terms of service

The following Terms of service specify the rules for sales and provision of services through the online store makaki.studio.

This version of the Terms of service is valid as of May 24, 2023.

information about us

definitions

• Seller, we - operating under the brand name makaki studio, company Natalia Malko Ntent, NIP 5372613256, ul. Zaleska 7, 21-530 Chotyłów.
• Buyer - a natural person, a legal person, or an organizational entity that is not a legal person but has legal capacity granted by specific provisions, who places an Order through the Store.
• Store - website run by the Seller, available at makaki.studio through which the Buyer can e.g. place Orders.
• Contract - a sales contract within the meaning of the Polish Civil Code, concluded between the Seller and the Buyer, using Store.
• Order - the Buyer's declaration of will, intended directly to the conclusion of the Contract, specifying the subject of the Contract and the terms of its implementation.
• Products - items or services presented in the Store and being Seller's offer.
• Fulfillment Time - approximate time counted from the date of placing and paying for the Order to the moment when the Products covered by it are shipped or are ready for pickup in person.
• Cart - a list of Products selected by the Buyer, which will be used to place an Order, available at https://makaki.studio/en/cart.
• Order Form - a form presented to the Buyer in order to obtain data needed to complete the Order and other data, including contact details, delivery method and address, payment method, available at https://makaki.studio/en/checkout.
• Order Summary - a table displayed next to the Order Form presenting, among others, the sum of the prices in the Cart, the price of the delivery method, the price of the payment method, the applied discount code and the final amount to be paid.
• Order Confirmation - an email sent to the Buyer after placing the Order.
• Order Page - a page presenting information about the Order and the current status of its fulfillment, to which the Buyer is redirected after placing the Order (or after making the payment in the case of online payments), and to which the link is sent to the Buyer in the Order Confirmation.
• Consumer - in accordance with Art. 22 of the Polish Civil Code, Journal of Laws 1964 No. 16 pos. 93 (as amended).

general provisions

1. The Buyer should read the provisions of these Terms of service before using the Store, in particular before placing an Order. Placing an Order is tantamount to a declaration that the Buyer have read and accepted these Terms of service in their entirety. This statement is made by the Buyer by checking the "I accept terms of service and privacy policy" checkbox in the Order Form.
2. The current version of the Terms of service can be found at makaki.studio/en/terms-of-service.
3. We reserve the right to change the content of the Terms of service. Changes to the Terms of service do not affect previously placed Orders and concluded Contracts. In the event of changes to the content of the Terms of service, the version applicable to a specific Order is the one published at the time of placing this Order. The current and applicable version of the Terms of service for a given Order is attached to the Order Confirmation.
4. The Store and all content contained therein, unless otherwise stated, belong to the Seller and are protected by copyright.

products

1. We offer brand new Products, free from defects, unless otherwise stated in the description of a given Product.
2. The Store offers handmade items. This means that they may slightly differ from each other, e.g. in terms of color, pattern or size.
3. We reserve the right to change our offer presented in the Store at any time.

prices

1. Next to each Product its price is given.
2. All prices include 23% VAT.
3. The prices of the Products do not include any delivery costs, any payment costs, and any customs fees.
4. The Buyer can choose the currency: Polish zloty or euro. The selected currency is used to present prices in the Store, to place Orders, as well as for payments.
5. We reserve the right to change prices at any time. Price changes do not affect Orders placed before making a given change.
6. We can conduct promotional sales, both for each every Buyer and for a limited group of Buyers, e.g. by using discount codes.
7. The binding price is the price applicable at the time of placing the Order and visible in the Order Confirmation, as well as on the Order Page. Merely adding a Product to the Cart does not guarantee the possibility of purchasing it at the price applicable at the time of adding.
8. Delivery and payment prices depend on what Products and in what quantity are in the Cart, on the selected delivery and payment method, as well as on the delivery address. Prices calculated based on these factors are shown on the Order Form and Order Summary.
9. We do not present in the Store, and we are not responsible for any customs fees or taxes related to the import of goods by the Buyer. The Products are shipped by us from Poland.

fulfillment time

1. We try to provide the Fulfillment Time for all Products in their descriptions. If the Fulfillment Time is not given and the Product is available for purchase, it should be assumed that the Fulfillment Time is up to 28 days.
2. The Fulfillment Time for the entire Order is equal to the longest Fulfillment Time for the Products included in this Order.
3. The given Fulfillment Times are approximate values and may change depending e.g. on the number of orders or product and material inventory.

placing and fulfilling orders

1. The available delivery and payment methods depend on which Products are included in the Order and are presented in the Order Form.
2. Placing an Order is done by clicking the "Order" button located under the Order Form.
3. After placing the Order, we send the Buyer an Order Confirmation. Placing an Order and receiving the Order Confirmation is tantamount to concluding the Contact.
4. The Order Summary includes, among others: list of Products covered by the Order, their prices, quantity, delivery costs, payment costs, as well as the total amount to be paid.
5. After placing the Order and concluding the Contract, the Buyer should make the payment using the method selected earlier in the Order Form.
6. We start processing the Order after receiving the payment. The exception are Orders for which the Buyer has chosen cash on pickup as the payment method.
7. During the fulfillment of the Order, we inform the Buyer by email about changes in the status of this Order, such as receipt of payment or shipment of goods.
8. We reserve the right to cancel an Order and refuse to fulfill it if its fulfillment is not possible to. In this case, we will refund the full amount paid.
9. We reserve the right to cancel an Order and refuse to fulfill it if it was placed in an automated manner. In this case, we will refund the full amount paid.

payments

1. The available payment methods in the Store are:
   • fast online payments (the payment operator is Stripe Payments Europe Limited),
   • wire transfer,
   • cash on pickup in person,
   • card on pickup in person.
2. Available payment methods and their prices may vary depending on the Order.
3. In the case of payment by wire transfer, the payment should be made to the bank account indicated in the Order Confirmation, as well as on the Order Page.

delivery

1. The available methods of delivery of Products purchased in the Store are:
   • InPost parcel lockers,
   • courier,
   • pickup in person.
2. Available delivery methods and their prices may vary depending on the Order and the delivery address.
3. In the case of a pickup in person, an appointment may be required. Detailed information is provided in the Order Confirmation, as well as on the Order Page.
4. In the event of finding damage to the shipment upon receipt, the Buyer should write, in the presence of the courier, a protocol describing the damage or use the appropriate option in the parcel locker, and then immediately inform us about the situation, e.g. by email, attaching photos of the entire package, as well as damaged Products. This will facilitate the further complaint procedure.
5. In the event of finding damage to the ordered Products after receiving the shipment, the Buyer should inform us immediately about the situation, e.g. by email, attaching photos of the entire package, as well as damaged Products. This will facilitate the further complaint procedure.

withdrawal from the contract

1. The Buyer who is a Consumer has the right to withdraw from the Contract within 14 days of receiving the ordered Products.
2. The condition for us to accept the return is the delivery by the Buyer of undamaged Products, without signs of use, and presentation of proof of purchase.
3. The Buyer is responsible for the decrease in the value of the goods resulting from using them in a way that goes beyond simple checking. We reserve the right to charge the Buyer with the resulting costs.
4. We refund the payment within 14 days of receiving the returned package.
5. We process the refund using the same method that the payment was made with, unless we have agreed with the Buyer otherwise.
6. We do not refund return delivery costs. The cost of delivery of the returned goods lies with the Buyer. We do not accept cash on delivery shipments.
7. If the Buyer has chosen a delivery method other than the cheapest available, we do not refund delivery costs over and above those resulting from the cheapest available delivery method.
8. Returns of Products made in accordance with the individual specification agreed with the Buyer are not possible.
9. Detailed conditions of returns, as well as the return procedure are described at makaki.studio/en/returns.

non-compliance of the goods with the contract

1. We are responsible for physical and legal defects of the sold goods that constitute their non-compliance with the Contract.
2. The period of our liability for non-compliance of the goods with the Contract is 2 years from the moment of delivery of the goods.
3. In the event of non-compliance of the goods with the Contract, the Buyer who is a Consumer may file a complaint.
4. We will respond to the complaint within 14 days of receiving it.
5. We exclude liability for non-compliance of the goods with the Contract in the case of Buyers who are not consumers within the meaning of Art. 22 of the Polish Civil Code, Journal of Laws 1964 No. 16 item 93 (as amended). The exclusion does not apply to persons conducting sole proprietorship, if the purchase was not related to the conducted activity.

personal data, privacy

1. Issues related to the processing and protection of personal data, as well as privacy are described in our Privacy policy located at makaki.studio/en/privacy-policy.

final provisions

1. Any disputes arising from the implementation of the provisions of these Terms of service, the parties will first try to resolve amicably.
2. In matters not covered by these Terms of service, the relevant provisions of Polish law will apply.