protection organization whose statutory tasks include consumer protection,
   3. use the ODR (Online Dispute Resolution) platform, which is designed for resolving disputes between consumers and entrepreneurs online, if the dispute concerns obligations arising from an agreement concluded via the internet. More information about the ODR platform can be found here,
   4. apply to a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded agreement.
7. Additional information regarding non-judicial methods of resolving complaints and seeking claims can also be obtained on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/.

 

10. Product Reviews

1. The Shop provides the option for customers to add product reviews (hereinafter "Reviews").
2. This functionality is available only to customers who have an Account and are logged in.
3. Reviews added by customers must be legal under the Digital Services Act (DSA) and comply with good manners, which means that Reviews may not contain:
   ▪ unlawful content;
   ▪ content contrary to good manners, including: offensive, pornographic, religiously offensive, or inciting racial, ethnic, or religious hatred;
   ▪ content that infringes on the rights of others, particularly intellectual property and privacy rights;
   ▪ commercial or advertising content, or content about products other than those offered in the Shop.
4. The Seller and/or the external provider of the customer satisfaction/review monitoring program may moderate Reviews, meaning that Reviews that do not comply with the Regulations will not be published or may be removed.
5. In the event of a Review being blocked or removed, the Seller will inform the customer, providing the justification. In such a case, the customer can file an appeal according to the procedures described in section X.6 of the Regulations.
6. Appeals regarding decisions related to Reviews (hereinafter "Appeal") can be submitted:
   ▪ electronically to the address: shop@crazymermaidstudio.com.
   ▪ or in writing to the address: ul. Katedralna 8/5, 33-100 Tarnów.
7. The Seller will promptly confirm receipt of the Appeal in electronic form (if the person filing the Appeal has provided an email address). The Seller will consider the Appeal in the form it was submitted (written or via email) within 14 days of receiving the Appeal.
8. Any person visiting the Shop may submit a notification (hereinafter "Notification") to the Seller if they believe that an illegal review has been posted in the Shop in accordance with the Digital Services Act (DSA) or is contrary to the Regulations. Notifications should be submitted electronically to: shop@crazymermaidstudio.com.
9. The Seller will promptly confirm receipt of the Notification in electronic form. The Seller will consider the Notification within 14 days of its receipt, providing justification. The person who submitted the Notification can appeal the Seller's decision according to the procedures described in section X.6 of the Regulations.
10. If dissatisfied with the Seller's decision on the Appeal, the person submitting the Appeal may use non-judicial dispute resolution methods as referred to in the Digital Services Act (DSA).
11. The Seller is not responsible for Reviews posted in the Shop by customers, provided that:
    ▪ they have no knowledge that the Review contains illegal content;
    ▪ they promptly take appropriate action to remove or block access to illegal content once they are made aware of it, particularly by promptly considering Notifications.

 

11. Final Provisions

1. Polish law applies to the agreements concluded in the Shop. The agreement is concluded in Polish or English.
2. None of the provisions of the Regulations exclude or in any way limit the rights of the consumer (or Privileged Entrepreneur) arising from the provisions of law.
3. The Seller may amend the Regulations at any time; however, such amendments will apply to orders placed after the publication of the new version of the Regulations. In the case of (i) previously concluded agreements for the provision of digital or electronic services, and (ii) customers who have an Account in the Shop – the customer will be notified of the change to the Regulations and the possibility of not accepting the new terms.
4. The Regulations are effective from 21-02-2025.

 

 

Account Terms for Crazy Mermaid Studio Store

 

1. General Provisions, Contact with the Seller

   1. These Account Terms ("Account Terms") define the rules and conditions for using a customer account ("Account") in the Crazy Mermaid Studio online store ("Store").
   2. These Account Terms constitute the terms of the electronic service under the Act on Providing Services by Electronic Means. The Account service is an additional and secondary service in relation to the Seller's main activity, which is offering customers the purchase of Goods. The Account service is provided free of charge.
   3. The Account Terms supplement the Store's Terms and Conditions. In cases not regulated by the Account Terms, the provisions of the Store's Terms apply to this service.
   4. The Seller's contact details regarding the Account service are the same as for the Store:
      ul. Katedralna 8/5, 33-100 Tarnów
      Email: shop@crazymermaidstudio.com.
      Phone: +48 794000333

2. Technical Requirements and Functionality of the Account Service

   1. The technical requirements for using the Account service are the same as those for using the Store and are indicated in section II.1 of the Store's Terms.
   2. By using the Account, the Store customer has the ability to:
      1. Save and store their personal data (including the delivery address), which allows making further purchases in the Store without the need to re-enter the address form.
      2. View the history of their orders.
      3. View the status of order fulfillment.

3. Agreement for the Account Service, Withdrawal from the Agreement, Account Termination

   1. Creating an Account by the customer is equivalent to entering into an agreement for the provision of the electronic service for an indefinite period. The customer may terminate the Account at any time without providing a reason. To do so, they must contact the Seller electronically at shop@crazymermaidstudio.com. The customer also has the statutory right to withdraw from the agreement for the Account service within 14 days from the conclusion of the agreement.

4. Complaints

   1. In relation to consumers and Privileged Entrepreneurs, the Seller is responsible for ensuring that the Account service is in accordance with the agreement, in line with the provisions of the Consumer Rights Act. For other customers, the Seller is responsible under the provisions of the Civil Code.
   2. Complaints regarding the Account service may be submitted to the Seller in accordance with the procedure set out in sections IX.3-5 of the Store's Terms.
   3. If dissatisfied with how the Seller handles the complaint, there is also the option to use non-judicial methods for resolving complaints and seeking claims, as described in sections IX.6-7 of the Store's Terms.

5. Personal Data

   1. Full information regarding the processing of customer personal data, including for the purposes of managing the Account, is available in the Privacy Policy.

6. Changes to the Account Terms

   1. The Seller may make changes to these Account Terms as indicated in section XI.3 of the Store's Terms. If the customer does not accept the new wording of the Account Terms, they may terminate the Account service agreement (by contacting the Seller electronically) with a 14-day notice period.

 

 

Newsletter Terms for Crazy Mermaid Studio Store

 

1. General Provisions, Contact with the Seller

   1. These Newsletter Terms ("Newsletter Terms") define the rules and conditions for the provision of the newsletter service by the Seller ("Seller") – the owner of the Bluebeetletiles online store ("Store").
   2. The Newsletter is a series of electronic messages sent by the Seller to the email address of the person who has given the appropriate marketing consent ("Subscriber"). These messages mainly contain commercial information about the Store and the Seller. They may also include other content related to the Seller's activities, the Store's industry, and possibly educational content that the Seller believes could be interesting and useful to the Store's customers or potential customers ("Newsletter").
   3. These Newsletter Terms constitute the terms of the electronic service under the Act on Providing Services by Electronic Means. The Newsletter service is an additional and secondary service in relation to the Seller's main activity, which is offering customers the purchase of Goods. The Newsletter service is free of charge.
   4. The Newsletter Terms supplement the Store's Terms and Conditions. In cases not regulated by the Newsletter Terms, the provisions of the Store's Terms apply to this service.
   5. The Seller's contact details regarding the Newsletter service are the same as for the Store:
      ul. Katedralna 8/5, 33-100 Tarnów
      Email: shop@crazymermaidstudio.com.
      Phone: +48 794000333

2. Technical Requirements and Functionality of the Newsletter Service

   1. To use the Newsletter service, it is necessary to have:
      1. A computer or other device with software that allows receiving email messages,
      2. An active email address,
      3. Access to the Internet.
   2. By using the Newsletter, the Subscriber can receive email messages from the Seller containing, among other things:
      1. Information about new products and promotions in the Store,
      2. Discount codes and/or information about other special benefits for Newsletter subscribers,
      3. Other content related to the Store and the Seller's activities, the Store's industry, and possibly educational content that the Seller believes could be interesting and useful to the Store's customers or potential customers.
   3. The Seller does not guarantee or declare a specific frequency for sending the Newsletter. The Seller determines the timing of the dispatch as well as the content of the commercial information included in the Newsletter.

3. Agreement for the Newsletter Service, Withdrawal from the Agreement, Cancellation of the Newsletter

   1. The agreement for the Newsletter service may be concluded:
      1. When a person visiting the Store fills out the appropriate form on the Store's website, providing their email address to receive commercial information,
      2. When placing an order in the Store – when the customer agrees to receive commercial information by ticking the appropriate checkbox in the shopping cart.
   2. The Seller may, as an incentive to subscribe to the Newsletter, offer potential Subscribers a bonus (gift, a so-called lead magnet) in the form of a discount code, digital content (e.g., a free e-book), or other benefit related to the Store’s activities (e.g., one-time free delivery of Goods) ("Bonus"). Information about the Bonus related to the Newsletter subscription will be available on the Store's website.
   3. The Bonus will be sent to the Subscriber's email address provided during the subscription immediately after the conclusion of the agreement for the Newsletter service. The Bonus will be provided in the appropriate digital form (e.g., a link to download the e-book, a discount code, a code to be entered in the appropriate field of the Store's shopping cart to receive free delivery).
   4. The agreement for the provision of the electronic Newsletter service is concluded for an indefinite period. The Subscriber may unsubscribe from the Newsletter at any time without providing a reason. To do so, they must:
      1. Click on the appropriate link in each message sent as part of the Newsletter or
      2. Contact the Seller electronically.
   5. The customer also has the statutory right to withdraw from the Newsletter service agreement within 14 days from its conclusion.
   6. The Seller may stop providing the Newsletter service at any time, and all Subscribers will be notified of this.
   7. If a Subscriber does not open the messages sent by the Seller as part of the Newsletter for more than 18 months, the Seller (with additional prior notice) will stop providing the Newsletter service to that Subscriber.

4. Complaints

   1. In relation to consumers and Privileged Entrepreneurs, the Seller is responsible for ensuring that the Newsletter service is in accordance with the agreement, in line with the provisions of the Consumer Rights Act. For other customers, the Seller is responsible under the provisions of the Civil Code.
   2. Complaints regarding the Newsletter service may be submitted to the Seller in accordance with the procedure set out in sections IX.3-5 of the Store's Terms.
   3. If dissatisfied with how the Seller handles the complaint, there is also the option to use non-judicial methods for resolving complaints and seeking claims, as described in sections IX.6-7 of the Store's Terms.

5. Personal Data

   1. Full information regarding the processing of customer personal data, including for the purposes of providing the Newsletter service, is available in the Privacy Policy.

6. Changes to the Newsletter Terms

   1. The Seller may make changes to these Newsletter Terms as indicated in section XI.3 of the Store's Terms. If the Subscriber does not accept the new wording of the Newsletter Terms, they may terminate the Newsletter service agreement with a 14-day notice period (by contacting the Seller electronically) or with immediate effect (in the manner indicated in section III.3 of the Newsletter Terms).