KUFA.design Online Store Terms

This is an English translation of the Polish Store Terms (Regulamin Sklepu). In case of any discrepancies, the Polish version prevails.

§ 1. Seller and contact

The online store at www.kufadesign.com is run by Katarzyna Fober, conducting business under the name Kufa.design, ul. Skrajna 19a/8, 43-400 Cieszyn, Poland, Tax ID (NIP): 5482426147, REGON: 524391970 (hereinafter: the “Seller”).

§ 2. Orders

1. Orders are placed using the form on the website by providing contact details and a delivery address and accepting these Terms.
2. Clicking the order button means placing an order with an obligation to pay. The sales contract is concluded when the Customer receives an e-mail confirming the order.
3. The sculptures are handmade, so each piece may differ slightly from the photos (concrete texture, shade, small pores). This is not a defect.
4. To use the store you need a device with Internet access, an up-to-date web browser with JavaScript and cookies enabled, and an active e-mail address.

§ 3. Prices and payments

1. Prices in the store are gross prices in Polish zloty (PLN) in the Polish version and in euro (EUR) in the English version, and include all taxes. The delivery cost is added to the price of the products in accordance with § 5.
2. Online payments are provided by Autopay S.A., based in Sopot (ul. Powstańców Warszawy 6, 81-718 Sopot, Poland), entered in the National Court Register (KRS) under number 0000320590, Tax ID (NIP) 585-13-51-185.
3. Available payment methods:
   • Payment cards:
     • Visa
     • Mastercard
     • Visa Mobile
     • ApplePay
     • GooglePay
   • BLIK
   • fast online bank transfer (Pay by Link)
   • traditional bank transfer
4. Card details are entered only on the secure Autopay S.A. payment page. The Seller does not collect, see or store payment card data.
5. If a refund is necessary for a transaction made by the Customer with a payment card, the Seller refunds the money to the bank account linked to the Customer’s payment card.
6. Orders placed in the English version of the store (in euro) are paid after the order is confirmed — the Seller sends the Customer the amount and payment details by e-mail.
7. Discount codes (e.g. DZIEKI-…, POLECAM-…) can be used once and are valid for 4 months from the day they are received (the expiry date is given in the message with the code). Only one code can be used per order. Codes cannot be combined with each other or with other promotions in the store. Codes cannot be exchanged for cash.

§ 4. Production time

The sculptures are hand-cast in our studio in Cieszyn. Production time is up to 14 business days, counted from the positive authorisation of the payment (payment card, BLIK, fast online transfer) or, for a traditional bank transfer, from the day the Seller’s bank account is credited. Delivery time must be added to this (§ 5).

§ 5. Delivery and delivery prices

Orders are shipped within up to 14 business days (§ 4) — both in Poland and abroad. The Seller e-mails the tracking number to the Customer once the parcel has been sent.

InPost shipping abroad covers parcels up to parcel-locker size (size C). Sculptures that do not fit in a parcel locker are shipped by courier only — in Poland or abroad — or can be picked up in person; parcel-locker delivery is not available for them.

Due to its size and weight (25 kg), the sculpture “Thought” (Zamyślenie) is shipped by courier only — the courier cost for this sculpture in Poland is 89 PLN (it can also be picked up in person) — parcel-locker options (in Poland and abroad) are not available for orders containing this sculpture.

The Seller ships orders only within Poland and to the countries listed in the table above. The sculptures sold are not subject to export restrictions when shipped to these countries.

§ 6. Right of withdrawal (returns)

1. A consumer who has concluded a distance contract or an off-premises contract has the right to withdraw from it without giving a reason within 14 days. This period is counted from the day the sculpture is received.
2. To withdraw from the contract, it is enough to send a statement to kufadesign.info@gmail.com before this deadline. You may use the model form at the end of these Terms, but it is not mandatory.
3. The Customer sends the sculpture back no later than 14 days from withdrawing from the contract, at their own cost, to:
   Parcel locker CSZ02A (size C parcel)
   ul. Górna 21, 43-400 Cieszyn, Poland (next to the Intermarché supermarket)
   Recipient: Kufa.design, phone +48 518 702 149, kufadesign.info@gmail.com
4. The Seller refunds all payments received, including the cost of delivery to the Customer (up to the cheapest delivery method offered), without delay and no later than 14 days from receiving the withdrawal statement. The Seller may withhold the refund until the sculpture has been received or proof of its return has been provided.
5. The refund is made using the same payment method the Customer used, unless the Customer agrees to another method that involves no costs for them.
6. The sculpture must be carefully packed. The Customer is liable for any diminished value of the sculpture resulting from handling it beyond what is necessary to establish its nature and characteristics.
7. The right of withdrawal does not apply to sculptures made to the Customer’s individual specifications (e.g. a special order agreed by e-mail — a different colour, size or personalisation).

§ 7. Complaints and statutory warranty

1. The Seller is liable to the consumer for any lack of conformity of the sculpture with the contract that existed at the time of delivery and became apparent within 2 years of that time, in accordance with the Polish Consumer Rights Act (Chapter 5a).
2. In the event of a lack of conformity, the consumer may demand repair or replacement of the sculpture. If repair or replacement is impossible, the Seller has refused it, or the lack of conformity persists, the consumer may declare a price reduction or — where the lack of conformity is not insignificant — withdrawal from the contract.
3. Towards Customers who are not consumers, the Seller is liable under the statutory warranty for defects (rękojmia) in accordance with the Polish Civil Code (Art. 556 et seq.).
4. Complaints can be submitted by e-mail to kufadesign.info@gmail.com or by phone at +48 518 702 149. Please include a description of the problem, the order number and, if possible, photos.
5. If the sculpture is needed to process the complaint, the Customer sends it to the parcel locker address given in § 6(3). The cost of sending back the sculpture covered by the complaint is borne by the Seller.
6. The Seller responds to a complaint within 14 days of receiving it. If the complaint is accepted, the Seller repairs or replaces the sculpture or, if this is not possible, reduces the price or refunds the money.

§ 8. Out-of-court dispute resolution

Consumers may use the free assistance of a municipal or district consumer ombudsman or apply to the Provincial Inspectorate of Trade Inspection for mediation. More information: www.uokik.gov.pl.

§ 9. Personal data protection (GDPR)

1. The controller of Customers’ personal data is the Seller (details in § 1). For matters concerning personal data, please write to kufadesign.info@gmail.com.
2. Data processed: first and last name, e-mail address, phone number, delivery address or parcel-locker code, order and payment data (without payment card data) and — for newsletter subscribers — e-mail address and first name.
3. Purposes and legal bases of processing (Regulation (EU) 2016/679 of the European Parliament and of the Council — GDPR):
   • fulfilling the order, delivery and payment handling — Art. 6(1)(b) GDPR (performance of a contract);
   • handling complaints, returns and possible claims — Art. 6(1)(c) and (f) GDPR;
   • keeping accounting and tax records — Art. 6(1)(c) GDPR (legal obligation);
   • replying to messages and contact about the order — Art. 6(1)(b) or (f) GDPR;
   • sending the newsletter and visit statistics (Google Analytics) — only with consent, Art. 6(1)(a) GDPR.
4. Data may be shared with entities that help run the store: Autopay S.A. (payments), InPost sp. z o.o. (delivery), OVH sp. z o.o. (hosting and e-mail), Google Ireland Ltd. (e-mail inbox, statistics with consent), Sendinblue SAS (Brevo — newsletter) and an accounting office.
5. Customers have the right to access their data, rectify, erase, restrict processing, data portability, object, withdraw consent at any time and lodge a complaint with the President of the Polish Personal Data Protection Office (PUODO).
6. Providing data is voluntary but necessary to place and fulfil an order.
7. Detailed information, including data retention periods and cookie rules, can be found in the Privacy Policy.

§ 10. Final provisions

Matters not regulated in these Terms are governed by Polish law, in particular the Civil Code and the Consumer Rights Act. These Terms do not limit consumer rights arising from the law.

The provisions concerning consumers (right of withdrawal, complaints) also apply to a natural person concluding a contract directly related to their business activity, where the content of the contract shows that it is not of a professional nature for that person (Article 38a of the Polish Consumer Rights Act).

Annex — model withdrawal form