Terms and Conditions

General Terms and Conditions with Customer Information

General Provisions
Electronic Services in the Online Store
Conditions for Concluding a Sales Agreement
Prices, Currencies and Methods of Payment
Costs, Methods and Time Limits for Delivery and Collection of the Product
Complaint Handling Procedure
Out-of-Court Complaint Handling and Redress Procedures
Right of Withdrawal from the Agreement
Provisions Concerning Entrepreneurs
Product Reviews
Illegal Content and Other Content Inconsistent with the Terms and Conditions (Digital Services Act)
Final Provisions
Model Withdrawal Form
Product Information – Bed Linen Sewn after the Order is Placed

1. General Provisions

1.1. The online store available at www.vonschuetz.com (hereinafter: the “Online Store” or the “Store”) is operated by Piotr Krawczyk conducting business activity under the business name Piotr Krawczyk Atelier VON SCHÜTZ, entered into the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG) kept by the minister competent for economic affairs, having its registered office at the address:
ul. Słoneczna 5a, 42-713 Kochanowice, Poland,
NIP (Tax Identification Number): 5751915145, REGON (Statistical Number): 543081245,
e-mail address: mail@vonschuetz.com.

1.2. These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Store, unless expressly stated otherwise.

1.3. The Online Store protects consumer rights. The provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them under mandatory provisions of law, in particular the Act of 30 May 2014 on Consumer Rights. In the event of any inconsistency between the provisions of the Terms and Conditions and such provisions of law, the latter shall prevail.

1.4. The controller of personal data processed in the Online Store in connection with the use of the Store, including the performance of orders, is the Seller. Personal data are processed for the purposes, for the periods and on the principles specified in the privacy policy available in the Online Store.

1.5. Use of the Online Store (including conclusion of agreements) is voluntary. Provision of personal data by the Service Recipient/Customer is voluntary, however, refusal to provide data necessary for the conclusion and performance of the agreement may prevent the use of certain functionalities of the Store or the conclusion of a Sales Agreement.

1.6. Definitions:

1.6.1. BUSINESS DAY – a day from Monday to Friday, excluding public holidays in the Republic of Poland.

1.6.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.

1.6.3. ORDER FORM – an Electronic Service, an interactive form available in the Store, enabling the submission of an Order, in particular by adding Products to the cart, selecting the delivery method and payment method and providing the data necessary to fulfil the Order.

1.6.4. CUSTOMER – a natural person with full legal capacity, a legal person or an organisational unit without legal personality, granted legal capacity by the law, who concludes or intends to conclude a Sales Agreement with the Seller.

1.6.5. CONSUMER – a consumer within the meaning of Article 221 of the Civil Code.

1.6.6. ENTREPRENEUR-CONSUMER – a natural person concluding an agreement directly related to their business activity, where the content of that agreement shows that it does not have a professional character for that person (in particular resulting from the subject of their business activity disclosed in the CEIDG).

1.6.7. ACCOUNT – an Electronic Service, a set of resources in the Seller’s ICT system, identified by an individual login (e-mail address) and password, in which the Service Recipient’s data are collected, including contact and address details and information on Orders placed.

1.6.8. NEWSLETTER – an Electronic Service consisting in the periodic sending of marketing, informational and commercial content, as well as content relating to image-building, in particular concerning Products, novelties, promotions and special offers in the Store, to an e-mail address.

1.6.9. PRODUCT – bed linen and other textile products presented in the Online Store, in particular bed linen sets, pillowcases, sheets and similar, being movable items, mostly sewn after the Order is placed according to the dimensions selected by the Customer (a non-prefabricated Product made to the Customer’s specifications).

1.6.10. TERMS AND CONDITIONS – these terms and conditions of the Online Store.

1.6.11. ONLINE STORE – the Seller’s online store available at www.vonschuetz.com together with its language versions.

1.6.12. SELLER / SERVICE PROVIDER – Piotr Krawczyk Atelier VON SCHÜTZ, details as in section 1.1.

1.6.13. SALES AGREEMENT – a sales agreement concerning a Product (movable item) concluded at a distance between the Customer and the Seller via the Online Store.

1.6.14. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Store, e.g. Account, Order Form, Newsletter.

1.6.15. SERVICE RECIPIENT – any entity using the Store as a user of an Electronic Service (including a Customer).

1.6.16. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on Consumer Rights.

1.6.17. ORDER – the Customer’s declaration of intent submitted by means of the Order Form, directly aimed at the conclusion of a Sales Agreement for a Product with the Seller on the terms specified in these Terms and Conditions.

1.6.18. DIGITAL SERVICES ACT / THE ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (Digital Services Act, DSA).

1.6.19. ILLEGAL CONTENT – information which, in itself or by reference to an action, is not in compliance with the law of the European Union or with the law of a Member State in conformity with EU law, in particular content infringing personal rights, copyrights, containing hate speech, incitement to violence, etc.

1.7. The Store is available in several language versions (including Polish, German, English and Dutch). In the event of any discrepancies between the Polish-language version of the Terms and Conditions and a version in another language, the Polish version shall be decisive, subject to the mandatory provisions of the law of the consumer’s country.

2. Electronic Services in the Online Store

2.1. The following Electronic Services are available in the Store: Account, Order Form, Newsletter and other functionalities described on the Store’s website (e.g. wish list, order history).

2.2. Account

2.2.1. An Account is created by:

completing the Registration Form, providing the required data (in particular: first name, surname, e-mail address, password, optionally company details and VAT ID for business Customers), and
clicking the button finalising registration (e.g. “Register”, “Create account”).

2.2.2. An Account may also be created when placing an Order – after ticking the appropriate checkbox and setting a password.

2.2.3. The Account service is provided free of charge for an indefinite period.

2.2.4. The Service Recipient may, at any time and without stating reasons, delete the Account by sending an appropriate request to the Seller’s e-mail address or by using the account deletion function, if available in the user panel.

2.3. Order Form

2.3.1. Use of the Order Form starts when the first Product is added to the cart.

2.3.2. An Order is placed after:

adding Products to the cart,
going to the Order Form,
providing the data necessary to fulfil the Order (Customer data, delivery address, selection of payment and delivery method),
accepting the Terms and Conditions and the privacy policy,
clicking the “Order and pay” button or another equivalent button clearly confirming the obligation to pay.

2.3.3. The Order Form is of a one-off nature and ends when the Order is placed or when the Customer discontinues the process of placing the Order.

2.4. Newsletter

2.4.1. The Newsletter service is provided free of charge for an indefinite period.

2.4.2. Subscription to the Newsletter may be made, inter alia, by:

ticking the appropriate checkbox when creating an Account,
ticking the appropriate checkbox when placing an Order,
providing an e-mail address in the Newsletter subscription form placed on the Store’s website and confirming the subscription (e.g. by clicking the “Subscribe” button).

2.4.3. The Newsletter has a marketing character and may contain information on Products, novelties, promotions, sales and other content related to the Store. Newsletter content may be sent in different language versions, appropriate to the Customer’s settings or choices.

2.4.4. The subscriber may unsubscribe from the Newsletter at any time, in particular by:

clicking the unsubscribe link located in the footer of each Newsletter e-mail,
contacting the Seller at the e-mail address: mail@vonschuetz.com.

2.5. Technical requirements necessary for using the Store:

a device with Internet access,
a current version of a web browser,
an active e-mail account,
enabled cookies and JavaScript support.

2.6. The Service Recipient is obliged to use the Store in compliance with the law and good practices, with respect for personal rights, copyrights and other rights of third parties, and to provide data consistent with the actual state of affairs. It is forbidden to provide unlawful content.

3. Conditions for Concluding a Sales Agreement

3.1. Information about Products provided in the Store, including descriptions, prices and parameters, constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code and not an offer within the meaning of the Civil Code.

3.2. A Sales Agreement is concluded after the Customer has correctly placed an Order using the Order Form.

3.3. After placing an Order, the Seller promptly sends to the e-mail address provided a confirmation of receipt of the Order and its acceptance for processing. Upon receipt of this confirmation by the Customer, the Sales Agreement is concluded.

3.4. Recording, securing and providing access to the content of the concluded Sales Agreement is effected by:

sending to the Customer the e-mail referred to in section 3.3,
saving the Order data in the Store’s IT system,
enabling access to the order history in the Customer’s Account (if the Customer uses an Account).

3.5. Agreements are, as a rule, concluded in Polish. For selected countries and language versions, the Store may enable the conclusion of agreements in another language – information about the language of the agreement is provided each time before placing an Order.

4. Prices, Currencies and Methods of Payment

4.1. Product prices indicated on the Store’s websites are gross prices (including taxes) and are expressed in the currency appropriate for a given version of the Store or the country of delivery (including, among others, PLN, EUR, CHF).

4.2. The total price including the price of the Products, taxes and delivery costs (if applicable) is indicated to the Customer in the cart and in the summary of the Order Form before the Order is placed.

4.3. The Seller provides the following payment methods:

bank transfer (prepayment) – traditional transfer to the Seller’s bank account;
electronic payments and card payments (including imoje, BLIK, credit/debit cards, PayPal, Przelewy24 / P24, iDEAL, EPS, Apple Pay / Google Pay, Swish, Bancontact) – via external payment operators;
Klarna (e.g. invoice, direct debit – if available for a given country);
B2B invoice (payment with deferred term for eligible entities – public institutions, wholesale and industrial companies, regular customers – after prior verification and activation of this form of payment by the Seller).

4.4. Detailed information on currently available payment methods, payment operators and any territorial limitations is provided in the “Payments” section of the Store.

4.5. In the case of payment by bank transfer, the Customer is obliged to provide the Order number in the transfer title. The Order is processed after the payment has been credited to the Seller’s account.

4.6. As a rule, invoices are issued and sent in electronic form (e-invoice) to the Customer’s e-mail address. The Customer accepts this method of delivery of accounting documents. At the Customer’s request, the Seller may issue and send a paper invoice.

4.7. Business Customers from the European Union may, after meeting the conditions arising from tax regulations (in particular by providing a valid EU VAT number and correct company details), receive an invoice without VAT (intra-Community transaction).

4.8. Payment deadlines:

bank transfer – within 7 Business Days from the date of conclusion of the Sales Agreement;
electronic payments / cards / instant payment systems – payment is made at the time of placing the Order;
B2B invoice – within the period indicated on the invoice (as a rule 14 days), within the limits of the credit limit granted by the Seller.

4.9. In the event of failure to make payment within the designated time limit, the Seller may withdraw from the Sales Agreement after an ineffective prior request to the Customer for payment (sent electronically or in another agreed manner).

5. Costs, Methods and Time Limits for Delivery and Collection of the Product

5.1. Products are delivered within the territory of the Republic of Poland and other countries indicated in the “Shipping” section on the Store’s website (in the relevant language versions).

5.2. Delivery of the Product to the Customer is subject to a fee, unless explicitly stated otherwise (e.g. free delivery for orders of a specified value).

5.3. Current delivery costs, available shipping methods and information on the countries to which shipments are made are each time provided in the “Shipping” section and presented to the Customer during the Order placement process.

5.4. Delivery methods may include, in particular:

courier shipment,
other shipping methods indicated on the “Shipping” page.

5.5. The Order processing time consists of:

the time required to sew the Product (production after the Order is placed),
the delivery time by the carrier.

Indicative processing (sewing) and delivery times are provided in the Product descriptions or during the Order placement process.

5.6. The commencement of the Order processing time is counted as follows:

in the case of prepayment – from the date of crediting the payment to the Seller’s account or from receiving a positive authorisation from the payment operator;
in the case of payment with deferred term for eligible B2B Customers – from the date of conclusion of the Sales Agreement or from the date of confirmation by the Seller of the possibility of Order processing on credit terms (depending on the procedures applied).

5.7. The Seller makes every effort to ensure that Products are delivered within the time limits indicated in the Store, however, in justified cases (e.g. delays on the part of the carrier, force majeure events) this period may be extended – of which the Customer will be informed.

6. Complaint Handling Procedure

6.1. This section sets out the rules for lodging and handling complaints concerning:

Products,
Sales Agreements,
the operation of the Store and Electronic Services.

6.2. The basis of the Seller’s liability towards the Consumer and the Entrepreneur-Consumer is, in particular, the lack of conformity of the goods with the agreement within the meaning of the Consumer Rights Act. The Seller is obliged to deliver a Product that is in conformity with the agreement.

6.3. A complaint may be submitted:

in writing to the address: ul. Słoneczna 5a, 42-713 Kochanowice, Poland,
by e-mail to: mail@vonschuetz.com.

6.4. In order to expedite the processing of a complaint, it is recommended to provide in its content:

Customer details (first name, surname / company name, contact details),
order number,
description of the non-conformity / defect and the date on which it was noticed,
the Customer’s request (e.g. repair, replacement, price reduction, withdrawal from the agreement – if such entitlement is provided for by law).

Failure to provide such data does not render the complaint invalid, but may extend the time needed for its consideration.

6.5. In the case of a Product complaint, the Seller may request that photos or the Product itself be sent to the indicated address, if this is necessary for the proper assessment of the complaint. The costs of returning the Product in the case of a justified complaint shall be borne by the Seller (in accordance with the provisions of law).

6.6. The Seller shall respond to a complaint of a Consumer or an Entrepreneur-Consumer without undue delay, no later than within 14 days from the date of receipt of the complaint. Failure to respond within this time limit shall mean that the complaint has been accepted.

6.7. In the case of Customers who are entrepreneurs (excluding the Entrepreneur-Consumer), the Seller’s liability may be limited in accordance with section 9 of the Terms and Conditions.

7. Out-of-Court Complaint Handling and Redress Procedures

7.1. The Consumer has the possibility to use out-of-court methods of complaint handling and redress, including:

submitting an application for dispute resolution to a permanent consumer arbitration court,
submitting an application for out-of-court dispute resolution to the competent voivodeship inspector of the Trade Inspection,
using the assistance of a municipal/poviat consumer ombudsman or a social organisation acting for consumer protection.

7.2. Detailed information on out-of-court dispute resolution is available on the website of the Office of Competition and Consumer Protection.

7.3. The Consumer may also use the EU ODR (Online Dispute Resolution) platform available at the address indicated by the European Commission.

7.4. The use of out-of-court dispute resolution methods is voluntary and may take place only if both parties agree to it (if the given procedure so requires).

8. Right of Withdrawal from the Agreement

8.1. As a rule, a Consumer who has concluded a distance agreement has the right to withdraw from the agreement within 14 days without giving any reason, subject to the exceptions provided for in the Consumer Rights Act and in these Terms and Conditions.

8.2. Products sewn after the Order is placed (made-to-measure bed linen)

Due to the nature of the Products offered, the Seller in the vast majority provides non-prefabricated goods, made to the Customer’s specifications (selection of size, dimensions, configuration), intended to meet their individual needs.

8.3. Pursuant to Article 38(3) of the Consumer Rights Act:

the consumer shall not have the right to withdraw from an agreement in respect of an agreement in which the subject of the performance is a non-prefabricated item, made to the consumer’s specifications or serving to satisfy their individual needs.

Consequently:

8.3.1. With regard to the vast majority of bed linen Products sewn after the Order is placed in the selected dimensions, the Consumer does not have the right to withdraw from the Sales Agreement. Information to this effect is provided each time with the Product and during the Order placement process.

8.3.2. If a given Product is expressly marked as a “ready-made product” / “standard product” (without made-to-measure sewing), the Consumer may exercise the right of withdrawal from the agreement under the general principles of the Consumer Rights Act.

8.4. Where the right of withdrawal exists, the 14-day period shall start:

from the date on which the Consumer or a third party indicated by the Consumer (other than the carrier) takes possession of the Product,
in the case of an agreement covering multiple Products – from the date on which the last Product is taken possession of,
in the case of service agreements – from the date of conclusion of the agreement.

8.5. A declaration of withdrawal from the agreement may be submitted, inter alia:

in writing to the Seller’s address,
by e-mail to the Seller’s e-mail address.

8.6. The Seller shall refund to the Consumer all payments received from the Consumer, including the costs of delivery (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered in the Store), without undue delay and in any event no later than 14 days from the date of receipt of the declaration of withdrawal from the agreement. The Seller may withhold the refund until the Product has been received back or proof of its return has been provided – whichever occurs first.

8.7. The Consumer shall bear the direct costs of returning the Product, unless the Seller has expressly agreed to cover them.

8.8. The Consumer is liable for any diminished value of the Product resulting from the use of the Product in a manner beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.9. The provisions of this section 8 concerning the Consumer shall apply accordingly to the Entrepreneur-Consumer (a person conducting business activity for whom the agreement does not have a professional character).

9. Provisions Concerning Entrepreneurs (B2B)

9.1. This section applies only to Customers who are not Consumers or Entrepreneurs-Consumers.

9.2. The Seller’s liability under warranty towards a Customer who is an entrepreneur (within the meaning of the Civil Code) is excluded to the broadest extent permitted by law.

9.3. The Seller is liable only for typical, actually incurred damages that were foreseeable at the time of conclusion of the agreement and shall not be liable for loss of profit.

9.4. The total liability of the Seller towards the entrepreneur, irrespective of the legal basis, is limited to the amount of the price paid for the given Product together with delivery costs, but not more than the equivalent of EUR 1,000.

9.5. The Seller may limit the available payment methods for entrepreneurs, in particular by requiring prepayment of part or all of the price, regardless of the options indicated in the Store.

9.6. Disputes arising between the Seller and a Customer who is an entrepreneur shall be resolved by a common court having jurisdiction over the Seller’s registered office, subject to mandatory provisions of law.

10. Product Reviews

10.1. The Seller enables Customers to publish reviews of Products and of the operation of the Store, inter alia by means of review forms available on the Store’s website or via external services cooperating with the Store.

10.2. As a rule, a review may be submitted by a Customer who has actually purchased the Product in question.

10.3. Reviews may not infringe the law, personal rights, copyrights, principles of social coexistence or the provisions of the Terms and Conditions. In particular, it is forbidden to post offensive, vulgar content, content inciting hatred or containing personal data of third parties without their consent.

10.4. The Seller undertakes reasonable efforts to verify that reviews originate from persons who have actually purchased the Product (e.g. by sending links to the review form to the Customer’s e-mail address associated with the purchase or by verifying order data).

10.5. The Seller does not publish or commission the publication of fictitious reviews and does not delete reviews solely on account of their negative nature. Reviews may be deleted or moderated if they infringe the law or the Terms and Conditions.

11. Illegal Content and Other Content Inconsistent with the Terms and Conditions (Digital Services Act)

11.1. As a rule, the Service Recipient is not obliged to provide content when using the Store, unless it is necessary for the implementation of a given functionality (e.g. data for an Order, a Product review).

11.2. Contact point (DSA)

The Seller designates the e-mail address: mail@vonschuetz.com as a single contact point within the meaning of the Digital Services Act. It enables communication with:

the authorities of the Member States, the European Commission and the Digital Services Board,
recipients of the services (including Service Recipients and Customers).

Communication is possible in Polish, German and English.

11.3. Reporting Illegal Content

11.3.1. Any person or entity may report the presence of content which they consider to be Illegal Content to the e-mail address: mail@vonschuetz.com.

11.3.2. It is advisable that the report should indicate:

the exact location (URL, screenshot) of the content considered illegal,
a short explanation of why the content is, in the opinion of the reporting party, unlawful or contrary to the Terms and Conditions,
contact details of the reporting party (in particular e-mail), unless we are dealing with a situation where the law allows anonymous reports.

11.3.3. The Seller examines reports with due diligence, in an objective and proportionate manner and informs, where possible, the reporting party of the actions taken.

11.4. Rules concerning content provided by Service Recipients

11.4.1. The Service Recipient is obliged to:

use the Store in accordance with the law and the Terms and Conditions,
not to provide content of an unlawful nature, in particular Illegal Content,
refrain from spam and from vulgar, offensive content or content inciting hatred or violence,
possess – where necessary – all rights and consents to the content published (e.g. photographs).

11.4.2. The Seller reserves the right to moderate content added by Service Recipients (e.g. reviews), in particular by:

deleting content in whole or in part,
temporarily blocking its visibility,
contacting the Service Recipient in order to clarify doubts or to change the content.

11.4.3. Decisions on content moderation are taken with respect for the fundamental rights of users, in particular freedom of expression, while also taking into account the protection of other users and applicable law.

11.5. Any comments or complaints regarding the Seller’s decisions in the area of content moderation may be submitted to the Seller’s e-mail address. Such complaints will be examined in an objective and non-arbitrary manner.

12. Final Provisions

12.1. Agreements concluded via the Store are concluded in accordance with Polish law, subject to the mandatory provisions of the law applicable to a Consumer whose habitual residence is outside the territory of the Republic of Poland.

12.2. In matters not regulated in the Terms and Conditions, the following provisions shall apply in particular:

the Civil Code,
the Consumer Rights Act,
the Act on Provision of Electronic Services,
other mandatory provisions of Polish law and EU law.

12.3. The Seller may amend the Terms and Conditions for important reasons, including:

changes in legal provisions or their interpretation,
changes to payment or delivery methods,
changes to the functionalities of the Store,
the need to increase the security of Electronic Services and users,
introduction of new services or Products.

12.4. The Seller shall inform Service Recipients of changes to the Terms and Conditions by publishing a new version of the Terms and Conditions in the Store and – in the case of continuous agreements (e.g. Account, Newsletter) – by sending appropriate information to the e-mail address provided.

12.5. Amendments to the Terms and Conditions do not affect rights acquired by Customers in connection with Orders placed before the date of entry into force of the amendments. Such Orders are governed by the previous Terms and Conditions.

13. Model Withdrawal Form

(the form is used only for agreements in respect of which the Consumer has the right of withdrawal – in particular it does not apply to made-to-measure bed linen, as referred to in section 8 of the Terms and Conditions)

Model withdrawal form

Addressee:
Piotr Krawczyk Atelier VON SCHÜTZ
ul. Słoneczna 5a
42-713 Kochanowice
Poland
e-mail: mail@vonschuetz.com

I hereby declare that I withdraw from the sales agreement for the following goods:

……………………………………………………………………

Date of conclusion of the agreement / receipt of the goods: ………………………………….

Name and surname of the Consumer: …………………………………………….

Address of the Consumer: ……………………………………………………..

Signature of the Consumer (if the form is sent in paper form)

Date: ………………………………….

14. Product Information – Bed Linen Sewn after the Order is Placed

14.1. Unless expressly stated otherwise, bed linen Products offered in the Store (bed linen sets, pillowcases, sheets, etc.) are sewn after the Order is placed, according to the parameters indicated by the Customer (in particular dimensions).

14.2. Product dimensions (length, width) are given before any possible gathering of the fabric (if applicable) and measured flat, subject to permissible manufacturing variations within the limits indicated in the Product descriptions.

14.3. The Seller makes every effort to ensure that the presentation of the Products (photos, colour charts, descriptions) reflects their actual appearance as accurately as possible. Due to monitor settings and individual device parameters, slight differences in shades of colours may occur.

14.4. In the case of fabrics, slight colour differences may occur between production batches. In order to maintain the greatest possible colour uniformity, the Seller recommends ordering bed linen sets and larger quantities of fabric within one Order or within the shortest possible time intervals.

14.5. Information on the lack of the right of withdrawal from the agreement in respect of made-to-measure bed linen is provided each time with the Product and during the Order placement process – in accordance with section 8 of the Terms and Conditions.