Terms of service

Welcome to Lady Pinecone®.

The terms “we”, “us” and “our” refer to Krzysztof Czapski, operating under the Lady Pinecone® brand, also referred to in these Terms as the “Seller”.

The Seller operates this store and website, including the related information, content, features, tools, products and services made available to provide customers with access to the store and its shopping services (the “Services”).

Lady Pinecone® is powered by Shopify, which enables us to provide the Services.

These terms and conditions, together with the policies and documents referred to in them (the “Terms of Service” or “Terms”), set out the rights and obligations relating to the use of the Services.

Please read these Terms carefully.

By accessing or using the Services, you agree to comply with these Terms and our Privacy Policy. If you do not agree with them, you should not use or access the Services.

SECTION 1 – ACCESS AND ACCOUNT

By using the Services, you confirm that you have the legal capacity required under applicable law to enter into contracts through the store.

To use certain features of the Services, including making purchases, you may be required to provide information such as your email address, billing details, payment information and shipping details.

You agree to provide accurate, current and complete information and confirm that you have the necessary rights to provide it.

You are responsible for keeping your account credentials secure and for activity carried out through your account. You may not transfer, sell or provide access to your account to another person unless expressly permitted by applicable law or by the functionality of the Services.

SECTION 2 – OUR PRODUCTS

We take reasonable care to present the products and services offered through our online store accurately.

However, colours and product appearance may vary slightly from what you see on your screen due to the device used, display settings and the natural characteristics of the materials.

In particular, products made from natural materials such as wood and natural pine cones may vary in shape, colour, grain or other individual characteristics.

Product descriptions may be updated from time to time. We also reserve the right to discontinue products or limit their availability.

Nothing in this Section limits any mandatory consumer rights available under applicable law.

SECTION 3 – ORDERS

Placing an order constitutes an offer to enter into a sales contract.

The Seller may refuse an order where permitted by law or where fulfilment is not possible, including because a product is unavailable, a technical error has occurred, payment cannot be processed or there is an obvious error in the price or product description.

Payment may require authorisation or processing before an order can be accepted.

Please review your order carefully before submitting it.

If an order cannot be accepted, is changed or is cancelled, we will attempt to contact you using the details provided when the order was placed.

Returns and the right of withdrawal are governed by our Refund Policy and applicable law. Consumers purchasing online in the EU generally have a 14-day right of withdrawal, subject to statutory exceptions.

Restrictions relating to purchases for personal use do not apply where an order is expressly placed through an offer intended for businesses, trade partners or wholesale customers.

SECTION 4 – PRICES AND BILLING

Product prices may change before an order is placed.

The price applicable to your purchase is the price displayed when you place your order and confirmed in the order summary.

Prices displayed to consumers include VAT where applicable. Shipping costs and any other applicable charges are displayed before you submit your order.

For international orders, additional taxes, customs duties or import charges may apply where required by the laws of the destination country.

Promotions may be subject to separate terms. Where the terms of a particular promotion conflict with these Terms, the specific promotional terms will apply to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information.

SECTION 5 – SHIPPING AND DELIVERY

Shipping methods, costs and estimated delivery times are described in our Shipping Policy and displayed during checkout.

Delivery times are estimates unless expressly stated otherwise.

We are not responsible for delays caused by events outside our reasonable control, subject always to mandatory consumer rights.

For consumer sales, the risk of accidental loss of or damage to the goods generally passes to the consumer only when the consumer, or a third party designated by the consumer other than the carrier, takes physical possession of the goods.

Where the consumer independently commissions a carrier that was not offered by the Seller, the applicable statutory rules apply.

SECTION 6 – INTELLECTUAL PROPERTY

The Services, including our texts, photographs, graphics, video and audio materials, designs, page layouts, product designs, names and other elements, may be protected by copyright, industrial property rights, patents, trademark rights and other intellectual property laws.

Pani Szyszka® and Lady Pinecone® are protected trademarks and intellectual property.

Your use of the Services does not transfer any intellectual property rights to you.

Unless permitted by applicable law or authorised in advance by the relevant rights holder, you may not reproduce, distribute, modify, publicly display or commercially exploit protected materials.

Shopify trademarks and other third-party trademarks remain the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

The Services may provide access to tools or functions offered by third parties.

Such tools may be subject to the separate terms of their providers.

Your use of those tools is governed by the relevant terms and applicable law.

New tools or features made available through the store may become part of the Services and be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to websites or services operated by third parties.

To the extent permitted by applicable law, we are not responsible for the content, policies, practices or security of websites outside our control.

Before using a third-party service, you should review its applicable terms and policies.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Lady Pinecone® is powered by Shopify, which enables us to provide the Services.

However, contracts for the sale of products are entered into directly between you and the Seller, Krzysztof Czapski.

Shopify provides the technology platform but is not the Seller of products offered by Lady Pinecone®.

Shopify’s own terms and policies govern the scope of Shopify’s responsibilities.

SECTION 10 – PRIVACY POLICY

Personal information processed in connection with the Services is governed by our Privacy Policy.

Because the store is powered by Shopify, Shopify may also collect and process certain personal information relating to your use of the Services in accordance with its own privacy policies.

Further details are provided in our Privacy Policy and the relevant Shopify documentation.

SECTION 11 – FEEDBACK

If you voluntarily submit comments, suggestions, reviews, proposals or other materials (“Feedback”), you confirm that you have the right to provide them.

To the extent permitted by law, you grant us the right to use such Feedback in connection with operating, developing and promoting the Services.

We will not use Feedback in a manner that infringes any mandatory rights available to you under applicable law.

You must not submit unlawful, defamatory or obscene content, content that infringes third-party rights, or content containing malicious software.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, prices, promotions, availability or delivery.

We reserve the right to correct such errors and update information.

If an error affects an order that has already been placed, we will act in accordance with applicable law and contact you where necessary.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes.

You must not use the Services for unlawful activities, infringement of intellectual property rights, distribution of malicious software, impersonation, unauthorised collection of data, interference with the security or operation of the Services, spam, phishing or similar activities.

You must not circumvent technical measures used to protect the Services.

We may restrict or terminate access to the Services where these Terms are breached, subject to applicable law.

SECTION 14 – AGENTS

This Section applies to software or services that act autonomously or semi-autonomously on behalf of a user (“Agents”).

An Agent accessing the Services must identify itself as an Agent and comply with the technical access requirements established by Shopify and the store.

We may use technical measures to restrict or control how Agents access or interact with the Services.

Agents must not bypass security measures, CAPTCHA or other mechanisms designed to distinguish human activity from automated access.

SECTION 15 – TERMINATION

We may restrict or terminate access to the Services in circumstances permitted by these Terms and applicable law.

Termination does not affect rights or obligations that by their nature are intended to survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information made available through the Services is provided for informational purposes unless expressly stated otherwise.

We take reasonable care to keep information accurate and up to date, but we cannot guarantee that every item of information will always be complete or error-free.

Nothing in these Terms excludes or limits statutory guarantees, conformity rights or any other consumer rights that cannot lawfully be excluded or restricted.

SECTION 17 – LIMITATION OF LIABILITY

The Seller is liable in accordance with applicable law.

To the extent that liability may lawfully be limited, we are not responsible for indirect or consequential losses that could not reasonably have been foreseen when the contract was entered into.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, or any mandatory consumer rights.

SECTION 18 – USER RESPONSIBILITY

You are responsible for using the Services in accordance with applicable law and these Terms.

To the extent permitted by law, you may be responsible for losses caused by a culpable breach of these Terms or infringement of third-party rights.

Nothing in this Section imposes obligations on consumers beyond those permitted by applicable law.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.

SECTION 20 – ENTIRE AGREEMENT

Our failure to exercise or enforce a right does not constitute a waiver of that right.

These Terms, together with the policies and rules relating to the Services, govern use of the Services and contracts entered into through the store, subject to mandatory applicable law.

SECTION 21 – ASSIGNMENT

You may not transfer your rights or obligations under a contract without our consent unless applicable law provides otherwise.

The Seller may transfer its rights or obligations only where permitted by law and without adversely affecting mandatory consumer rights.

SECTION 22 – GOVERNING LAW

These Terms and contracts entered into through the store are governed by Polish law, subject to mandatory consumer protection rules.

If you are a consumer habitually resident in another country, the choice of Polish law does not deprive you of protections granted by mandatory provisions of the law applicable in your country of residence.

Any disputes will be submitted to the courts having jurisdiction under applicable law.

SECTION 23 – HEADINGS

The headings used in these Terms are for convenience only and do not affect the interpretation of their provisions.

SECTION 24 – CHANGES TO THESE TERMS

The current version of these Terms is available on this page.

We may update these Terms to reflect changes in the Services, applicable law or the operation of the store.

Where required by law, we will provide notice of material changes.

Changes will not adversely affect rights acquired by customers before the changes take effect.

SECTION 25 – CONTACT INFORMATION

Questions regarding these Terms should be sent to:

contact@ladypinecone.com

Seller:

Krzysztof Czapski
operating under the Lady Pinecone® brand
ul. Ludowa 3
05-500 Piaseczno
Poland

E-mail: contact@ladypinecone.com
Phone:
+48 885 288 002
REGON:
01064982700000
VAT ID:
PL1230021101