Terms and Conditions

Last Updated: 16.11.2023

§ 1. Definitions

Regulations - these Rules and Regulations, which define the principles for the conclusion of distance sales agreements through the Rescent Shopify Online Store (“Online Store”), the principles for the performance of these agreements, the rights and obligations of the parties to the distance sales agreement and the principles for the complaint procedure.

Customer - a natural person with full legal capacity, a legal person or an organisational unit without legal personality, to whom the Act grants legal capacity, who enters into a Distance Sales Agreement with the Seller.

Consumer - a natural person making a legal transaction with the trader not directly related to his economic or professional activity.

Vendor (Seller): Lummi Scents Klaudia Koniarek NIP (Polish Tax Identification Number): 7822926454 Seller's registered office address:. ul. 1-go Maja 4, 63-460 Nowe Skalmierzyce, Poland.

Online Shop - the website operated by the Seller, available at the electronic addresses: https://rescentstudio.com through which the Customer can obtain information about the Goods and their availability and purchase the Goods or order a service.

Distance Sales Agreement - an agreement for the sale of Goods/agreement for the provision of a Digital Service or Digital Content (if applicable), concluded through the Online Shop.

Goods - a movable item that the Customer may purchase from the Online Shop.

Digital Service - a service that allows the Consumer to: producing, processing, storing or accessing data in digital form; the sharing of data in digital form that has been uploaded or created by the Consumer or other users of this service; other forms of interaction through data.

Digital Content - data produced and provided in digital form. Privacy and Cookies Policy of the Online Shop - a document setting out detailed rules for the processing of personal data and the use of cookies. The Privacy Policy is available at https://rescentstudio.com/policies/privacy-policy

Permanent medium - means a material or tool that allows the Customer or the Vendor to store information addressed personally to the Customer or the Vendor in such a way that the information can be accessed in the future for a period of time appropriate to the purposes for which the information is used and that allows the stored information to be reproduced unchanged, in particular email.

Electronic order form - electronic order procedure made available by the Seller to the Buyer.

Return Procedure - the return procedure made available by the Seller to the Buyer; Rescent Return Policy is available at https://rescentstudio.com/pages/return-policy.

Sending an order - validation of an order by clicking on the "Pay Now" button (or its equivalent) by the Customer, treated as submission by the Customer of a binding declaration of intent to conclude a Distance Sales Agreement with the Seller.

Account - a set of data stored in the Online Store and in the Seller's ICT system pertaining to a given Customer and the orders placed by the Customer and distance Sales Agreements concluded by the Customer, with the use of which the Customer may place orders, and in due time - cancel or edit, and conclude Distance Sales Agreements.

Card - a payment card issued usually under the Visa or International or Mastercard International schemes, authorized by the regulations of those schemes to carry out transactions without physical presence.

§ 2 General provisions

Types and scope of services provided by electronic means:

conclusion of Sales Agreements online - with regard to Goods sold in the Online Shop (soy candles and others),
principles of registration and use of an Account in the framework of the Online Shop,
adding opinions, comments and ratings - the Customer may add an opinion or comment to his/her order,
sending e-mails in which the Seller confirms receipt of an order, possible receipt of payment, acceptance of an order for processing.

The use of the Online Store is possible on condition that the computer system used by the Customer meets the following minimum technical requirements:

web browsers in the current version e.g.:

Firefox
Chrome
Microsoft Edge

any program for viewing files.

The content located on the pages of the Online Shop, including descriptions of Goods and prices constitute an invitation to conclude a contract within the meaning of Article 71 of the Polish Civil Code.

§ 3 Orders

placing an order in the Online Store can be done through an Account or choose the option of purchase without registration, in which case an internal account is created, on the basis of which the Customer can create an Account. The internal account is maintained until the data is deleted from the system or the Account is blocked.
The purchase is made by completing an electronic order form available on the pages of the Online Store. The selection of the ordered Goods is made by adding them to the basket. The Electronic Order Form specifies, among other things, which Goods, at what price and in what quantities the Customer wishes to order to the location indicated by him/her. The Customer takes the appropriate technical steps based on the messages displayed.
Once the Customer has entered all the necessary data, a summary of the order placed will be displayed.
In order to place an Order, it is necessary to provide in the Electronic Order Form the personal data marked as mandatory, to accept the content of the Terms and Conditions, to send the Order by pressing the button "Pay Now" or its equivalent.

Sending an electronic order form by the Customer constitutes a binding declaration of intent to conclude a Distance Sales Agreement, in accordance with the content of these Terms and Conditions.
A Distance Sales Agreement shall be deemed concluded at the moment the Seller accepts the Electronic Order Form, which is confirmed by displaying a message to the Buyer confirming the acceptance of the order and providing its number.
After concluding a Distance Sales Agreement, the Customer receives a confirmation of the placed order in the form of an e-mail.
The processing time for the Order is between 1 and 10 working days from the date of conclusion of the contract.

§ 4 Payment

The Online Shop offers the possibility of payment in the form of credit card, PayPal payments or gift cards (vouchers).
Payment for the goods can be made by the method selected at the time of ordering on the Electronic Order Form.

§ 5 Delivery

On the Electronic Order Form, the Customer shall select the method of delivery by ticking the choice made.
In the event that the Goods are not collected by the Customer, resulting in the return of the Goods to the Seller - the Seller may withdraw from the sales contract. The withdrawal from the contract can be made, for example, by making a statement to the Customer in the form of an e-mail message.
In the situation indicated in point 2, the Seller is obliged to immediately return to the Customer the payment received for the Goods purchased by the Customer.

§ 6 Returns

Rescent shop accept the returns for soy candles and other products offered in the Online store under the conditions outlined in the return procedure. For more details please see our Return Policy available at https://rescentstudio.com/pages/return-policy.

§ 7 Withdrawal from the contract

A consumer who has concluded a Distance Sales Contract may, within 30 days, withdraw from it without giving any reason. In the event of withdrawal from a Distance Sales Contract - the contract shall be deemed not to have been concluded.

In the case of withdrawal from the contract - the Consumer shall bear only the direct costs of returning the Goods.
The Consumer's statement must clearly express his will to withdraw from the contract, in particular the Consumer may send an email at hello@rescentstudio.com informing about the withdrawal from the contract concluded on (specify the date).

The Seller shall confirm the fact of receipt of the statement of withdrawal from the contract.

Sending the statement before its expiry shall be sufficient to meet the deadline.
The period for withdrawal from the contract shall begin:

for a contract in the performance of which the Seller delivers the Goods, being obliged to transfer their ownership - from the taking possession of the Goods by the Consumer or a third party other than the carrier indicated by the Consumer, and in the case of a contract which:

involves multiple items which are delivered separately, in batches or in parts - from taking possession of the last item, batch or part;
consists of the regular delivery of goods over a defined period of time - from the taking possession of the first item;

for other contracts - from the day of conclusion of the contract.

In the case of withdrawal from the Agreement for the provision of Digital Content or Digital Service, the Seller may prevent the Consumer from further use of the Digital Content or Digital Service, in particular by preventing the Consumer from accessing the Digital Content or Digital Service.
In the event of withdrawal from the Agreement for the provision of Digital Content or Digital Service, the Consumer shall stop using that Digital Content or Digital Service and making it available to third parties.
The right of withdrawal from a Distance Sales Contract shall not apply to the contracts indicated in Article 38 of the Act of 30.05.2014. (Journal of Laws of 2019, item 134) on consumer rights, inter alia Contracts:

for the provision of services for which the Consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Consumer, who has been informed before the start of the performance that after the Seller's performance he will lose the right to withdraw from the contract and has acknowledged this.
in which the price or remuneration depends on fluctuations in the financial market which are not under the trader's control and which may occur before the end of the withdrawal period;
whose object of performance is an item which is not prefabricated, produced to the consumer's specifications or intended to meet the consumer's individual needs;
whose object of performance is an item supplied in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery;
for the supply of sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery;
the supply of Digital Content not supplied on a tangible medium for which the Consumer is liable to pay the price, if the Seller has commenced performance with the express and prior consent of the Consumer, who has been informed prior to the commencement of performance that after the Seller's performance the Consumer will lose the right to withdraw from the contract and has acknowledged this;
the subject of which is a perishable item or an item that has a short shelf life and in which the subject of the performance are items that are, by their nature, inseparable from other items after delivery;
for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
concluded by public auction;
for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or the period of performance of the service;
where the object of the performance is alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the trader has no control;

§ 8 Effects of withdrawal from the contract

The Seller shall, within 14 days from the date of receipt of the notice of withdrawal from the Agreement for the sale of an item, refund to the Consumer all payments made by the Consumer, including the costs of delivery, corresponding to the cheapest method of delivery offered by the Seller.

Reimbursement of payments shall be made using the same method of payment used by the Consumer.

The Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
The Consumer may not withdraw from the contract if the Digital Content or Digital Service is provided in exchange for the payment of a price and the lack of conformity of the Digital Content or Digital Service with the contract is immaterial.
The Seller may request the return of the tangible medium on which it has supplied the Digital Content within 14 days of receipt of the Consumer's declaration of withdrawal. The Consumer shall return the medium immediately and at the Seller's expense.
The Seller shall be obliged to return the price only to the part corresponding to the Digital Content or Digital Service not in conformity with the contract and the Digital Content or Digital Service, the obligation to provide which has fallen due to withdrawal from the contract.
For more details about the Returns please see our Return Policy available at https://rescentstudio.com/pages/return-policy.

§ 9 Complaint

A complaint about a defect in the Goods or non-compliance of the Goods with the concluded Remote Sales Contract may be filed:

by sending an e-mail to hello@rescentstudio.com .

In the notification, it is necessary to specify a defect which, in the opinion of the Buyer, the Goods have, claims against the Seller, and if possible - to document the said defect and provide proof of purchase of the Goods in the Online Shop. The Seller shall respond to the complaint within 14 days of its receipt. If he has not responded within the aforementioned time limit, it shall be deemed that he has acknowledged the complaint. The response to the complaint shall be provided by the Seller to the Buyer in writing or on a durable medium.
In the event that the Seller considers the complaint as justified: the costs of replacement, repair, including the cost of shipping associated with the complaint of the Goods shall be borne by the Seller.
The Seller shall be liable to the Consumer, as well as to the Individual Entrepreneur, for the lack of conformity of the Goods with the Distance Sales Contract under the principles that result from the Act of 30.05.2014 on Consumer Rights.

The Seller shall be liable for non-compliance of the Goods with the Contract of Sale concluded remotely existing at the time of its delivery and disclosed within two years from that time, unless the term of usefulness of the Goods, specified by the Seller, is longer.
The Seller shall repair or replace the Goods within 14 days of acknowledging the complaint. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller.
The Consumer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods at his own expense.

The Seller shall deliver the Goods free from defects and shall be liable to the Entrepreneur for defects of the purchased Goods under the terms of the Polish Civil Code.
The delivery of Digital Content or Digital Service to the Consumer or the Individual Entrepreneur shall be made in accordance with the principles that arise from the Act of 30.05.2014 on Consumer Rights.

§ 10 Opinions (Testimonials)

An opinion on the handling of an order or an opinion on an Item can be submitted directly to the Seller by sending an e-mail to hello@rescentstudio.com, provided on Instagram, TikTok or any other social media platforms in use by the Seller, or during a visit to the Online Shop by clicking on the interface next to the Item.
The addition of an opinion is voluntary and free of charge.
The Seller reserves its right to pre-approve the Opinions and may publish them (but don't have to) on its online Stores.
The Seller will not change the Opinions in terms of their content or the stars awarded.
The Buyer is solely and solely responsible for the content of the opinion. The Seller reserves the right to delete an opinion under the terms of the law and these terms and conditions.
The submission of information that is untrue, misleading, vulgar, aggressive, offensive or manifestly immoral is prohibited. It is also unacceptable to upload content that is unlawful, infringes the rights of third parties or constitutes an act of unfair competition.
The Customer undertakes not to place content that contains links to external websites, is of a promotional or advertising nature or contains personal data of third parties.

§ 11 Intellectual property

The Customer declares that he/she is not entitled to any rights, including copyrights or related rights to the evaluations and statements posted by him/her, except for the right to use the Online Shop in the manner specified in the Terms and Conditions. The Customer shall not be entitled to any rights to record, reproduce, make available, publicise or disseminate the content, unless such a right results from the provisions of law or these Terms and Conditions.
The Customer shall not be entitled to interfere in any way with the content, in particular the content, structure, form, graphics, mechanism of operation or other elements of the Online Store.
By placing Opinions (Testimonials) in the Online Store, which constitute works within the meaning of the Act of 4.2.1994 on Copyright and Related Rights - the Client grants the Seller a non-exclusive and gratuitous licence, unlimited in terms of time and territory, to use these works by the Seller, together with the right to grant a sub-licence, which includes making the work available to the public in such a way that everyone can have access to it at a place and time individually chosen by them (the Internet). The licence is granted in respect of all fields of exploitation known at the time of its granting, in particular the following fields of exploitation:

in the field of recording and multiplication of the work by any technique - in particular by printing, reprography, magnetic recording, digital technique, i.e. using any technique on any audiovisual or visual carrier, in particular on audiovisual discs, CDs, computer disk, in a multimedia network, including the Internet and related on-line services and multiplication, recording, use on the Internet, advertising, multiplication of the recording in electronic form in computer memory and in internal and external networks,
use of the whole or fragments or any elements of the work, with the possibility of making modifications resulting from the nature of the given online medium - in all publications, especially online, digital, newsletters and information, alone or in combination with other works or fragments of works; use in whole or in fragments for the purposes of promotion and advertising, especially in the form of audiovisual, audio, media advertising.
within the scope of trading in the original or copies on which the work has been fixed - marketing, lending, leasing the original or copies,
within the scope of dissemination of the work in a manner other than specified above - public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, as well as making the work available to the public in a manner allowing everyone to have access to it in a place and at a time chosen by them,
use of works for promotional and marketing purposes;

the deletion of the Account by the Customer or of an Opinion pursuant to section 9, item 8 shall not affect the validity of the aforementioned licence.

§ 12 Data Privacy

For details regarding the handling and processing of personal information please refer to our Privacy Policy available att https://rescentstudio.com/pages/privacy-policy .

§ 13 Final provisions

These Terms of Use are effective as of 16.11.2023.
In the event that any of the provisions of these Terms and Conditions is modified or invalidated by a decision of a competent authority or court, the remaining provisions shall remain in force and are binding on the Seller and the Customer.
The Seller reserves the right to amend these Terms and Conditions. Any agreements concluded before the date of entry into force of the new regulations shall be implemented on the basis of the regulations that were in force on the date of conclusion of the agreement.
The law applicable to the settlement of any disputes related to the Terms and Conditions shall be the Polish law. These disputes will be settled by the locally competent common court. The Customer who is a Consumer may also make use of out-of-court ways of handling complaints and pursuing claims. All information on out-of-court ways of dealing with complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we would like to inform you that the indicated proceedings are of a voluntary nature and both parties must agree to them.
Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform you that the platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is a one-stop-shop website for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract.