ARCHON STUDIO TERMS OF USE

§ 1 General Provisions

  1. Terms of Use define the terms and conditions on which Archon sp. z o.o. (limited liability company), hereinafter referred to as the “Provider”, provides services on the https://archon-studio.com/shop website, hereinafter referred to as the “Shop”. 

  2. The owner of the Shop is Archon sp. z o.o. (limited liability company), based in Piła (Poland), Warsztatowa 8 street, 64-920 Piła, entered in the Register of Entrepreneurs in Krajowy Rejestr Sądowy ruled by the Sąd Rejonowy Poznań – Nowe Miasto i Wilda w Poznaniu, IX Wydział Gospodarczy Krajowego Rejestru Sądowego, registry number 0000514254, tax ID No.: 7642666425, REGON: 7642666425, BDO: 000066645, share capital: 5.000 PLN. Contact details: Address as above, phone number: +48 673533839, e-mail address: contact@archon-studio.com.

  3. The subject of the services provided by the Provider is the online Shop.  

  4. The Shop user, hereinafter referred to as the "User", can be any natural person, legal person, and organizational unit that is not a legal person, which the law confers legal capacity.

  5. If the Terms of Use in some part violates the User’s national law, which is more favorable to the User than the provisions of the Terms of Use, in this part, the User’s national law shall apply. 

  6. If any of the provisions of the Terms of Use is invalid, the remaining scope of the Terms of Use shall remain in force.

§ 2 Use of the Shop

  1. Browsing and viewing the Shop’s resources is free of charge. If the use of a given functionality of the Shop requires payment, the Provider informs the User about it and clearly indicates the price of the service at the latest opportunity before collecting the payment.

  2. The method and the date of payment, and shipping methods as well as payments and prices related to shipment and prices of the items are always given to the User before making the payment.

  3. All prices are including required taxes, unless stated otherwise. 

  4. The Provider's service – access to the online Shop – is given immediately, unless for technical reasons it is impossible. Then the service is given immediately after the termination of the technical reason preventing the performance.  

  5. The User can create an individual account in the Shop which can be used, in particular, to place orders, manage orders, and contact with the Provider.

  6. The User can sign up for the newsletter. The contract for the provision of the newsletter service is concluded and commenced as soon as the User subscribes to the newsletter. The contract may be terminated by the User at any time by resigning from receiving the newsletter. The Provider may terminate the newsletter contract at any time with immediate effect by informing the User about the termination of the service.

  7. With the consent of the User, the Provider may send the User commercial means of electronic communication as advertisements, including electronic mail; use of telecommunications terminal equipment and automatic calling systems for direct marketing purposes; collect, store, and share Users' personal data with third parties in connection with and for the purpose of providing services.

  8. The Provider may suspend or close the User's account if the User is found to be breaching the Terms of Use, the law, or suspicious behavior from the User’s side.

§ 3 Orders & Shipping

  1. The User places an order in the Archon Store by selecting the type and quantity of products and paying for the selected item(s).

  2. The User covers any shipment cost unless the Provider stated otherwise.

  3. After paying for the order, the User receives an automatic confirmation email and order number.

  4. The Provider will ship the purchased item(s) within 14 days of receiving payment. The Provider has no impact on the delivery time, which depends solely on the carrier.

  5. The User covers additional costs related to the import of purchased item(s) if the User’s local law requires such payment, in particular, customs duty and import taxes.

  6. The Provider is not liable for damages caused to the User by persons to whom the User has given access to the User’s account.

  7. The sales contract for the item(s) chosen by the User is concluded when the User makes a payment – the moment of receiving the payment by the Provider is decisive. The payment is made using a method available at the point of checkout.

  8. The Provider can withdraw from the sales contract within 7 days of receiving the payment, especially if they are not able to deliver the item(s) ordered by the User. In that case,
    the Provider will notify the User about withdrawing from the sales contract. Next, the Provider will return the User’s payment in the same way that the payment was made by
    the User, within 7 days from informing the User about the withdrawal. If the return of the payment is not possible in the way it was originally made, the payment will be returned
    by a method chosen by the Provider, which also must be convenient for the User.

  9. Once a package is dispatched, the User will receive a shipment confirmation to their provided email address, including a tracking number. If the package is not accepted
    or collected, it will be returned to the Provider, and the Provider will refund the User for the product/products (excluding any incurred shipping costs) and cancel the order.

§ 4 Withdrawal from a Sales Contract Right

  1. “Consumer” means any natural person who is concluding a sales contract with the Provider in the Shop for purposes which are outside the Consumer’s trade, business, craft, or profession.

  2. The Consumer has a period of 14 days to withdraw from a sales contract, without giving any reason, and without incurring any costs other than those provided below. The time limit is counted from taking possession of the goods by the Consumer or a third party designated by the Consumer, other than the carrier. 

  3. Before the expiry of the withdrawal period, the Consumer shall inform the Provider of the Consumer’s decision to withdraw from the sales contract. For this purpose, the Consumer may either:

    1. Use the model withdrawal form as set out in Annex I(B) of DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council; or

    2. make any other unequivocal statement setting out the Consumer’s decision to withdraw from the contract.

  4. The Provider shall reimburse all payments received from the Consumer, including the costs of delivery of the purchased item from the Provider to the User without undue delay and in any event no later than 14 days from the day on which the Provider is informed of the Consumer’s decision to withdraw from the contract. The Provider shall not be required to reimburse the supplementary costs, if the Consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the Provider.

  5. The rights and obligations of the User and the Provider related to the withdrawal from the sales contract are regulated by the directive 2011/83/EU. 

  6. If the User paid the custom duty related to the purchased item(s), the Provider will not return the custom duty because it is not the cost of the transport, nor the payment received by the Provider.

  7. The Consumer is obliged to return the purchased item(s) at the Consumer’s own expense. 

§ 5 Complaints

  1. The User may submit complaints about the services provided by the Provider and purchased item(s) to the address indicated in § 1.2 by written or electronic means.

  2. The User can raise a complaint regarding the purchased item(s) if the item(s) has got a physical defect. A physical defect consists in the non-compliance of the item(s) sold with the sales contract. The Provider is responsible for the physical defect if it existed at the moment of concluding the sales contract or if it occurred later by a cause that existed at the moment of concluding the sales contract. The Provider is not responsible for the mishandling of the item by the User. 

  3. In case of a physical defect, the User has the right to: 

    1. Demand a price reduction,

    2. demand a price return,

    3. demand to remove the defect, and 

    4. demand a replacement of the defective item(s) with a defect-free item(s). 

  4. The complaint should contain a brief description of the case as well as a request and data allowing for contact with the User. The Provider may ask for photos presenting the defects.

  5. The User is obliged to send back the item(s) to the address indicated by the Provider unless the Provider decides otherwise. 

  6. The complaint will be considered by the Provider within 14 days of its receipt.

  7. The Provider will inform the User about considering the complaint in the same way as the complaint was made or in the manner indicated by the User.

  8. The Consumer has the option of using extrajudicial means of dealing with complaints and redress. In particular the Consumer can choose The European Online Dispute Resolution (ODR) platform provided by the European Commission to make online shopping safer and fairer through access to quality dispute resolution tools. More information can be found on the European Commission website: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

  9. In relations between the Provider and a User, who is not a Consumer, the court competent to settle disputes is the court competent for the Provider by the Provider’s registered office place and the Polish law is applicable.



ARCHON PRIVACY POLICY & COOKIES

§ 1 Processing of Personal Data

  1. The administrator of the User's personal data is Archon sp. z o.o. (limited liability company), based in Piła (Poland), Warsztatowa 8 street, 64-920 Piła, entered in the Register of Entrepreneurs in Krajowy Rejestr Sądowy ruled by the Sąd Rejonowy Poznań – Nowe Miasto i Wilda w Poznaniu, IX Wydział Gospodarczy Krajowego Rejestru Sądowego, registry number 0000514254, tax ID No.: 7642666425, REGON: 7642666425, BDO: 000066645, share capital: 5.000 PLN, hereinafter referred to as the “Provider”. Contact details: Address as above, phone number: +48 673533839, e-mail address: contact@archon-studio.com.

  2. The purpose of personal data processing is the providing services by the Provider and contact with the User on the terms described in the Terms of Use. The legal basis for the processing of personal data is the provision of art. 6 clause 1:

    1. Letter a – the data subject has given consent to the processing of his or her personal data for one or more specific purposes,

    2. letter b – processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract,

    3. letter c – processing is necessary for compliance with a legal obligation to which the controller is subject,

    4. letter f – processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child,

of 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 (General Data Protection Regulation). Statistical measurements and traffic analysis on the https://shop.archon-studio.com website are legitimate interests pursued by the Provider.

  1. The Provider processes the following User's personal data: First name, surname, e-mail address, phone number, address, bank account number, credit/debit card number, date of birth, tax identity number, company’s name (if it is a personal enterprise). 

  2. The Provider will not transfer personal data outside the Provider’s company without justified exceptions. Justified exceptions include recipients of personal data who may be service providers used by the Provider when running the Shop, in particular: Providing hosting services, accounting services, legal services, marketing services, systems for analyzing traffic on the website, systems for analyzing the effectiveness of marketing campaigns, and carriers.

  3. The User's personal data may be transferred to third countries, i.e. outside the European Economic Area or to international organizations, but only to entities that provide adequate safeguards and guarantee the rights of data subjects and effective legal protection measures.

  4. The period of storage of personal data mentioned in article 3 above is 3 years, unless due to legal provisions, the storage of personal data is necessarily longer, such as the Provider's claim against the User, or public law obligations.

  5. The User has the right to request from the Provider access to personal data concerning the User, rectification, deletion, or limitation of processing, as well as the right to object to the processing, as well as to transfer data.

  6. The User has the right to withdraw consent at any time without affecting the lawfulness of the processing that was carried out on the basis of consent before its withdrawal.

  7. The User has the right to lodge a complaint to the National Supervisory Authority for the protection of personal data.

  8. Providing personal data is a contractual requirement and a condition for concluding a sales contract in the Shop. The data subject is required to provide them, the possible consequences of not providing data is the possibility of refusing to conclude a sales contract for the provision of services and sales contract by the Provider.

  9. The Provider may make automated decisions based on the personal data provided by the User, including profiling personal data in order to adapt the presentation to individual preferences and financial standing, as well as to adapt the content of the website to the User's preferences. This can be done, in particular, on the basis of demographic, geographical, and behavioral data.

  10. If the Provider plans to further process personal data for a purpose other than the purpose for which the personal data was collected, before such further processing, the Provider shall inform the User to whom the data relates about the other purpose and provide the User with all other relevant information.

  11. The Provider uses, in particular, the following types of safeguards to protect the User’s personal data:

    1. Strong passwords,

    2. file encryption, and 

    3. protection mechanisms against SQL Injection.

§ 2 Cookies

  1. The Provider may place cookies files on the User's device. These are IT data for the purposes of collecting data such as the IP address, type of browser used, language, type of operating system, Internet service provider, user preferences regarding the operation of the site, time and date information, location, and information sent to the website via the contact form.

  2. The Provider may place cookies only if the User's Internet browser allows it. The User may, at any time in the browser settings, disable the transmission of cookies, limit them, and delete files.

  3. The Provider uses cookies in particular for storing local javascript settings to provide analytical services, adapt the website to the User's preferences, and marketing.

  4. The Provider uses two kinds of cookies:

    1. Session – temporary files stored on the User's end device until logging out, leaving the website, or turning off the web browser;

    2. permanent – files stored on the User's end device for the time specified in the cookie file parameters or until they are deleted by the User.