Terms of Service

By using the products and services provided by DegenDesigns,you acknowledge that you have read, understood, and agreed to abide by these Terms of Service (“TOS”). If you do not agree to these terms, you may not use our products.

§ 1 GENERAL PROVISIONS

The online store degen-designs.com is operated by the company MC WEBdev, entered into the Central Registration and Information on Business (CEIDG) maintained by the minister competent for economic affairs, NIP 5252906530, REGON 521974144, and operates under the rules defined in these Terms and Conditions. The Terms and Conditions define the terms of service use, placing orders, and complaint procedures.

These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the Online Store, as well as the terms and procedures for concluding distance Sales Agreements with the Customer via the Store.

§ 2 DEFINITIONS

Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
Seller – a natural person conducting business activity under the name MC WEBdev Martin Cieciuch, entered into the CEIDG, NIP 5252906530, REGON 521974144.
Customer – any entity making purchases via the Store.
Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to whom a separate law grants legal capacity, conducting business activity on their own behalf and using the Store.
Store – the online store operated by the Seller at www.filhub.pl.
Distance Agreement – an agreement concluded with the Customer within an organized system of distance contract conclusion (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the time of concluding the agreement.
Terms and Conditions – these Store terms and conditions.
Order – the Customer’s declaration of will submitted via the Order Form, directly aimed at concluding a Sales Agreement for the Product(s) with the Seller.
Account – the Customer’s account in the Store where data provided by the Customer and information about Orders placed by them in the Store are stored.
Registration Form – a form available in the Store that enables the creation of an Account.
Order Form – an interactive form available in the Store that enables placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Cart – an element of the Store’s software where the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.
Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
Sales Agreement – a product sales agreement concluded or entered into between the Customer and the Seller via the online Store. It also includes – depending on the nature of the Product – a service agreement or contract for specific work.

§ 3 CONTACT WITH THE STORE

Seller’s address: ul. Stacja Metra Centrum 2001/A, 00-110 Warsaw, Poland
Seller’s email address: contact@degen-designs.com
Seller’s bank account number: PL 67 1140 2004 0000 3602 8261 5832

§ 4 GENERAL INFORMATION

The Seller, to the widest extent permitted by law, is not liable for disruptions, including interruptions, in the functioning of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with § 6 or by providing necessary personal and address data to fulfill the Order without creating an Account.
Prices in the Store are in Polish zlotys and are gross prices (including VAT).
The total (final) amount payable by the Customer consists of the Product price and delivery cost (including fees for transport, delivery, and postal services), of which the Customer is informed on the Store’s pages during the Order placement process, including at the moment of expressing the will to conclude the Sales Agreement.
In the case of a subscription agreement or services provided for an indefinite period, the final price is the total payment for the billing period.
If the nature of the Product makes it impossible to reasonably calculate the final price in advance, information on how the price will be calculated, as well as delivery, transport, and postal fees or other costs, will be provided in the Product description.

§ 5 CREATING AN ACCOUNT IN THE STORE

To create an Account in the Store, the Registration Form must be completed. The following data are required: full name, email address, home address, and phone number.
Creating an Account in the Store is free of charge.
Logging into the Account is done by entering the login and password established during registration.
The Customer may delete their Account at any time, without giving a reason and without incurring any costs, by sending a relevant request to the Seller, in particular via email or in writing to the addresses provided in § 3.

§ 6 ORDER PLACEMENT RULES

To place an Order:

Select a Product and click the “Add to Cart” button (or equivalent);
Log in or proceed without registration;
If placing an order without registration – fill in the Order Form by entering the recipient’s data and the delivery address, choose a shipping method, and provide invoice details if different from the recipient’s;
Click the “Buy and Pay” button;
Choose one of the available payment methods and, depending on the selected payment method, complete the payment within the specified time (subject to § 8 point 3).

§ 7 DELIVERY METHODS, PRICES, AND PAYMENTS

Product prices are provided in Polish zlotys and include all components, including VAT, customs duties, and other fees.
The Customer may choose the following payment methods:
- Bank transfer to the Seller’s account (in this case, order processing starts after the Seller sends an order confirmation and the payment is received in the Seller’s account);
- Electronic payment (in this case, order processing begins after the Seller sends an order confirmation and receives payment confirmation from the payment processor).
The Seller informs the Customer on the Store’s website about the payment deadline. If the Customer fails to pay within the specified deadline, after an ineffective payment request with an additional deadline, the Seller may withdraw from the Agreement pursuant to Article 491 of the Polish Civil Code.
The Customer can choose from the following delivery or pickup methods:
- via a courier company;
- delivery to a Parcel Locker (Paczkomat);
- personal pickup available at: ul. Stacja Metra Centrum 2001/A, 00-110 Warsaw

§ 8 EXECUTION OF THE SALES AGREEMENT

The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form, in accordance with § 7.
After placing the Order, the Seller immediately confirms its receipt and begins processing it. This confirmation and acceptance of the Order is sent to the Customer’s email address provided during the Order process. It includes the Seller’s statement of Order receipt and acceptance, along with confirmation of the Sales Agreement. At this moment, the Sales Agreement between the Customer and Seller is considered concluded.
If the Customer selects:
- bank transfer, electronic payment, or payment card – the Customer must make the payment within 7 calendar days of concluding the Sales Agreement, otherwise the Order will be canceled;
- cash on delivery (for personal pickup) – the Customer must pay upon receipt.
If the Customer chooses a delivery method other than personal pickup, the Product will be shipped within the timeframe indicated in its description (subject to paragraph 5 below), using the method chosen during Order placement.
For Orders containing Products with different delivery times, the latest delivery time applies.
The delivery time starts:
- for bank transfers, electronic or card payments – from the date the Seller’s bank account is credited;
- for cash on delivery – from the date of concluding the Sales Agreement.
For personal pickup, the Product will be ready for pickup within the time specified in the Product description. The Customer will be informed of readiness by email to the address provided during Order placement.

§ 9 RIGHT TO WITHDRAW FROM THE AGREEMENT

A Consumer may withdraw from a Distance Agreement within 14 days without giving any reason and without incurring costs, except for the costs specified in paragraph 8 of this section.
The time limit specified in paragraph 1 begins:
- from the date of receiving the Product by the Consumer or a third party other than the carrier and indicated by the Consumer;
- in the case of a contract that includes multiple Products delivered separately, in batches or in parts – from the date of receiving the last item, batch, or part;
- for a contract involving the regular delivery of Products for a specified period – from the date of receiving the first item;
- for contracts that are for services or digital content not supplied on a tangible medium – from the date of contract conclusion.
The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. The declaration may be submitted via email or in writing to the Seller’s address provided in § 3.
To meet the withdrawal deadline, it is sufficient to send the declaration before the expiry of the 14-day period.
Effects of withdrawal:
- In the event of withdrawal from a distance agreement, the agreement is considered not concluded.
- In the case of withdrawal, the Seller shall return to the Consumer all payments received from them, including the costs of delivery (except for additional costs resulting from the method of delivery chosen by the Consumer other than the least expensive standard delivery method offered by the Store), immediately and no later than 14 days from the day the Seller is informed of the Consumer’s decision to withdraw.
- The refund will be made using the same payment methods used by the Consumer in the original transaction unless the Consumer has expressly agreed to a different solution that does not involve any costs for them.
- The Seller may withhold the refund until the Product is returned or the Consumer provides proof of return, whichever occurs first.
- The Consumer should return the Product to the Seller at the address given in § 3 immediately, no later than 14 days from the date of withdrawal. The deadline is met if the Consumer sends the Product back before the 14-day period expires.
- The Consumer bears the direct cost of returning the Product.
- The Consumer is only liable for any diminished value of the Product resulting from using it in a manner other than what is necessary to establish the nature, characteristics, and functioning of the Product.
If, due to its nature, the Product cannot be returned by standard mail, information about this, as well as the cost of returning the Product, will be included in the Product description in the Store.
The right to withdraw from a distance contract is not granted to the Consumer in relation to agreements:
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the service began that they would lose the right to withdraw once the contract is fully performed;
- where the price or remuneration depends on financial market fluctuations beyond the Seller’s control, and which may occur before the withdrawal deadline;
- where the subject of the contract is a non-prefabricated item, produced according to the Consumer’s specification or serving to satisfy their individualized needs;
- for items which, after delivery, due to their nature, are inseparably mixed with other items;
- for digital content not supplied on a tangible medium, if the performance began with the Consumer’s prior express consent before the withdrawal deadline and after being informed of the loss of the right to withdraw.

§ 10 COMPLAINTS

The Sales Agreement covers new Products.
The Seller is obligated to deliver an item free from defects.
In case of a defect in the purchased goods, the Customer has the right to file a complaint under the warranty provisions of the Civil Code.
Complaints should be submitted in writing or via email to the addresses provided in these Terms and Conditions.
It is recommended to include in the complaint:
- a brief description of the defect,
- the circumstances (including the date) of its occurrence,
- Customer’s data,
- and the Customer’s request in connection with the defect.
The Seller will respond to the complaint request immediately, no later than 14 days. If the Customer is a Consumer and the Seller does not respond within 14 days, the Consumer’s request is considered accepted.
Goods returned under the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions.

§ 11 OUT-OF-COURT COMPLAINT HANDLING AND CLAIM PURSUIT METHODS

Detailed information regarding the possibility for a Consumer to use out-of-court complaint handling and redress methods, as well as the rules of access to these procedures, is available at the offices and on the websites of consumer ombudsmen, social organizations protecting consumers’ rights, Provincial Inspectorates of the Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection (UOKiK):
The Consumer has the following exemplary options for using out-of-court complaint handling and redress:
- submitting a request for dispute resolution to a permanent consumer arbitration court (Article 37 of the Act on Trade Inspection);
- submitting a request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (Article 36 of the Act on Trade Inspection);
- seeking free assistance in resolving the dispute with the Seller from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers).

§ 12 PERSONAL DATA IN THE ONLINE STORE

The administrator of personal data of Customers collected via the Online Store is the Seller.
Customers’ personal data collected by the administrator via the Online Store are collected for the purpose of fulfilling the Sales Agreement and, if the Customer consents, also for marketing purposes.
The recipients of personal data of Customers of the Online Store may be:
- In the case of a Customer who uses postal or courier delivery in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out deliveries on behalf of the Administrator.
- In the case of a Customer who uses electronic or card payment in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity handling the above payments in the Online Store.
The Customer has the right to access and correct their data.
Providing personal data is voluntary, although failure to provide the personal data indicated in the Terms and Conditions necessary to conclude a Sales Agreement results in the inability to conclude that agreement.

§ 13 FINAL PROVISIONS

Agreements concluded through the Online Store are concluded in Polish.
The Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as: changes in legal provisions, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of each change at least 7 days in advance.
In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular:
- the Civil Code;
- the Act on the Provision of Electronic Services;
- the Consumer Rights Act;
- the Personal Data Protection Act.
The Customer has the right to use out-of-court methods of complaint handling and redress. To this end, they can file a complaint via the EU online platform ODR, available at: http://ec.europa.eu/consumers/odr/

§ 14 RIGHT TO REFUSE SERVICE

The Seller reserves the right to refuse service to any individual or entity if there is a valid belief that the offered products or services are or may be used in illegal, harmful, or socially unacceptable ways.
This includes, but is not limited to, use of the products for unlawful activities, abuse, or modification in a manner that may result in unintended harm, injury, or damage.

§ 15 USER RESPONSIBILITY

The Customer agrees to use the Seller’s products and services responsibly and only within their intended scope and capabilities.
The Customer acknowledges that they are solely responsible for the manner in which they use the Seller’s products and services.
It is the Customer’s duty to ensure safe and correct use of the products, including understanding all instructions, warnings, and technical specifications.

§ 16 NO LIABILITY FOR MISUSE

The Seller shall not be held liable for any injuries, losses, or damages resulting from the misuse or irresponsible use of its products or services.
This exclusion of liability includes, but is not limited to, use of modified, tampered, or unauthorized versions of the Seller’s products.
The Customer assumes all risk associated with the use of the products, including any physical injury or damage to property.

§ 17 PRODUCT MODIFICATIONS

Any alterations, adjustments, or modifications made to the Seller’s products or services are done at the Customer’s own risk.
The Seller does not support, authorize, or take responsibility for any modifications made beyond the intended design, functionality, or safety limits of the product.

§ 18 LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Seller shall not be liable for any damages, losses, or claims arising from the use or inability to use its products or services.
This includes, but is not limited to, direct, indirect, incidental, special, or consequential damages, including loss of data, revenue, profits, or personal injury.

§ 19 FINAL NOTES

The Customer is reminded that all use of the Seller’s products is at their own risk, and compliance with local laws and regulations is the Customer’s responsibility.
By using the Seller’s products and services, the Customer agrees to all provisions outlined in these Terms of Service.

Degen Designs