1 Preliminary provisions
1.1 The online store TALK LESS DO MORE, available at the following address.
Internet address: www.talklessdomore.pl, is run by Michał Kapuściński,
conducting business activity under the name DORRO STUDIO Projektowe Michał
Kapuściński, entered in the Central Register of Business Activity and Information (CEIDG) maintained by the Minister of Economy, NIP: 6572551684, REGON: 260438433.
2.2 These Terms and Conditions are addressed to Consumers and define the rules and procedure for
concluding a Distance Sales Agreement with the Consumer through the Store.
2 Definitions
2.1. Consumer – a natural person concluding a contract with the Seller through the Shop, the subject of which is not directly related to his/her economic or professional activity.
2.2. Seller – a natural person conducting business under the name of DORRO STUDIO Projektowe Michał Kapuściński, registered in the Central Register of Business Activity and Information (CEIDG) maintained by the Minister of Economy, Tax Identification Number (NIP): 6572551684, Business Identification Number (REGON): 260438433.
2.3. Customer – any entity making purchases through the Store.
2.4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal entity, to which a separate law grants legal capacity, performing in its own name a business that uses the Store.
2.5. Shop / online store operated by the Seller at the Internet address: www.talklessdomore.pl.
2.6. Contract concluded at a distance – a contract concluded with a Customer within an organized system of contract conclusion at a distance (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
2.7. Rules and Regulations – these rules and regulations of the Store.
2.8. Order – the Customer’s declaration of will submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
2.9. Account – Customer’s account at the Store, which stores data provided by the Customer and information about Orders placed by him/her at the Store.
2.10. Registration form – a form available at the Shop, allowing to create an Account.
2.11. Order form – an interactive form available at the Store that allows you to place an Order, in particular by adding Products to the Basket and determining the terms of the Sales Agreement, including delivery and payment methods.
2.12. Shopping Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the details of the Order, in particular the quantity of products.
2.13. Product – a movable item/service available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.
2.14. Sales Agreement – a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.
3 Contact with the Store
3.1. Address of the Seller: DORRO STUDIO Projektowe Michał Kapuściński, ul. Bałuckiego 9a/16, 30-318 Kraków.
3.2. e-mail address of the Seller: hello@talklessdomore.pl.
3.3. Seller’s phone number: +48 697 473 319
3.4. Seller’s bank account number, mbank: PL 65 1140 0000 3302 8294 8725
3.5. the Customer may communicate with the Seller using the addresses and telephone numbers
telephone numbers specified in this paragraph.
3.6. The Customer may communicate with the Seller by telephone between 9:00 a.m. and 4:00 p.m. Monday till Friday.
4 Technical requirements
4.1 In order to use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:
a. final device with access to the Internet and an Internet browser. We recommend using current versions of browsers such as Chrome, FireFox, Safari, Opera, Microsoft Edge, etc.,
b. active electronic mail (e-mail) account,
c. cookies and JavaScript enabled.
5. General information
5.1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
5.2. Browsing the assortment of the Store does not require creating an Account. Placing orders by the Customer for Products in the assortment of the Store is possible either after creating an Account in accordance with the provisions of item. 6 of the Terms and Conditions or by providing the necessary personal and address data to enable the processing of an Order without creating an Account.
5.3. Prices given in the Store are given in Polish zloty and are gross prices (including VAT).
5.4. the final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
5.5. When the nature of the subject matter of the Contract does not allow, reasonably judging, to calculate in advance the amount of the final (final) price, information about the manner in which the price will be calculated, as well as about transportation, delivery, postal service fees and other costs, will be provided in the Store in the Product description.
6. Creating an Account in the Store
6.1. In order to create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: name, surname, address of residence, e-mail address, telephone number.
6.2. Establishing an Account in the Store is free of charge.
6.3. Logging into the Account is done by providing the login and password established in the Registration Form.
6.4. The Customer has the option to delete the Account at any time, without giving any reason and without incurring any fees for this, by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses given in item 3.
7 Principles of placing an Order
1.7. The Seller makes it possible to purchase the Goods on the website of the Online Store, using the ordering procedure described below via a form.
7.2. The contract of sale of the Goods is concluded between the Customer and the Seller.
7.3. The Seller accepts orders placed online 24 hours a day, on all days of the week. Orders placed on Saturdays, holidays and public holidays will be processed on the first working day following the day on which the order was placed.
7.4. In order to place an order via the Order Form, the Customer selects a Product available on the Online Store, specifying the quantity he/she intends to purchase and, if possible, indicating the characteristics (color, size) of the ordered Product. After selecting the Product (adding the Product to the “Basket” through the functionality available in the Online Store), the Customer fills out the Order Form indicating in it the data necessary for the Seller to execute the order and the method of delivery of the Product.
7.5. Up to the moment of approving the selection of Products with the “Buy and pay” button, the Customer has the possibility to make changes and modifications to the Products in the Order, as well as to the contact details for shipping or invoice. The Customer’s approval of the order by using the “I buy and pay” button is tantamount to the Customer’s offer to conclude a Sales Contract, in accordance with the content of the order placed by the Customer and the Store Regulations.
7.6. Upon receipt of an order, the Seller shall send to the Customer, via e-mail to the e-mail address provided during order placement, a statement of acceptance of the offer, which at the same time constitutes confirmation of the Order. Upon receipt of the message by the Customer, a Sales Contract is concluded.
7.7. The Order confirmation indicated in item. 7.6 includes in particular: the quantity and type of ordered Product, the total price to be paid.
7.8. If the Customer wants to receive a VAT invoice, he/she should inform the Seller about it by checking the appropriate box when placing an Order.
7.9. The Seller reserves the right to refuse the execution of the Order, if the data provided is so vague that it prevents the execution of the Order, in particular, prevents the proper delivery of the shipment. Before refusing to execute the Order, the Seller will attempt to contact the Customer in order to determine the data to the extent that allows the execution of the order.
7.10. The Sales Contract is concluded between the parties in accordance with Polish law and with the content consistent with these Regulations of the Store and the Order placed by the Customer.
7.11. The Sales Agreement is concluded for a definite period of time – until the completion of the Order (one-time performance).
8 Methods and terms of payment for the product
8.1. The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:
a. payment by bank transfer to the Seller’s bank account specified in the order and item. 3.4
b. electronic payment and payment by credit card through the Przelewy24.pl website – possible current payment methods are specified on the Online Store website in the Payment Methods tab and on the website: https://www.przelewy24.pl. Settlement of electronic payment transactions is carried out according to the Client’s choice through the Przelewy24.pl service. Processing of electronic payments is carried out by: PayPro SA (PayPro) – Entity providing the Service to Users, based in Poznań, at ul. Pastelowa 8 (60-198), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, VIII Economic Department of the National Court Register under the KRS number 0000347935, NIP number 7792369887, with a share capital of PLN 5,476,300.00, fully paid up and in the register of national payment institutions kept by the Polish Financial Supervision Authority under the number UKNF IP24/2014.
c. PayPo deferred payment – after approving your purchase, you log in to PayPo, if you do not have an account there, you must create one beforehand. PayPo pays your order, and you have 30 days to repay the obligation. Remember before the 30 days are up, you must make your payment with PayPo. Deferred payment service is provided by: PayPro SA (PayPro) – Entity providing the Service to Users, based in Poznań, at ul. Pastelowa 8 (60-198), registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, VIII Economic Department of the National Court Register under KRS no.: 0000347935, NIP no.: 7792369887, with a share capital of: PLN 5,476,300.00, fully paid up and to the register of national payment institutions kept by the Financial Supervision Commission under the number UKNF IP24/2014.
8.2. Payment term:
a. if the Customer chooses payment by bank transfer, electronic payment, the Customer is obliged to make payment within 2 calendar days from the date of conclusion of the contract, i.e. receipt of the confirmation email, in accordance with Section 7.6. In case of non-payment within the specified period, the Sales Contract is terminated. To purchase the Product, it is necessary to re-submit the Order in accordance with the provisions of the Store Regulations.
b. in the case of choosing PayPo deferred payment, the Customer has 30 days to repay his obligation to PayPo.
9. Cost, methods and date of delivery and collection of the Product
9.1. The delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation fees) are indicated to the Customer on the pages of the Online Store in the information tab Delivery time and during the placement of the Order, including when the Customer expresses his/her will to be bound by the Sales Agreement.
9.2. Personal collection of the Product by the Customer is free of charge.
9.3. The Seller shall make available to the Customer the following methods of delivery or collection of the Product:
a. courier delivery,
b. personal collection – available at the address: ul. Bałuckiego 9a/16, 30-318 Kraków – on working days, from 9:00 a.m. to 5:00 p.m., by appointment.
9.4. The deadline for delivery of the Product by courier service to the Customer ranges from 5 working days (for Products available in the Seller’s warehouse) to 10 working days (for Products manufactured to Order), unless a shorter deadline is specified in the description of the given Product or during Order placement. In the case of Products with different delivery dates, the delivery date is the longest date given, which, however, cannot exceed 10 working days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
a. if the Customer chooses the method of payment by bank transfer, electronic payment – from the date of crediting the Seller’s bank account or settlement account.
9.5. If the Customer chooses to pick up the Product in person, the Product will be ready for collection by the Customer within 1 working day (for Products available in the Seller’s warehouse) to 7 working days (for Products manufactured to Order), unless a shorter period is specified in the description of the Product or in the course of placing the Order. In the case of Products with different readiness-to-collect dates, the readiness-to-collect date is the longest date given, which, however, cannot exceed 7 working days. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the Order. The beginning of the period of readiness of the Product for collection by the Customer is calculated as follows:
a. if the Customer chooses the method of payment by bank transfer, electronic payment – from the date of crediting the Seller’s bank account or settlement account.
9.6. Delivery of the Product takes place on the territory of Poland, Europe and the USA.
10. Right to withdraw from the contract
10.1. The Customer may withdraw from the Sales Agreement within 14 days without giving any reason.
10.2. The time limit specified in item. 10.1 shall start from the delivery of the Product to the Customer or a person other than a carrier indicated by the Customer.
10.3. The Customer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Contract it is sufficient for the Customer to send the statement before the deadline.
The form for complaint/return of goods can be found here.
10.4. The statement may be sent by traditional mail or by
electronically by sending the statement to the e-mail address of the Seller. Vendor – the contact details of the Vendor are specified in Section 3. The statement can also be submitted on the form, the model of which is attached as Appendix 1 to these Rules of the Store and Appendix to the Act of May 30, 2014 on consumer rights, but it is not mandatory.
10.5. If the Customer sends a statement by electronic means,
Seller shall immediately send to the Customer at the email address provided by the Customer a confirmation of receipt of the statement of withdrawal from the Agreement.
10.6. Effects of withdrawal from the Contract:
a. in the case of withdrawal from the Contract concluded at a distance, the Contract is considered not concluded.
b. in the case of withdrawal from the Contract, the Seller shall return to the Customer immediately,
no later than within 14 days from the date of receipt of the Customer’s statement of withdrawal from the Sales Agreement, all payments made by the Customer, including the costs of delivering the items, except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery offered by the Seller.
c. the Seller will refund the payment using the same methods of payment that were used by the Customer in the original transaction, unless the Customer has expressly agreed to a different solution that will not incur any costs for him.
d. The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of its return, whichever event occurs first.
e. The Customer should send back the Product to the Seller’s address given in these Terms and Conditions in item. 3 immediately, no later than 14 days from the day on which he informed the Seller about withdrawal from the Contract. The deadline will be met if the Customer sends back the Product before the expiration of the 14-day period. The returned Product must be packed in a cardboard box, must be stuffed and have no defects or signs of use.
f. The Customer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by mail in the usual manner.
g. The Customer shall be liable only for the diminished value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.
10.7. If, due to its nature, the Product could not be sent back in the usual way by mail, information about this, as well as about the cost of returning the Product, will be located in the description of the Product in the Store.
10.8. The right of withdrawal from a contract concluded at a distance does not apply to the Customer with respect to the Contract:
a. in which the subject of performance is a non-refabricated thing, produced to the Consumer’s specifications or serving to meet his individualized needs,
b. in which the subject of performance is an item supplied in a sealed package, which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery,
c. in which the subject of performance is a perishable item or an item with a short shelf life,
d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the Seller’s performance will lose the right to withdraw from the Agreement,
e. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawal from the Agreement,
f. in which the subject of performance are things which, after delivery, by their nature, are inseparably combined with other things,
g. in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, and the delivery of which can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control,
h. in which the subject of the provision are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery,
i. for the supply of newspapers, periodicals or magazines, except for a subscription contract,
j. for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the Contract.
11. Complaint and warranty
11.1. The Contract of Sale covers new Products.
11.2. In the event of a defect in the goods purchased from the Seller, the Customer shall have the right to make a complaint based on the warranty provisions of the Civil Code.
11.3. The complaint shall be reported in writing or electronically to the Seller’s addresses given in these Regulations.
11.4. Goods sent back under the complaint procedure should be sent to the address given in item. 3 of these Regulations of the Store
11.5. the Seller shall respond to the Customer’s complaint within 14 calendar days from the date of its receipt together with the Product to which it relates.
12 Out-of-court ways of dealing with complaints and claims
12.1. Detailed information on the possibility of using out-of-court procedures for handling complaints and pursuing claims by the Customer, as well as the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include protecting consumers, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory konsumenckie.php;
http://www.uokik.gov.pl/sprawy_indywidualne.php and
http://www.uokik.gov.pl/wazne_adresy.php.
12.2. The customer has the following examples of out-of-court ways of handling complaints and claims:
a. The Customer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
b. The Customer is entitled to apply to the provincial inspector of the Commercial Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller.
c. The Customer may obtain free assistance in resolving a dispute between him and the Vendor, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).
13. Personal data in the Online Store
13.1. The administrator of the Customers’ personal data collected via the Online Store is the Seller.
13.2. The personal data of the Clients collected by the administrator through the Internet Shop are collected for the purpose of implementation of the Sales Agreement, and if the Client agrees – also for marketing purposes.
13.3. The recipients of the personal data of the Customers of the Online Store may be:
a. in the case of a Customer who uses the method of delivery by mail or courier service in the Online Store, the Seller makes the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Seller.
b. in the case of a Customer who uses the method of electronic payment or payment card at the Online Store, the Seller makes available the collected personal data of the Customer to the selected entity handling the above payments at the Online Store.
13.4. The Customer has the right to access the contents of his/her data and to correct them.
13.5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Terms and Conditions necessary to conclude a Sales Agreement results in the impossibility to conclude such an agreement.
14. Postanowienia końcowe
14.1. Contracts concluded through the Online Store are concluded in the Polish language.
14.2. the Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws, changes in methods of payment and delivery – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions of the Store. The Seller will inform the Customer about each change at least 7 days in advance.
14.3. Matters not covered by these Store Rules shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Law on Provision of Electronic Services; the Law on Consumer Rights, the Law on Personal Data Protection.
14.4. The customer has the right to use out-of-court ways of handling complaints and claims. For this purpose, he may file a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.
15. sample withdrawal form (Appendix No. 1 to the Law on Consumer Rights)
Model withdrawal form (this form should be filled out and sent back only if you wish to withdraw from the contract)
– Addressee: Michał Kapuściński, ul. Bałuckiego 9a/16, 30-318 Kraków. www.talklessdomore.pl, hello@talklessdomore.pl
– I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) the contract for delivery of the following items(*) the contract for work consisting in the performance of the following items(*)/the provision of the following service(*)
– Date of conclusion of the contract(*)/collection(*) ……………………………………….
– Customer’s name ……………………………………….
– Customer’s address ……………………………………….
– Account number for customer’s return ……………………………………….
– Customer’s signature (only if the form is sent in hard copy)
……………………………………….
– Date ……………………………………….
(*) Delete unnecessary.
The return/complaint form can be found here.