Terms and Conditions
Terms and Conditions
These Terms and Conditions set out the rules for making purchases in the online store operated by the Seller at http://www.pierceofcake.pl ("Online Store").
The Seller is Pierce of Cake Magdalena Młodzianko, based in Wrocław at ul. Śrutowa 17/1, 50-256 Wrocław, entered in the Central Registration and Information on Business database, Tax ID (NIP): 8951856472, Business Registry Number (REGON): 020620945, correspondence address: ul. Śrutowa 17/1, 50-256 Wrocław, email: [email protected], phone: 577 647 677, entered in the BDO register (Database on Products and Packaging and on Waste Management, kept by the Marshal of the Lower Silesian Voivodeship) under registration number: 000653142.
For all matters related to the sale of Goods carried out through the Online Store, the Customer may contact the Seller by post (address: Pierce of Cake Magdalena Młodzianko, ul. Śrutowa 17/1, 50-256 Wrocław) or by email ([email protected]).
The Online Store is guided by consumer rights. A Consumer may not waive the rights granted to them under the Consumer Rights Act. Contractual provisions less favorable to the consumer than the provisions of the Consumer Rights Act are void, and the provisions of the Consumer Rights Act apply in their place. The provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights arising from mandatory legal provisions, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between these Terms and Conditions and the above provisions, those provisions shall prevail and shall apply.
1. Terms and Conditions – these terms and conditions.
2. Digital Services Act or 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 and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1–102).
3. Business Day - a day from Monday to Friday, excluding public holidays.
4. Registration Form - a form available in the Online Store enabling the creation of an Account.
5. Order Form - an Electronic Service, an interactive form available in the Online Store enabling an Order to be placed, in particular by adding Products to the electronic cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
6. Customer – a natural person, legal person, or an organizational unit without legal personality but with legal capacity, who places an Order in the Online Store under the terms set out in these Terms and Conditions.
7. Consumer – a Customer who is a natural person using the Online Store for purposes not directly related to their business or professional activity.
8. Account - an Electronic Service, a set of resources in the Service Provider's IT system, marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
9. Newsletter – an Electronic Service, an electronic distribution service provided by the Service Provider via email, enabling all Service Recipients using it to automatically receive successive newsletter editions containing information about Products, new arrivals, and promotions in the Online Store.
10. Illegal Content - information which, in itself or through reference to an activity, including the sale of Products or the provision of Electronic Services, does not comply with European Union law or the law of any Member State which complies with European Union law, irrespective of the precise subject matter or nature of that law.
11. Electronic Service - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
12. Service Provider or Seller – the entity selling Goods through the Online Store under the terms set out in the Terms and Conditions.
13. Subject of the Transaction - Goods listed and described on the Online Store's website.
14. Goods/Product – a movable item presented in the Online Store, to which the Sales Agreement relates.
15. Consumer Rights Act - the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended).
16. Sales Agreement – a contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer via the Online Store.
17. Online Store – the website available at www.pierceofcake.pl, through which the Customer may place an Order.
18. Order – a declaration of intent by the Customer specifying unambiguously the type and quantity of Goods, aimed directly at concluding a Sales Agreement.
19. Regulation - 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.
20. Shopping Voucher - a multi-purpose electronic gift voucher issued to the bearer in electronic form, containing data enabling identification of the voucher, entitling its User to exchange it for goods offered by the Partner within a specified validity date, with electronically assigned information on the voucher's value.
21. Piercing Voucher - a single-purpose electronic gift voucher issued to the bearer in electronic form, containing data enabling identification of the voucher, entitling its User to exchange it for services offered by the Partner within a specified validity date, with electronically assigned information on the voucher's value.
22. Issuer – Pierce of Cake Magdalena Młodzianko
23. User - any bearer of a Shopping Voucher or Piercing Voucher.
24. Value Available for Use - the amount assigned to the gift card up to which the User may purchase goods or services from the Issuer using the Shopping Voucher or Piercing Voucher.
25. Transaction - an operation carried out using a Voucher, consisting of exchanging the Voucher for goods or services offered by the Issuer by reducing the Voucher's value by an amount corresponding to the value of the goods purchased by the User.
26. Loyalty Program – "Piggy Bank," the Online Store's loyalty program used to accumulate discounts for future Orders in the Online Store.
1. The Terms and Conditions set out the rules for using the Online Store.
2. The following Services are available in the Online Store: Account, Order Form, and Newsletter.
3. Use of the Account is possible after the Service Recipient completes two consecutive steps – (1) entering an email address in the Registration Form, (2) clicking the "Log in" field. In the Registration Form, the Service Recipient must provide the following data: first and last name, email address, and password. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, delete their Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular by email to [email protected] or in writing to: Śrutowa 17/1, 50-256 Wrocław.
4. Use of the Order Form begins when the Customer adds the first Good to the electronic cart in the Online Store. An Order is placed after the Customer completes two consecutive steps – (1) filling out the Order Form and (2) clicking the "Choose payment" field on the Online Store website after completing the Order Form – until that point, the Customer may independently modify the entered data (following the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, as well as data relating to the Sales Agreement: the Product(s), quantity of Product(s), place and method of delivery of the Product(s), and method of payment. In the case of Customers who are not consumers, the company name and Tax ID (NIP) number must also be provided. The Order Form Electronic Service is provided free of charge, is of a one-time nature, and ends either when an Order is placed through it or when the Service Recipient stops placing an Order through it earlier.
5. Use of the Newsletter takes place after the Service Recipient checks the "Subscribe to the newsletter" box in the Registration Form or in the "Personal Data" tab of their Account. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular by email to [email protected] or in writing to: ul. Śrutowa 17/1, 50-256 Wrocław.
6. A condition for placing an Order in the Online Store is that the Customer reads the Terms and Conditions and accepts its provisions during the Order process.
7. The Online Store conducts retail and wholesale sales of costume jewelry and jewelry made of precious metals, in particular piercing earrings. Sales are conducted via the Internet with shipping within the European Union.
8. All Goods offered in the Online Store are brand new, free from physical and legal defects, and have been legally placed on the Polish market.
9. The Customer is obliged not to provide content prohibited by law, including content promoting violence, defamatory content, or content violating personal rights and other rights of third parties.
10. Technical requirements enabling use of the Online Store include an internet connection with a minimum bandwidth of 512 kb/s and computer hardware with Windows/MacOS/Linux operating system and a web browser in the latest stable version, or other electronic equipment with an Android or iOS operating system and a web browser in the latest stable version.
1. All prices listed in the Online Store are gross prices expressed in Polish złoty. The prices listed do not include shipping costs.
2. Orders are accepted through the Online Store. Orders can be placed 24 hours a day, all year round.
3. An Order is placed effectively if the Customer correctly fills out the Order Form and correctly provides their contact details, including the exact address to which the Goods are to be shipped, as well as a phone number and email address.
4. If the provided data is incomplete, the Seller will contact the Customer. If it is not possible to contact the Customer, the Seller has the right to cancel the Order.
5. During the Order process, the Customer may express a wish to receive a VAT invoice. The VAT invoice may be included with the shipped parcel or sent electronically to the indicated email address.
6. When placing an Order, the Customer must consent to having their personal data entered into the Online Store's database for processing in connection with the fulfillment of the Order. The Customer has the right to access their disclosed personal data, correct it, and request its deletion at any time.
7. The Customer may use the option of having their personal data remembered by the Online Store's system in order to facilitate the process of placing a subsequent Order. For this purpose, the Customer should provide a login and password necessary to access their account. The Customer's login is the email address they provided. The password is a string of characters set by the Customer. The Seller does not have access to the Customer's password. The Customer is obliged to protect the password against unauthorized access by third parties.
8. After placing an Order, the Customer will receive an automatic reply at the provided email address confirming that the Order has been received by the Online Store.
9. The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the email message referred to in § 3 point 8 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.
10. The Order fulfillment start time coincides with the moment the payment is credited to the bank account indicated in the Order confirmation (in the case of bank transfer payment), or the moment the Order is paid for (in the case of Przelewy24 payment), or the moment the Order is placed (in the case of the "cash on delivery" option).
§ 4 Shipping Costs and Delivery Time
1. Orders shipped to an address are processed within 2 business days. The delivery period, which depends on the chosen delivery method, must be added to this period.
2. Orders for personal collection at the Service Provider's stationary store are processed within 2 business days.
3. The Seller reserves the right to extended order fulfillment periods for reasons beyond the Seller's control, of which the Seller will inform on an ongoing basis on the Online Store's homepage (http://pierceofcake.pl). The occurrence of extended order fulfillment periods does not require an amendment to § 4 point 1 of the Terms and Conditions.
4. The Order fulfillment and delivery period indicated in the Online Store is counted in business days and begins in accordance with § 3 point 9 of the Terms and Conditions.
5. Goods are sent to the address indicated in the Order form via a courier company, InPost Paczkomaty sp. z o.o., based in Kraków, and Poczta Polska S.A. The Online Store will promptly inform the Customer of an incorrectly completed Order form that prevents shipment or may delay it. If delivery via InPost Paczkomaty sp. z o.o. based in Kraków is chosen, the delivery address will be the address of the parcel locker selected by the Customer when placing the Order.
6. In the case of personal collection, parcels are delivered to the Seller's stationary store located in Wrocław at ul. Śrutowa 17/1. The Order must be collected within 7 days of receiving information that it is ready for collection. An Order not collected within the specified period will be cancelled.
7. The Customer bears the delivery costs specified in the delivery price list. The Customer may review the price list available in advance in the Delivery and Payment tab.
1. A fiscal receipt or VAT invoice is issued for every Good.
2. Payment for an Order may be made by cash on delivery (upon receipt of the Goods), via an electronic payment system (Przelewy24), or by bank transfer to the Online Store's bank account.
§ 6 Withdrawal from the Sales Agreement
1. A Customer who is a Consumer may withdraw from the Sales Agreement within 30 days without giving any reason.
2. The withdrawal period begins when the Customer takes possession of the Goods, which is understood, among other things, as delivery of the parcel to the address indicated by the Customer. The Customer may withdraw from the Sales Agreement by submitting a withdrawal statement to the Service Provider. The statement may be submitted using the form template provided by the Seller in the Online Store, in the Withdrawal from the Agreement tab. To meet the deadline, it is sufficient to send the statement before its expiry.
3. In the event of withdrawal from the Sales Agreement, it is considered not to have been concluded.
4. If the Customer submits a withdrawal statement before the Service Provider has accepted their offer, the offer ceases to be binding.
5. The Service Provider is obliged to promptly, no later than within 14 days of receiving the Customer's withdrawal statement, refund the value of the returned Goods. In the case of withdrawal from the entire Sales Agreement, the Service Provider is obliged to refund the delivery costs of the Goods (in the amount of the cheapest delivery option available on the day the order was placed).
6. In the case of withdrawal from the entire Sales Agreement, the Service Provider is obliged to refund the delivery costs of the Goods (in the amount of the cheapest delivery option available on the day the order was placed). In the case of partial withdrawal from the Sales Agreement, the Service Provider is not obliged to refund the delivery costs of the Goods.
7. The Service Provider may withhold reimbursement of payments received from the Customer until the Goods are returned or the Customer provides proof of having sent them back, whichever occurs first.
8. If the Customer, exercising the right of withdrawal, chose a delivery method other than the cheapest delivery method offered by the Service Provider, the Service Provider is not obliged to reimburse the Customer for the additional costs incurred.
9. The Customer is obliged to return the Goods to the Service Provider promptly, but no later than within 14 days of the day on which they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods to the address: Pierce of Cake Magdalena Młodzianko, ul. Śrutowa 17/1, 50-256 Wrocław, before this period expires.
10. In the event of withdrawal from the Sales Agreement, the Customer bears the cost of returning the Goods. If the Customer fails to collect the Goods, which is presumed to be withdrawal from the Agreement, the Customer will be charged the costs of returning the Goods to the Seller.
11. The Customer is liable for any diminished value of the Goods resulting from using them in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
12. The Service Provider refunds payments using the same payment method used by the Customer.
1. The Service Provider ensures the delivery of Goods free from physical and legal defects. The Service Provider is liable to the Customer for physical or legal defects.
2. If the Goods have a defect the Customer may:
A. Submit a statement of price reduction or withdrawal from the Sales Agreement – unless the Service Provider, promptly and without excessive inconvenience to the Customer, replaces the defective Goods with defect-free ones or removes the defect. This restriction does not apply if the Goods have already been replaced or repaired by the Service Provider, or if the Service Provider has failed to fulfill the obligation to replace the Goods with defect-free ones or to remove the defects. Instead of the defect removal proposed by the Service Provider, the Customer may demand replacement of the Goods with defect-free ones, or instead of replacement, demand removal of the defect, unless bringing the item into conformity with the agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Service Provider. When assessing whether costs are excessive, the value of defect-free Goods, the type and significance of the defect found, and the inconvenience to which the Customer would be exposed by another method of satisfaction are taken into account;
B. Demand replacement of the defective Goods with defect-free ones, or removal of the defect. The Service Provider is obliged to replace the defective Goods with defect-free ones or remove the defect within a reasonable time without excessive inconvenience to the Customer. The Service Provider may refuse to satisfy the Customer's demand if bringing the defective Goods into conformity with the Sales Agreement in the manner chosen by the Customer is impossible, or would require excessive costs compared to the other possible method of bringing them into conformity with the Sales Agreement. The costs of repair or replacement are borne by the Service Provider.
3. A Customer exercising rights under the warranty is obliged to deliver the defective item to the Service Provider's address. In the case of a Customer who is a Consumer, the cost of delivering the Goods is covered by the Service Provider.
4. The Service Provider is liable under the warranty if a physical defect is found within two years of the delivery of the Goods to the Customer. A claim for removal of the defect or replacement of the Goods with defect-free ones expires after one year, but this period cannot end before the expiry of the period specified in the first sentence.
5. If the Customer has demanded replacement of the Goods with defect-free ones or removal of the defect, the period for withdrawal from the Sales Agreement or submission of a statement of price reduction begins upon the ineffective expiry of the period for replacement of the Goods or removal of the defect.
1. Any complaints related to the Goods or the performance of the Sales Agreement may be submitted by the Customer in writing to: Pierce of Cake Magdalena Młodzianko, ul. Śrutowa 17/1, 50-256 Wrocław, or electronically to: [email protected].
2. The Service Provider will respond to the complaint submitted within 14 days of its receipt.
§ 9 Privacy Policy and Personal Data Protection
This Privacy Policy (hereinafter the "Policy") provides information on how your personal data is processed in connection with the use of the "Pierce of Cake" online store, available at www.pierceofcake.pl (the "Store").
1. Data Controller
The entity responsible for managing your personal data is Pierce of Cake Magdalena Młodzianko, with its registered office at ul. Śrutowa 17/1, 50-256 Wrocław, Tax ID (NIP): 8951856472, Business Registry Number (REGON): 020620945 (the "Controller").
2. Contact with the Controller
For any matters concerning the processing of personal data, you may contact the Controller by email at: [email protected].
3. Personal Data Protection Measures
The Controller uses modern organizational and technical measures to best protect your personal data and ensures that processing complies with Regulation (EU) 2016/679 of 27 April 2016 (GDPR), the Act of 10 May 2018 on the Protection of Personal Data, and other applicable data protection regulations.
4. Information on Processed Personal Data
Using the Store requires the processing of your personal data. Below is detailed information regarding the purposes and legal grounds for this processing, the retention period, and whether providing data is mandatory or voluntary.
5. Conclusion and Performance of the Account Service Agreement
Data processed: first name, last name, email address, phone number, Account password created by the User, and optionally date of birth and gender.
Providing this data (excluding optional data) is necessary to conclude and perform the Account Service Agreement (voluntary, but failure to provide it prevents Account creation).
The Controller will process this data until the statute of limitations for claims under the Account Service Agreement expires.
6. Conclusion and Performance of the Sales Agreement
Data processed: first name, last name, email address, phone number, residential or business address, optionally company name and Tax ID (NIP).
Providing this data is necessary to conclude and perform the Sales Agreement (voluntary, but its absence prevents performance of the Agreement).
Retained until the statute of limitations for claims under the Sales Agreement expires.
7. Conclusion and Performance of the Newsletter Service Agreement
Data processed: email address.
Voluntary but necessary to receive the Newsletter.
Processed until an effective objection, achievement of the purpose, or expiry of the statute of limitations (whichever comes first).
8. Providing Commercial Information by Phone (including SMS)
Data processed: phone number.
Voluntary but necessary to receive commercial information by phone.
Processed until an effective objection or achievement of the purpose (whichever comes first).
9. Organizing Contests and Promotions
Data processed: first name, last name, email address, phone number.
Voluntary but necessary to participate.
Processed until an effective objection or achievement of the purpose (whichever comes first).
10. Handling the Complaint Procedure
Data processed: first and last name, email address.
Necessary to receive a response to a complaint or exercise rights related to non-conformity of goods. Processed for the duration of the complaint proceedings, and for exercising Customer rights, until they become time-barred.
11. Sending Email Notifications
Data processed: email address.
Voluntary but necessary to receive information about the performance of Agreements. Processed until an effective objection or achievement of the purpose (whichever comes first).
12. Handling Customer Inquiries
Data processed: first and last name, email address, and other information in the message. Voluntary but necessary to obtain a response. Processed until an effective objection or achievement of the purpose (whichever comes first).
13. Publishing Product Reviews
Data processed: first name, optionally other information in the review. Voluntary but necessary to post a review. Processed until an effective objection or achievement of the purpose (whichever comes first).
14. Publishing Your Image
An image recorded as a photograph will be displayed on the store's website.
Submitting the image is voluntary and constitutes consent to publication.
Processed until an effective objection or achievement of the purpose (whichever comes first).
15. Fulfillment of Tax Obligations (issuing VAT invoices, archiving accounting documentation)
Data processed: first and last name/company name, residential/registered address, Tax ID (NIP).
Voluntary but necessary for the Controller to fulfill tax obligations. Retained for 5 years from the end of the year in which the tax payment deadline for the given year passed.
16. Fulfillment of Data Protection Obligations
Data processed: first and last name, and contact details provided (email, phone number, optionally date of birth and gender).
Voluntary but necessary for the proper exercise of your GDPR rights. Retained until the statute of limitations for claims related to data protection violations expires.
17. Establishment, Pursuit, or Defense of Claims
Data processed: first and last name/company name, email address, residential/registered address, PESEL number, Tax ID (NIP).
Voluntary but necessary to pursue or defend claims. Retained until the statute of limitations for claims related to performance of agreements expires.
18. Analysis of Your Activity in the Store
Data processed: date and time of visit, device IP address, operating system type, approximate location, browser type, time spent, products viewed, pages visited, and other actions. Voluntary but necessary for the Controller to obtain this information. Processed until an effective objection or achievement of the purpose.
19. Store Management
Data processed: IP address, date and time of server connection, browser and operating system information. Automatically recorded in server logs each time the Store is used. Voluntary but necessary for proper Store functioning. Processed until an effective objection or achievement of the purpose.
20. Profiling
To create a marketing profile and direct personalized marketing content, the Controller will process your personal data in an automated manner, including through profiling, without producing legal effects or significantly affecting your situation. Profiling covers data from your activity in the Store and information in your Account. Legal basis: Article 6(1)(f) GDPR (legitimate interest – tailored marketing). Voluntary but necessary for this purpose. Processed until an effective objection or achievement of the purpose.
21. Recipients of Personal Data
Personal data will be shared with the following external entities cooperating with the Controller:
a. hosting company;
b. courier companies;
c. online payment system providers;
d. newsletter service provider;
e. companies offering tools for analyzing Store activity and directing direct marketing (e.g., Google Analytics);
f. accounting firm.
Additionally, personal data may be shared with public or private institutions if required by applicable law, a final court judgment, or a final administrative decision.
22. Transfer of Personal Data to Countries Outside the EEA
In connection with the Controller's use of Google LLC services, your data may be transferred to: the United Kingdom, Canada, the USA, Chile, Brazil, Israel, Saudi Arabia, Qatar, India, China, South Korea, Japan, Singapore, Taiwan (Republic of China), Indonesia, and Australia. For the UK, Canada, Israel, and Japan, transfers are based on a European Commission adequacy decision. For the USA, Chile, Brazil, Saudi Arabia, Qatar, India, China, South Korea, Singapore, Taiwan, Indonesia, and Australia, transfers are based on standard contractual clauses in accordance with Commission Implementing Decision (EU) 2021/914 of 4 June 2021.
You may request a copy of the data transferred to these third countries from the Controller.
23. Your Rights
In connection with the processing of your personal data, you have the following rights:
1. Right of access – to find out what data is processed and receive a copy (first copy free, fee may apply for subsequent copies);
2. Right to rectification of outdated, incomplete, or incorrect data;
3. Right to erasure in certain situations, e.g., when:
a) data is no longer needed for the stated purposes;
b) consent has been withdrawn and there is no other legal basis;
c) processing is unlawful;
d) erasure is required by law;
4. Right to data portability, where processing is based on consent or performance of an Agreement.
5. Right to withdraw consent at any time (without affecting the lawfulness of prior processing).
6. Right to request restriction of processing in certain circumstances.
7. Right to object to processing based on the Controller's legitimate interest. In the event of an effective objection, the Controller will stop processing the data for that purpose.
8. Right to lodge a complaint with the President of the Personal Data Protection Office (UODO) if you believe that the processing of your personal data violates GDPR provisions.
24. Final Provisions
In matters not regulated by this Policy, generally applicable data protection law provisions apply.
§ 10 Illegal Content and Other Content Inconsistent with the Terms and Conditions
1. This section of the Terms and Conditions contains provisions arising from the Digital Services Act relating to the Online Store and the Service Provider. The Service Recipient is, in principle, not obliged to provide content when using the Online Store, unless the Terms and Conditions require the provision of certain data (e.g., data needed to place an Order).
2. Point of Contact - The Service Provider designates the email address [email protected] as its single point of contact. This point of contact enables direct communication between the Service Provider and the authorities of Member States, the European Commission, and the Digital Services Board, and also enables service recipients (including Service Recipients) to communicate directly, quickly, and in a user-friendly manner with the Service Provider electronically, for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English as the languages for communication with its point of contact.
3. Procedure for Reporting Illegal Content, in accordance with Article 16 of the Digital Services Act:
a. Any person or entity may report to the Service Provider, at [email protected], the presence of specific information which that person or entity considers to be Illegal Content.
b. The notice should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates notices submitted to the above email address containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where necessary, additional information enabling identification of the Illegal Content depending on the type of content and the specific type of service; (3) the name and email address of the person or entity submitting the notice, except for notices concerning information considered to be related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the bona fide belief of the person or entity submitting the notice that the information and allegations contained therein are accurate and complete.
c. A notice as described above is considered to give rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act with respect to the specific information in question, if it allows a diligent Service Provider to identify the illegal nature of the activity or information in question without a detailed legal examination.
d. If a notice includes the electronic contact details of the person or entity who submitted it, the Service Provider shall, without undue delay, send that person or entity confirmation of receipt of the notice. The Service Provider shall also, without undue delay, notify that person or entity of its decision regarding the information to which the notice relates, providing information on the possibility of appealing the decision.
e. The Service Provider processes all notices received through the mechanism described above and makes decisions regarding the information to which they relate in a timely, non-arbitrary, and objective manner, and with due diligence. If the Service Provider uses automated means for such processing or decision-making, it will include information about this in the notification referred to in the previous point.
4. Information on restrictions imposed by the Service Provider in connection with the use of the Online Store regarding information provided by Service Recipients:
a. The Service Recipient is subject to the following rules when providing any content within the Online Store:
the obligation to use the Online Store, including posting content (e.g., in reviews or comments), in accordance with its intended purpose, these Terms and Conditions, and in a manner consistent with the law and good practice, having regard to the personal rights, copyright, and intellectual property rights of the Service Provider and third parties;
the obligation to enter content that is factually accurate and not misleading;
a prohibition on providing unlawful content, including Illegal Content;
a prohibition on sending unsolicited commercial information (spam) through the Online Store;
a prohibition on providing content that violates generally accepted netiquette rules, including vulgar or offensive content;
the obligation to hold – where necessary – all required rights and permissions to provide such content on the Online Store's pages, in particular copyrights or the required licenses, permissions, and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute in the Online Store, and the right to use and distribute the image or personal data in the case of content involving the image or personal data of third parties;
the obligation to use the Online Store in a manner that does not pose a threat to the security of the Service Provider's IT system, the Online Store, or third parties.
b. The Service Provider reserves the right to moderate content provided by Service Recipients on the Online Store's website. Moderation is carried out in good faith and with due diligence, either on the Service Provider's own initiative or in response to a received notice, in order to detect, identify, and remove Illegal Content or other content inconsistent with the Terms and Conditions, or to disable access to it, or to take necessary measures to comply with the requirements of European Union law and national law consistent with EU law, including the requirements of the Digital Services Act, or requirements contained in the Terms and Conditions.
c. The moderation process may be carried out manually by a human or based on automated or partially automated tools that help the Service Provider identify Illegal Content or other content inconsistent with the Terms and Conditions. After identifying such content, the Service Provider decides whether to remove it or disable access to it, or otherwise limits its visibility, or takes other action it deems necessary (e.g., contacting the Service Recipient to clarify concerns and modify the content). The Service Provider will clearly and understandably inform the Service Recipient who provided the content (if their contact details are available) of its decision, the reasons for it, and the available options for appealing the decision.
d. In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, objectively and proportionately, and with due regard for the rights and legitimate interests of all parties involved, including recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
5. Any comments, complaints, appeals, or objections regarding decisions or other actions or inaction taken by the Service Provider based on a received notice, or a decision made by the Service Provider in accordance with these Terms and Conditions, may be submitted analogously to the complaint procedure indicated in point 6 of the Terms and Conditions. Use of this procedure is free of charge and enables complaints to be submitted electronically to the specified email address. Use of the notice and complaint-handling procedure is without prejudice to the right of the relevant person or entity to initiate court proceedings and does not affect their other rights.
6. The Service Provider handles all comments, complaints, appeals, or objections regarding decisions or other actions or inaction taken based on a received notice or a decision made, in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other notice contains sufficient reasons for the Service Provider to consider that its decision not to act in response to a notice is unfounded, or that the information to which the complaint relates is not illegal and not inconsistent with the Terms and Conditions, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider will, without undue delay, revoke or amend its decision regarding the possible removal of or disabling access to the content, or otherwise limiting its visibility, or take other action it deems necessary.
7. Service Recipients, persons, or entities who have submitted a notice of Illegal Content, to whom the Service Provider's decisions regarding Illegal Content or content inconsistent with the Terms and Conditions are addressed, have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of a Member State to resolve disputes regarding these decisions, including with respect to complaints that have not been resolved within the Service Provider's internal complaint-handling system.
1. Promotions, sales, and discounts, including coupons/discount codes and loyalty programs made available through the Online Store, the Newsletter, or other publication channels such as social media accounts run by the Service Provider, cannot be combined with each other.
2. If several discounts or promotions could apply, only one discount or promotion applies to a given product – whichever is more favorable to the Customer.
3. The Service Provider reserves the right to end a promotion or an applicable discount before its planned duration, e.g., due to stock depletion.
4. Promotions, sales, and discounts, including coupons/discount codes and Loyalty Program discounts, may reduce the cost of an order by a maximum of 30% of its value.
§ 12 Use and Handling of Shopping Vouchers and Piercing Vouchers
1. The Shopping Voucher may be used to carry out Transactions only at the Issuer's retail location in Wrocław, ul. Śrutowa 17/1, and at the online store at https://pierceofcake.pl.
2. The Piercing Voucher may be used to carry out Transactions only at the Issuer's service and retail location in Wrocław, ul. Śrutowa 14/LU1.
3. To use the Piercing Voucher at the Pierce of Cake piercing studio in Wrocław at ul. Śrutowa 14/LU1, an appointment must first be booked by phone at 731 221 646 or via the Booksy booking system at: https://booksy.com/pl-pl/189236_pierce-of-cake_tatuaz-i-piercing_13750_wroclaw#ba_s=seo, and the unique code shown on the Piercing Voucher must be presented to the receptionist before the service is performed.
4. The value of the Shopping Voucher and the Piercing Voucher is expressed in Polish złoty.
5. The Shopping Voucher and the Piercing Voucher may not be exchanged for cash.
6. The Shopping Voucher and the Piercing Voucher are not tools for withdrawing cash from an ATM.
7. The validity period of the Shopping Voucher and the Piercing Voucher expires 12 months after the date of purchase. After the validity period has expired, the Shopping Voucher and the Piercing Voucher are invalid. To renew a Shopping Voucher or Piercing Voucher after its validity period has expired, please contact the Issuer at: [email protected]
8. The Shopping Voucher and the Piercing Voucher are bearer cards. Use of the Shopping Voucher or the Piercing Voucher by an unauthorized person constitutes a valid transaction. The Issuer is not liable for unauthorized use of the Gift Card.
9. The Issuer is not liable for a Shopping Voucher or Piercing Voucher that has been damaged, stolen, or lost after being issued to the User.
10. It is not possible to issue a duplicate of the Shopping Voucher or the Piercing Voucher.
11. The User of the Shopping Voucher may use it multiple times from the time of activation until the Value Available for Use is exhausted, within its validity period.
12. The User of the Shopping Voucher is authorized to carry out Transactions using the Shopping Voucher only up to the current Value Available for Use assigned to the Shopping Voucher.
13. It is not possible to reload the Shopping Voucher or the Piercing Voucher. The Shopping Voucher and the Piercing Voucher become invalid once the full value available for use has been used, or upon expiry of their validity period.
14. If the value of goods purchased by the User using the Shopping Voucher exceeds the value available for use, the Transaction may be completed provided the User pays the difference using another payment method accepted by the Issuer.
15. If the value of goods purchased by the User using the Shopping Voucher is lower than the value available for use, the difference constitutes the value of the Shopping Voucher after the Transaction. The remaining Value Available for Use may be used in a subsequent Transaction.
16. The User of the Shopping Voucher may check the balance of the Shopping Voucher (the current Value Available for Use) by contacting the Issuer at: [email protected].
17. The Issuer is obliged to inform the Gift Card user of the terms of these regulations by making them available on the Pierce of Cake store website.
18. The Issuer will inform of any changes to the regulations by making the regulations available at its premises and on its website.
§ 12 Loyalty Program Regulations
1. The "Piggy Bank" is used to accumulate discounts on the Online Store user's Account, to be used for future Orders in the Online Store.
2. Only Customers with a registered Account in the Online Store may participate in the loyalty program.
3. Order values and discounts:
a. order value in the range of PLN 50–99 – the Customer receives 5% of the value of the placed Order to use on a subsequent Order in the Online Store
b. order value in the range of PLN 100–199 – the Customer receives 7.5% of the value of the placed Order to use on a subsequent Order in the Online Store
c. order value from PLN 200 – the Customer receives a 10% discount on a subsequent Order in the Online Store
5. Photo and review values:
a. for each photo added, the Customer receives a PLN 1 discount on a subsequent Order in the Online Store
b. for each review added, the Customer receives a PLN 1 discount on a subsequent Order in the Online Store
6. Accumulated discounts may reduce the cost of a subsequent Order in the Online Store by a maximum of 30% of its value.
7. Accumulated discounts are credited after 14 Business Days from delivery of the order.
8. Accumulated discounts cannot be used to pay for shipping costs.
9. Accumulated discounts may not be exchanged for cash or any financial benefit other than that specified in the Terms and Conditions.
10. Accumulated discounts cannot be transferred to other Customers of the Online Store.
11. Participation in the loyalty program involves the processing of personal data in accordance with the Privacy Policy.
§ 14 Changes to the Terms and Conditions
1. The Terms and Conditions may be amended. We recommend reviewing the content of the Terms and Conditions each time before placing an Order.
2. Orders placed by Customers before the amendments to the Terms and Conditions take effect will be fulfilled in accordance with the previous provisions of the Terms and Conditions.
1. The content of the Terms and Conditions may be recorded by printing or saving it on a chosen medium.
2. In the event of a dispute concerning the Sales Agreement, the Customer and the Service Provider undertake to seek an amicable resolution of the dispute. Polish law is the applicable law for resolving any disputes arising under the Terms and Conditions.
3. The Customer may use out-of-court methods for handling complaints and pursuing claims, including mediation. Lists of permanent mediators and existing mediation centers are provided and made available by the presidents of the relevant Regional Courts.
4. The Terms and Conditions are published in Polish and English language versions. In the event of discrepancies, the Polish version is binding.