Sol y sirenas

TERMS AND CONDITIONS OF THE SOLYSIRENAS.COM ONLINE STORE

TERMS AND CONDITIONS OF THE SOLYSIRENAS.COM ONLINE STORE

Below we present the Terms and Conditions of our online store solysirenas.com (“Online Store”), which form the basis of all services provided by Magdalena Staszewska conducting business under the company name: TTO Magdalena Staszewska-Nowicka, VAT number: PL7393948520, address: Worławki 17, 11-008 Worławki, Poland. Through the Online Store, we offer each user an individual shopping and service experience tailored to their interests and needs. At solysirenas.com we sell products of the Sol y Sirenas brand.
These Terms and Conditions are addressed to all users and define the rules for registration and use of individual accounts, the sale of products via the Online Store, and the terms and conditions for the provision of free electronic services.
The Customer may contact the Online Store at the following email address: [email protected]
The Administrator of personal data processed in the Online Store in connection with the implementation of these Terms and Conditions is the Seller. Personal data is processed for the purposes, duration, and on the basis of the principles set out in the privacy policy published on the Online Store’s website. The privacy policy contains, in particular, the rules regarding the processing of personal data by the Administrator in the Online Store, including the legal basis, purposes, and duration of data processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the user of the Online Store or the Customer is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and the Seller’s statutory obligations).

§ 1 DEFINITIONS

Customer – an entity that is a user of the Store’s website, for whom services may be provided via the Online Store in accordance with the Terms and Conditions and applicable law.
Civil Code – the Civil Code Act of 23 April 1964 (Journal of Laws of 2024, item 1061, as amended).
Consumer – means a natural person performing a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
Individual Account – a panel assigned individually to the Customer after registering their data in the Online Store system, identified by the email address and password provided by the Customer in the Seller’s IT system, allowing the Customer to use additional features of the Store’s website.
Entrepreneur – means a natural person, legal person, or organisational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in their own name and performing a legal transaction directly related to their business or professional activity.
Entrepreneur with Consumer Rights – a natural person concluding a Sales Agreement directly related to their business activity, where the content of the agreement indicates that it does not have a professional character for that person, as determined in particular by the subject of their business activity as disclosed under the provisions on the Central Register and Information on Business Activity.
Terms and Conditions – means these terms and conditions.
Online Store or Store – refers to the website available at: https://solysirenas.com
Seller – refers to Magdalena Staszewska-Nowicka conducting sole trader business under the company name TTO Magdalena Staszewska-Nowicka, at the address Worławki 17, 11-008 Worławki, VAT number: 7393948520.
Product – means a product presented by the Seller in the Online Store for the purpose of sale.
Contact Details – the following details through which the Customer may contact the Online Store: email address: [email protected]
Sales Agreement or Agreement – a sales agreement for Products concluded between the Seller and the Customer, the terms of which are defined in particular by these Terms and Conditions. The Sales Agreement is concluded using means of distance communication, following acceptance of the Order by the Seller on the terms set out in these Terms and Conditions.
Newsletter – refers to an informational bulletin regarding news and promotions in the Online Store, to which the Customer has subscribed by entering their email address in the “Newsletter” field on the Store’s website and selecting the “Subscribe” option.

§ 2 GENERAL PROVISIONS AND RULES FOR USING THE STORE

Every Customer may access the Terms and Conditions at any time via the “Terms and Conditions” link on the Online Store’s website.
Information about Products listed in the Online Store, such as photos, descriptions, and prices, constitutes an invitation to conclude a sales agreement within the meaning of Art. 71 of the Civil Code, in accordance with the Terms and Conditions.
Photos and descriptions of offered products serve to present the specific product models indicated therein.
The minimum technical requirements necessary for compatibility with the IT system used by the Seller, including concluding a Sales Agreement and providing other electronic services, are: (1) a computer, laptop, or other multimedia device with internet access; (2) access to email and a valid email address; (3) a standard internet browser.
The following are not permitted:
a) using the Online Store for activities that would infringe the interests of the Online Store owner, in a manner contrary to the law, good practices, or infringing the personal rights of third parties,
b) providing unlawful content to the Store,
c) using the Store in a manner that disrupts its operation or undertaking IT or any other actions aimed at gaining access to information not intended for the Customer, including data of other Customers,
d) placing unsolicited commercial information within the Store, and using content posted on the Store’s website for purposes other than personal use.

§ 3 CONDITIONS FOR CONCLUDING A SALES AGREEMENT

The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the Online Store.
The price of the Product displayed on the Online Store’s website is given in Polish zloty and includes taxes. The Customer is informed about delivery costs (including transport, delivery, or postal service charges) and other costs, or where these cannot be determined in advance — about the obligation to pay them, on the Store’s website, including during the Order placement process and at the moment the Customer expresses their intention to be bound by the Sales Agreement.
The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order via the Order Form in the Online Store in accordance with the Terms and Conditions.
After the Order is placed, the Seller promptly confirms receipt and simultaneously accepts the Order for processing. Confirmation of receipt and acceptance for processing takes place by the Seller sending the Customer an appropriate email to the email address provided during the Order placement, containing at least the Seller’s statements confirming receipt of the Order, its acceptance for processing, and confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded at the moment the Customer receives the above email.
The content of the Sales Agreement is recorded, secured, and made available to the Customer by (1) making these Terms and Conditions available on the Online Store’s website and (2) sending the Customer the email referred to in point 4 above. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.

§ 4 DELIVERY

Delivery of ordered Products within Poland is carried out via: InPost Parcel Lockers / InPost Courier. Delivery of ordered Products for international shipments is carried out via the courier companies: InPost and FedEx.
Delivery of Products is limited to the territory covered by the borders of the European Union and the United Kingdom.
In the case of placing an Order for the purchase of a Product, delivery will be completed no later than 30 days from the date on which the Sales Agreement was concluded, unless otherwise agreed in the email sent by the Seller or through separate, direct arrangements between the Customer and the Seller.
Delivery takes place: I) to an address, II) to a self-service parcel locker.
Delivery costs are included on the Product page. Additionally, delivery costs will be indicated during the Order placement process.
The delivery timeframe may vary depending on the ordered Product and is counted from the date the Customer sends the Order. Information about the Order processing time is always provided at the time of placing the Order.
Proof of purchase is sent electronically via email.
In the case of an Agreement concluded by a Consumer or Entrepreneur with Consumer Rights, the Store bears the risk of accidental damage or loss of the product in transit. If Products are delivered with obvious damage caused during transport, we kindly ask that you report such damage to the carrier as soon as possible and contact us. Prompt reporting of damage noticed during transport helps us pursue our own claims against the carrier or transport insurer.
In the case of an Agreement concluded by a Customer who is not a Consumer or Entrepreneur with Consumer Rights, the risk of accidental damage or loss of the Product passes from the Seller to the buyer at the moment the Product is handed over to a carrier engaged in transporting goods of that type, or to a person or courier company designated by the buyer.

§ 5 PRICES AND PAYMENTS

Product prices are given in Polish zloty and include all components, including VAT, customs duties, etc. In the case of offers for Customers who are not Consumers or Entrepreneurs with Consumer Rights, product prices may be displayed excluding VAT, which will be clearly indicated in the Online Store.
The cost of shipping, which depends on the chosen delivery and payment method, must be added to the Product price.
The purchase price of the Product displayed on the Store’s website is final and binding from the moment the Customer receives an email confirming acceptance of the Order for the selected Products.
This price will not change regardless of any price changes introduced on the Store’s website or any promotional or sale campaigns launched.
The Seller reserves the right to change the prices of Products in the Store, introduce new Products to the Store, conduct and cancel promotional campaigns on the Store’s pages, or make changes to them in accordance with the Civil Code and other applicable legislation, provided that such changes do not affect the rights of persons who concluded Sales Agreements for Products offered by the Store prior to such changes, or the rights of persons entitled to benefit from a given promotion, in accordance with its terms and during its duration.
The Customer may pay using the following methods:
a) credit card payment via the Tpay.com and Stripe.com payment systems,
b) electronic transfer via the Tpay.com and Stripe.com payment systems,
c) prepayment to a bank account generated by the Tpay.com and Stripe.com systems,
d) BLIK system handled by the Tpay.com and Stripe.com payment systems,
e) traditional bank transfer after notifying Customer Service of problems with payment via the Tpay.com and Stripe.com systems. For the payment to be correctly recorded, the order number must be included in the transfer title.
7. The Seller issues invoices in the Online Store in electronic form in PDF format. In the case of placing an Order for the purchase of a Product, the Seller sends an electronic invoice to the Customer at the email address provided during the Order placement, within 7 days from the date of the Product being issued.

§ 6 COMPLAINTS PROCEDURE

The Seller takes steps to ensure the fully correct operation of the Online Store to the extent resulting from current technical knowledge and undertakes to remove within a reasonable time any irregularities reported by Customers.
If the Customer notices that a product does not conform to the order or is damaged, the Customer should immediately (within 7 days of receiving the parcel) submit a complaint by email to [email protected].
The complaint email must include:
a) the subject line: “Complaint”,
b) a detailed description of the problem and, where applicable, photographic documentation.
The Seller undertakes to process the Customer’s complaint within 14 days. If the information provided in the complaint is insufficient to process it and requires supplementation, the Customer is obliged to provide the missing information promptly upon request by the Store.
If the Store fails to respond to a complaint submitted by a Customer (Consumer or Entrepreneur with Consumer Rights) within 14 days from the date of its submission, the complaint shall be deemed accepted by the Store.
If the complaint is upheld, the Seller contacts the Customer by email with a proposal to repair the product or replace it with a new one. If replacement with a new defect-free product is not possible, the Store will refund the Customer the equivalent of the price of the complained product, or, with the Customer’s consent, provide them with another product available in the store. This does not affect the Customer’s right to submit a declaration of price reduction or withdrawal from the agreement in accordance with applicable regulations.
In the event of a complaint being rejected, the Customer will receive an email notification from the Seller explaining the reason for the rejection.
When a complaint is upheld in the case of a Customer who is a Consumer or Entrepreneur with Consumer Rights, the cost of returning the defective Product to the Seller is borne by the Seller; in the case of a Customer who is not a Consumer, the cost is borne by the Customer.
If the Customer agrees to a product exchange, the cost of re-delivery is borne by the Store.
The return parcel should be sent to: Sol y Sirenas, ul. Białostocka 20, 19-100 Mońki.

§ 7 WARRANTY

The Seller delivers Products free from defects. The Seller is liable to Customers who are not Consumers or Entrepreneurs with Consumer Rights if the Products are defective (Warranty) to the extent defined by the Civil Code.
For the avoidance of doubt, none of the provisions of these Terms and Conditions limits the rights of Consumers and Entrepreneurs with Consumer Rights afforded to them under the applicable laws of the Republic of Poland. Should any provision of such nature be identified, the applicable laws of the Republic of Poland shall apply, in particular the Consumer Rights Act and the Civil Code.

§ 8 WITHDRAWAL FROM THE AGREEMENT

A Consumer or Entrepreneur with Consumer Rights has the right, without giving any reason, to withdraw from the sales agreement for a Product purchased in the Store within 14 days from the date of delivery of the Product.
In the event of withdrawal from the agreement, the Consumer or Entrepreneur with Consumer Rights should return the undamaged product to: Sol y Sirenas, ul. Białostocka 20, 19-100 Mońki.
The Consumer or Entrepreneur with Consumer Rights is required to include in the return parcel a form — which may be handwritten or completed using our return form — containing the following information:

a) a statement that the parcel is a product return,
b) order number,
c) product name,
d) size of the returned product.

The Seller reserves the right to refuse a return if the above information is not included.
The Consumer or Entrepreneur with Consumer Rights should retain proof of postage in order to verify that the return was sent within the required timeframe.
Products must be returned in their original condition with all tags attached. The Seller reserves the right to refuse the return of clothing showing signs of use.
The cost of the return parcel is borne by the Consumer or Entrepreneur with Consumer Rights.
The Seller is obliged to promptly, no later than within 14 days from the date of receiving the withdrawal statement from the Consumer or Entrepreneur with Consumer Rights, refund all payments made by them, with the exception of the delivery cost. The Seller processes the refund using the same payment method used by the Consumer or Entrepreneur with Consumer Rights, unless the Consumer or Entrepreneur with Consumer Rights has explicitly agreed to a different refund method that does not entail any additional costs for the Seller.
The Consumer or Entrepreneur with Consumer Rights is liable for any reduction in the value of the Product resulting from use that goes beyond what is necessary to determine the nature, characteristics, and functioning of the Product.

§ 9 OTHER ELECTRONICALLY PROVIDED SERVICES

The Seller takes steps to ensure the fully correct functioning of the Store to the extent resulting from current technical knowledge and undertakes to remove within a reasonable time any irregularities reported by Customers.
In addition to enabling the conclusion of Sales Agreements via the Store in accordance with these Terms and Conditions, the Seller also provides the following free electronic services to Customers:
a) Newsletter service,
b) Individual Account service,
c) Product availability notification service.

To begin receiving the Newsletter service, the Customer must consent to receiving the Newsletter by entering their email address in the relevant field on the Store’s website and confirming this by clicking the activation link sent by the Seller to the Customer’s email address (the moment the Newsletter delivery service commences).
The Newsletter is provided free of charge for an indefinite period. The Customer may, at any time and without giving any reason, unsubscribe from the Newsletter, in particular by clicking the deactivation link in any Newsletter sent to the Customer by email, by sending an appropriate request to the Seller using the contact details provided, or by entering their email address in the “Unsubscribe from Newsletter” field on the Store’s website.
The Individual Account service is available after registering data in the Store system in accordance with the Terms and Conditions and consists of providing the Customer with an individual panel in the Seller’s IT system, allowing the Customer to use additional features of the Store’s website, such as modifying Customer data, maintaining the Customer’s session after logging into their Individual Account, storing and providing the Customer with order history, and tracking order statuses.
The Product availability notification service is available after completing the relevant field with an email address.
The Customer is entitled at any time to request that the Store cease providing the services referred to in paragraph 1. In such a case, the agreement for the provision of the Newsletter or Individual Account service is terminated, and the Seller has 14 days to delete the Individual Account or remove the Customer’s data from the database of persons who have consented to receive the Newsletter, subject to the personal data processing principles set out in the “Privacy Policy” document available on the Store’s website under the “Privacy Policy” tab.

§ 10 INTELLECTUAL PROPERTY

All content published on the website at solysirenas.com is protected by copyright and (subject to § 15 point 3 and elements posted by Service Recipients used under licence, transfer of economic copyright, or permitted use) is the property of Magdalena Staszewska-Nowicka conducting sole trader business under the company name TTO Magdalena Staszewska-Nowicka, registered in the Central Register and Information on Business Activity of the Republic of Poland.
Any use by anyone, without the express written consent of the Seller, of any element forming part of the content of the solysirenas.com website constitutes an infringement of the Seller’s copyright and results in civil and criminal liability.
All trade names, product names, company names, and logos used on the Store’s website at solysirenas.com belong to their respective owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions, and photographs presented on the Store’s website at solysirenas.com are used for informational purposes only.

§ 11 FINAL PROVISIONS

The Seller is entitled to unilaterally amend the Terms and Conditions in the event of: i) organisational or legal changes to the Seller and the Online Store, ii) changes to applicable laws relevant to the Online Store. The Seller will notify the Customer of any amendment to the Terms and Conditions by means of a message sent to the email address provided to the Seller by the Customer. Customers will be bound by the provisions of the new Terms and Conditions unless they terminate the agreement for the provision of electronic services within 14 days of being notified of the amendment. Amendments to the Terms and Conditions in relation to Sales Agreements concluded and Orders placed prior to the amendment do not affect their content or conditions.
The court with jurisdiction to resolve disputes with Consumers is the court with local jurisdiction in accordance with the applicable provisions of the Code of Civil Procedure.
Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court with jurisdiction over the Seller’s registered address. This provision does not apply to Customers who are natural persons concluding an agreement directly related to their business activity, where the content of the agreement indicates that it does not have a professional character for that person, as determined in particular by the subject of their business activity as disclosed under the provisions on the Central Register and Information on Business Activity.
Matters not regulated by these Terms and Conditions are governed by the generally applicable laws of the Republic of Poland, in particular the Consumer Rights Act, the Civil Code, the Act on the Provision of Electronic Services, and the Copyright and Related Rights Act.
These Terms and Conditions in their current wording enter into force on 15 July 2025.
Agreements concluded by the Seller are made in the Polish language.
Failure to accept the Terms and Conditions prevents the purchase of Products offered by the Store. The Store will enable the Customer to review the Terms and Conditions when placing an order.
All orders accepted by the Seller for processing before the date the new Terms and Conditions enter into force are processed under the Terms and Conditions in effect on the date the order was placed by the Customer. Customers with Individual Accounts will be informed of any changes to the Terms and Conditions via email.
A Customer who does not accept the changes introduced to the Terms and Conditions has the right to withdraw from the agreement for the provision of electronic services.