1. Acceptance of these Terms and Conditions
These UnitedSplinters.com Website Terms and Conditions (this “Agreement”) apply to your use of the UnitedSplinters website at http://www.unitedsplinters.com (the “Website”) and to any orders placed by you as a consumer via the Website and related pages. By viewing any page on the Website you accept that your use is governed by this Agreement.
2. Pages
a) In this Agreement, “UnitedSplinters” and “we” mean “Startup Capital sp. z o.o.”, a limited liability company incorporated under the laws of the Republic of Poland, EU (with its registered seat at Mazowiecka Street 11/49, 00-052 Warsaw, Poland, registered under KRS no. 0000519732, REGON no. 147368499, NIP no. 5252592445 in the Register of Entrepreneurs of the Polish National Court Register, share capital 5.000 PLN), whereas “you” or “Customer” means any entity that has placed an order through the Website acting as a consumer within the meaning of EU and Polish consumer protection laws, as well as any entity that has viewed the Website or any part of it.
b) To place an order via the Website you must be at least 18 years of age.
c) Non-consumers must contact UnitedSplinters through the Contact Form before placing orders via the Website, so that terms and conditions of such purchase may be established.
3. Amendments
UnitedSplinters may update or amend this Agreement from time to time, such amendments shall not apply to orders placed before the relevant amendments were posted on the Website. If you do not agree to the terms.
4. Orders
a) UnitedSplinters is an online shop focused on artistic products that enables its customers to place orders via the Website by filling the order form (adding the product to the basket, choosing the place and delivery method and payment method) and accepting it (button “Order and Pay”).
b) The sale of goods agreement is concluded upon receipt of an order confirmation sent from the e-mail address: system [at] unitedsplinters.com.
c) The Customer may cancel its order until it has been confirmed by UnitedSplinters. The cancellation is made by sending an appropriate message through the Contact Form. If the order is canceled, UnitedSplinters shall refund any payments made by the Customer or its payment processor.
d) Orders may be placed through the Website 24 hours a day.
e) UnitedSplinters shall proceed with orders placed via the Website immediately after sending the order confirmation to the Customer.
f) In order to place an order through the Website, the Client should have access to the Internet, to an Internet browser, and possess an e-mail address.
5. Promotions
UnitedSplinters may from time to time provide special offers (and withdraw them at any time) on the Website which may have more favorable conditions than regular offers posted on the Website under this Agreement, such conditions shall apply for the duration of the special offer and for the goods specified therein.
6. Payments
a) The prices of goods presented on the Website apply solely to orders placed through the Website.
b) The sale of goods by UnitedSplinters is subject to Polish VAT exemption quota, and hence prices presented on the Website include all applicable Polish taxes (more about potential taxes in destination state in case of abroad packages in point 8).
c) The following payment methods are available for orders placed via the Website:
– credit/debit cards
– online instant bank transfers in both above cases payments are processed by PayU S.A.
– regular bank wire transfers
7. Complaints and Returns
a) Any complaints regarding our Website or placed orders should be directed to:
– unitedsplinters [at] gmail.com
– Startup Capital sp. z o.o., Mazowiecka 11/49, 00-052 Warsaw, Poland
b) Any returns may be sent to the following address after giving notice in writing or by e-mail:
Startup Capital sp. z o.o., Mazowiecka 11/49, 00-052 Warsaw, Poland
8. Delivery and potential customs duties
a) The delivery time depends on the chosen delivery method:
– within 14 business days in case of choosing a courier firm
– within 3 business days in case of choosing “Paczkomaty”
– within 30 business days in case of orders sent abroad (processed exclusively by the Polish Post)
to the above time periods one should add no more than one working day for the processing of the order by UnitedSplinters.
b) UnitedSplinters shall not bear any responsibility for goods that were not picked up in time, in particular no refunds shall be made.
c) All ordered goods are shipped from Poland, an European Union member state. Therefore, the receipt of goods ordered from UnitedSplinters in the following states is not subject to customs duties:
all European Union member states, Andora, Iceland, Israel, Japan, Canada, Liechtenstein, Monaco, Mexico, Norway, South Korea, Republic of South Africa, San Marino, Switzerland, Turkey.
In all other cases the Client must determine by himself/herself whether the ordered goods are subject to customs duties. The Client must comply with all laws and regulations of the destination, this may include the obligation to pay local taxes.
If the package is subject to customs duties, taxes or similar fees in the destination state, such costs shall be borne exclusively by the Client. Likewise, all administrative procedures of the destination state must be complied with by the Client by himself/herself.
9. Right to withdrawal from the Agreement
a) If you are a consumer based in one of the European Union member states, you have the right to withdrawal from the sale of goods agreement concluded via the Website within 7 (seven) days after the receipt of goods.
b) The above right to withdrawal may be exercised for any or no reason.
c) In order to exercise the above described right to withdrawal you must contact UnitedSplinters:
– by email to: unitedsplinters [at] gmail.com
– or in writing to: Startup Capital sp. z o.o., Mazowiecka 11/49, 00-052 Warsaw, Poland, Poland clearly stating your will to withdraw from a given sale of goods agreement.
d) You only need to send the withdrawal statement within the specified time frame in order to comply with the above term.
e) You may send the statement on a form in accordance with the following specimen:
WITHDRAWAL FROM THE AGREEMENT
I ………………………………. hereby withdraw from the sale agreement
concluded with Startup Capital sp. z o.o. operating the online store under domain unitedsplinters.com, relating to order number ……………………………….
Location, date …………………………….
Name and surname ………………………………………………………….
f) In case of withdrawal from the agreement, the Client only bears direct costs of returning the purchased goods, unless its value decreased as a result of usage outreaching the needed to establish the characteristics and functioning of the goods.
g) The Client returns the goods at his own risk.
h) We will promptly send to your email (given during the conclusion of the agreement or another if it was given on the withdrawal statement) a confirmation of receipt of your statement of withdrawal from the sale agreement.
I) In case of withdrawal from the agreement it is deemed null and void, and the Client is obligated to return UnitedSplinters the purchased goods immediately, not later however than within 14 (fourteen) days from the day of withdrawal from the agreement. You only need to return the goods within the specified time frame in order to comply with the above term.
j) Within 14 (fourteen) days from the day of receipt of the withdrawal from the agreement statement sent by the Client, UnitedSplinters shall reimburse the Client all payments made by him, including costs of returning the goods, but if the Client chose another manner of returning the goods than the cheapest usual delivery method offered by UnitedSplinters, additional costs shall not be reimbursed.
k) The reimbursement of the purchase price shall be made with the same payment method which was used by the Client, in case of a card payment, the reimbursement shall be made directly to the card account.
l) UnitedSplinters may withhold the reimbursement of the purchase price until the receipt of the returned goods or delivery by the Client of a proof of returning the goods, depending which happened earlier.
10. Personal Data
a) When the Customer registers its user account with UnitedSplinters or places an order, the Customer will be requested to provide some personal data:
– username, name, surname, delivery address, cellular phone, email address, in case of an user account,
– name, surname, delivery address, cellular phone, email address, in case of an order placed by unregistered Client.
b) The controller of your personal data is Startup Capital sp. z o.o. with its seat in Warsaw, contact details:
– unitedsplinters [at] gmail.com
– Startup Capital sp. z o.o., Mazowiecka 11/49, 00-052 Warsaw, Poland
c) Your above data shall be processed by UnitedSplinters for the purpose of maintaining the Website, including the Customer account, concluding and executing the sale of goods agreement and this Agreement, in particular returns and other complaints (if any), and also for statistical purposes. Your data shall not be processed longer than necessary to maintain the Website or execute the sale of goods agreement or to evidence before relevant authorities that tax obligations have been upheld by UnitedSplinters and not longer than necessary to deal with claims, which may exist against the controller of personal data, no longer however than 10 (ten) years from the transfer of personal data.
d) The legal basis of processing your personal data are: the 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 (“GDPR”), the Polish Act on Personal Data Protection dated May 10, 2018, and the Polish Act on Providing Services by Electronic Means, dated July 18, 2002.
e) You have the right to file a complaint to the President of the Personal Data Protection Office in connection with the processing of your personal data by the controller (address: Urząd Ochrony Danych Osobowych, ul. Stawki 2, 00-193 Warszawa).
f) In accordance with the regulations of GDPR you have the right to access your data, its actualization, demand the transfer of your data, its erasure, put forward an objection to its processing, and demand to limit its processing, which shall not affect the execution of an already confirmed order.
g) In case of demand to transfer of data, its erasure, filing an objection with regard to processing of data, and the demand to limit the processing, you should delete your account and stop using the Website.
h) We use cookies. Cookies are small files that are stored on your computer. They enable us to monitor online activity.
i) We do not sell or otherwise transfer your data to third parties. This does not include trusted third parties who assist us in operating the Website or conducting our business (for ex. courier services, accounting firm). This also does not include the case of transferring to a third party all rights and obligations connected with the Website in the event that we intend to assign all rights to the Website to a third party. We may also release your data if we are required to do so by law or the order of court or other legitimate government body.
11. Disclaimer of Warranties
UnitedSplinters shall not bear responsibility for any delays caused by circumstances that constitute “force majeure”, e.g. war, riots, strikes, fire, blackouts, changed governmental orders. If such circumstances last for more than one month, both parties are entitled to terminate the sale of goods agreement with immediate effect.
12. Assignment
Any rights granted under this Agreement or under the sale of goods agreement or obligations connected therewith may not be transferred in any manner by you, but may be freely transferred by UnitedSplinters, insofar as any such transfer does not preclude the delivery of ordered goods or exercising other rights granted to him under the sale of goods agreement.
13. Linked Sites
The Website may contain links or advertisements to other websites, services or resources belonging to third parties, you should exercise caution in using third party sites.
14. Severability
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
– the validity or enforceability in that jurisdiction of any other provision of this Agreement;
– or the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
This Agreement contains the entire understanding of the parties hereto with respect to the transactions and matters contemplated hereby.
15. Applicable law
This Agreement shall be governed by laws of the Republic of Poland.
