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TERMS & CONDITIONS

§ 1. GENERAL PROVISIONS

  1. These Terms and Conditions (hereinafter referred to as the “Terms”) define the rules for using the services offered by the FRAGMENTED online store, operating at www.fragmentedstudios.com (hereinafter referred to as the “Store”).
  2. The Store’s customers may include natural persons, legal entities, or organizational units making a purchase.
  3. These Terms constitute the terms referred to in Article 8 of the Polish Act of 18 July 2002 on the Provision of Electronic Services (hereinafter referred to as the “Act on the Provision of Electronic Services”).
  4. The Store is owned by Paulina Panas, conducting business activity under the name FRAGMENTED Paulina Panas, based in Łódź (registered address: ul. dr. Władysława Biegańskiego 25, 91-473 Łódź, Poland), NIP (Tax ID) PL7262500960, REGON (Polish National Business Registry Number) 525182196.
  5. The Seller offers the sale of Goods, which may be purchased by Buyers, and provides a Newsletter to subscribers.
  6. Information concerning the Goods available in the Store – such as descriptions, technical specifications, and prices – constitutes an invitation to conclude a Sales Agreement, as understood under Article 71 of the Polish Civil Code.
  7. Before using the Store’s services, the Customer is obliged to read these Terms and the Privacy Policy.
  8. Acceptance of the Terms and the Privacy Policy is voluntary but necessary to make a purchase in the Store or to create a Customer Account.

2. DEFINITIONS

The capitalized terms used in these Terms and Conditions shall have the following meanings:

  1. Store – the online store operated by the Seller at www.fragmentedstudios.com
  2. Seller – FRAGMENTED Paulina Panas, based in Łódź (registered address: ul. dr. Władysława Biegańskiego 25, 91-473 Łódź, Poland), NIP (Tax ID) PL7262500960.
  3. Consumer – a natural person entering into a legal transaction with the Seller via the Store, where the subject of the transaction is not directly related to the Consumer’s business or professional activity.
  4. Client – a Consumer or Business Customer who concludes a Sales Agreement through the Store or subscribes to the Newsletter.
  5. Business Customer – a natural person, legal person, or organizational unit without legal personality, granted legal capacity under applicable law, conducting business or professional activity in their own name.
  6. Business Customer with Consumer Rights – a natural person conducting business or professional activity who concludes an Agreement with the Seller directly related to their business, but not of a professional nature, particularly based on the business activity they perform.
  7. Buyer – a person who is a Consumer, Business Customer, or Business Customer with Consumer Rights who has concluded a Sales Agreement with the Seller or has taken steps to conclude such an Agreement.
  8. Subscriber – a person who is a Consumer, Business Customer, or Business Customer with Consumer Rights who has concluded an Agreement for the delivery of the Newsletter with the Seller or has taken steps to conclude such an Agreement.
  9. Terms and Conditions – these Terms and Conditions.
  10. Business Day – any day other than Saturday, Sunday, or a public holiday in Poland, as defined by the Act of January 18, 1951 on non-working days.
  11. Newsletter – digital content within the meaning of the Consumer Rights Act, containing commercial information regarding the current activity of the Seller, including updates and promotions available in the Store.
  12. Non-compliance – shall mean:
    – non-compliance of the Product with the Sales Agreement (criteria for assessing compliance are set out in Article 43b(1–2) of the Consumer Rights Act)
    – non-compliance of the Newsletter with the Agreement for its delivery (criteria for assessing compliance are set out in Article 43k(1–2) of the Consumer Rights Act);
  13. Privacy Policy – a document containing information on the processing of Clients’ personal data by the Seller;
  14. Product, Item – a movable item available in the Store, being the subject of the Sales Agreement between the Client and the Seller, particularly clothing.
  15. Agreement – the Sales Agreement or the Agreement for the delivery of the Newsletter;
  16. Agreement for the delivery of the Newsletter – an agreement for the provision of digital content within the meaning of the Consumer Rights Act, under which the Seller undertakes to deliver the Newsletter to the Subscriber free of charge for an indefinite period, and the Subscriber agrees to provide their personal data to the Seller;
  17. Sales Agreement – a sales agreement within the meaning of the Civil Code, concluded between the Client and the Seller via the online Store, under which the Seller undertakes to transfer ownership of the Product to the Buyer and deliver the Product, and the Buyer agrees to receive the Product and pay the Seller the price;
  18. Consumer Rights Act – the Act of May 30, 2014 on consumer rights;
  19. Act on Providing Services by Electronic Means – as defined in § 1(3) of these Terms and Conditions;
  20. Order – as defined in § 6(6) of these Terms and Conditions.

§ 3. CONTACT WITH THE SELLER

The Seller can be contacted via:

  • email – at the following address: contact@fragmentedstudios.com;
  • traditional mail – at the following address: FRAGMENTED, ul. dr. Władysława Biegańskiego 25, 91–473 Łódź, Poland;

phone – at the following number: + 48 736 255 917

§ 4. TECHNICAL REQUIREMENTS

    1. Using the Store, concluding a Service Provision Agreement, or concluding a Sales Agreement requires meeting the following minimum technical requirements:
    1. operating system: Windows XP, Windows 7 or newer, Mac OS X version 10.9 or higher, or Android 4.0;
      b. access to the Internet via a connection with a minimum bandwidth of 1024 Kb/s for download and 512 Kb/s for upload;
      c. web browser: Internet Explorer 8, Google Chrome 17, Mozilla Firefox 8.0, Opera 11, Safari 7 or newer versions of the above browsers, supporting CSS and JavaScript, with cookies enabled and pop-up windows allowed;
      d.  screen resolution: 1280 x 800 pixels or higher, and 32-bit color depth.
    1. The Seller informs that despite applying security measures, the use of the Internet and electronic services may be subject to risks of unauthorized access to the Client’s IT system and device, malware infection, or third-party access to data stored on the device. To minimize such risks, the Seller recommends the use of antivirus software and tools protecting online identity.
  2.  

§ 5. RULES FOR USING THE STORE

    1. The Client is obliged to use the Store’s services in accordance with applicable European law, the provisions of the Terms and Conditions, and the principles of good social conduct. The following, in particular, shall be considered actions that violate the Terms and Conditions:
      a. providing false information or impersonating another person;
      b. using the Store by persons who do not have full legal capacity;
      c. providing a delivery address of a person who has not given their consent.
    2. The Client is also prohibited from providing unlawful content.
    The prices of the Products in the Store are given in euros (€) and are gross prices (they include all components of the price, including VAT).

§ 6. CONCLUSION AND PERFORMANCE OF THE SALES AGREEMENT

  1. The Client concludes a Sales Agreement by placing an order on the Website. The Sales Agreement is concluded between the Client and the Seller. These Terms and Conditions constitute a template of the Agreement.
  2. The sales process consists of the following steps: adding products to the cart, proceeding to checkout, confirming the content of the order, making the payment, order verification, confirmation of order acceptance (conclusion of the Sales Agreement), and delivery.
  3. To conclude a Sales Agreement, the Buyer should follow these steps:
    a. visit the website www.fragmentedstudios.com;
    b. go to the product page and click “Add to cart”;
    c. open the cart and select “Order now”;
    d. complete or select the required data in the form:
     • full name;
     • optionally: company name and VAT number;
     • country/region;
     • phone number;
     • delivery address (street, house number, apartment number, city, postal code, country);
     • e-mail address;
     • payment method;
     • delivery method;
    e. tick the checkbox to confirm reading and accepting the Terms and Conditions and Privacy Policy (required);
    f. optionally, tick the checkbox to subscribe to the Newsletter;
    g. click “Buy and pay” and complete the payment according to the selected method.
  4. The Buyer may choose one of the following delivery methods:
    a. courier delivery to the indicated address;
    d. delivery to an automated parcel machine selected by the Buyer (if available in the Buyer’s country).
  5. Payment for the goods may be made via the Przelewy24 platform.
  6. Clicking the “Buy and pay” button constitutes an offer to purchase the selected goods (hereinafter referred to as the “Order”). After placing the Order, the Buyer receives a confirmation sent to the indicated e-mail address.
  7. If it turns out during the order processing that some items are temporarily unavailable, the Seller will inform the Buyer by e-mail. After receiving this information, the Buyer may cancel the Order or agree to receive only the available items. If the Buyer does not make a decision within 24 hours, it is assumed that they cancel the Order.
  8. In the case that the Order cannot be fulfilled in whole or in part, the Seller shall inform the Buyer and cancel the Order. If the Buyer has already made a payment, the Seller shall refund the full or partial amount.
  9. Once the Order has been packed and shipped, the Buyer will receive a “Shipping Information” email, which constitutes the conclusion of the Sales Agreement. Until this moment, the Buyer may cancel the Order by informing the Seller via email. In the case of prior payment, the amount will be refunded without delay.
  10. If the Order is not paid within 3 business days, the Seller has the right to withdraw from the Sales Agreement and cancel the Order within 7 calendar days after the payment deadline, by sending an appropriate notice to the Buyer’s email address.

§ 7. DELIVERY, SHIPPING & PAYMENT

  1. The delivery of purchased Products is carried out via a selected courier service.
  2. Order processing begins once the payment is credited to the Seller’s bank account and the order has been successfully verified.
  3. Delivery costs are displayed to the Client during the checkout process.
  4. Once the order is shipped, the Client receives a shipping confirmation via email.
  5. In exceptional cases, such as potential delivery delays, the estimated delivery time will be confirmed individually via email or phone.
  6. Orders are shipped to European Union countries.
  7. If a Client wishes to place an order for delivery outside the EU, they should contact the Seller at contact@fragmentedstudios.com or by phone at +48 736 255 917 to agree on the terms of such delivery, including shipping costs.
  8. The estimated delivery time to EU countries (outside Poland) is 2–5 business days from the shipping date. The final delivery time may vary due to circumstances beyond the Seller’s control.
  9. In-person pickup is not available.
  10. A VAT invoice or receipt will be included with the shipment.
  11. Consumers and sole proprietors with consumer rights will also receive a withdrawal form.
  12. The Seller is obliged to deliver Products in accordance with the sales agreement.
  13. The Product must be delivered in an undamaged condition.
  14. If delivered by courier, the Client is advised to check the condition of the parcel upon delivery. In case of damage, a damage report should be drawn up, and the Seller should be contacted.
  15. If the Client fails to collect the parcel and it is returned to the Seller, the Seller may withdraw from the sales agreement within 30 days by sending a withdrawal statement to the Client’s email. If payment was already made, the full amount will be refunded promptly upon withdrawal.
  16. Available payment methods are presented at checkout and may vary depending on the destination country.

§ 8 RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. The Customer has the right to withdraw from the contract and return an unused Product within 30 calendar days from the day following the delivery of the order, without providing any reason, except in cases where the Product was made according to the Customer’s specifications or clearly personalized. In the case of a customized Product, the right of withdrawal does not apply.
  2. Product returns are made at the Customer’s expense via courier service to the following address: FRAGMENTED, ul. dr. Władysława Biegańskiego 25, 91–473 Łódź, Poland
  3. The Seller will refund the Product price and the lowest shipping cost available in the offer, excluding the cost of returning the Product.
  4. The Seller does not accept cash-on-delivery returns and does not collect parcels from parcel lockers.
  5. The Buyer may withdraw from the contract by submitting a written statement in the form of:
    a. electronic communication;
    b. printed form.
  6. If the Buyer chooses to submit the statement electronically, they should send an email to the address provided in § 1 sec. 4 pt. 1 of the Terms and Conditions, containing the following information:
    a. Buyer’s full name;
    b. email address;
    c. correspondence address;
    d. a clear statement of withdrawal from the sales contract;
    e. identification of the Product concerned;
    f. order number;
    g. order date.
  7. The Buyer may also withdraw from the contract by using the return panel available at fragmentedstudios.com.
  8. If the Buyer chooses the printed form, they should print and complete the form attached as Appendix 1 to the Terms and Conditions and send it together with the Product to the address indicated in § 8 sec. 2.
  9. To withdraw from the contract, the Buyer must submit the statement and return the unused Product — with tags, free from signs of wear, and without any foreign odors (e.g. cigarette smoke, perfumes) — no later than 30 days from the day following the delivery of the order.
  10. After successful verification of the return, the Seller will issue a refund to the Customer without undue delay and no later than 14 days after receiving the returned Product.

§ 9. CONSUMER COMPLAINTS

  1. The Seller is legally obliged to deliver Products to the Customer free from defects.
  2. If the Product received by the Customer is defective, the Customer may choose to exercise the rights granted under a warranty or — independently — the rights under statutory liability for defects (warranty for defects).
  3. In the case of non-conformity, the Buyer has the right to request a repair or replacement in accordance with Articles 43d and following of the Polish Consumer Rights Act, and may submit a written complaint (Download the Complaint Form). The form must be signed by hand.
  4. Complaints should be submitted within 2 years from the date of purchase.
  5. The complaint should include: the Buyer’s contact details, order number, delivery date, a description of the issue, and the preferred solution (repair or replacement).
  6. The Seller has the right to choose repair instead of replacement (or vice versa) if the option selected by the Buyer is impossible or would generate excessive costs.
    If both repair and replacement are impossible or excessively costly, the Seller may refuse to bring the Product into conformity.
  7. The Seller shall respond to the complaint made under the statutory warranty without undue delay, and if the Customer is a Consumer — no later than within 14 days. If the Consumer requests replacement or repair, or submits a declaration of price reduction indicating the amount of the proposed reduction, and the Seller does not respond within 14 days, the request shall be considered justified.
  8. If the complaint is accepted, the Seller will send the Customer a defect-free Product (repaired or new) without undue delay, within 30 business days from the resolution of the complaint.
  9. If the complaint is rejected, the Product will be returned or made available to the Customer, along with a justification for the rejection.
  10. Products sent as part of the complaint procedure should be returned to the following address: FRAGMENTED, ul. dr. Władysława Biegańskiego 25, 91–473 Łódź, Poland

§ 10. FINAL PROVISIONS

  1. Returns and complaints should be made via courier or Polish Post to the following address: FRAGMENTED, ul. dr. Władysława Biegańskiego 25, 91–473 Łódź, Poland.
    For inquiries, you can contact us via email at contact@fragmentedstudios.com or by phone at +48 736 255 917.
  2. For matters not covered by these Terms and Conditions, the relevant provisions of Polish law shall apply. If any provision of the Terms is found to be invalid, the remaining provisions shall remain in force. The parties shall first seek to resolve any disputes amicably. If no agreement is reached, disputes shall be settled by a court having jurisdiction over the Seller’s registered office.
  3. The Seller reserves the right to amend the Terms and Conditions. Any amendments come into force upon publication in the Shop and do not affect orders placed before their introduction. Such changes do not affect rights already acquired by Customers.
  4. The Shop Administrator makes every effort to ensure the website functions properly but is not liable for interruptions caused by internet network failures.
  5. All materials published on the Shop’s website are protected by copyright. Copying, reproducing, or distributing them without prior consent is prohibited.

ATTACHMENTS

  1. Withdrawal from the contract – sample statement
  2. Complaint form

Current version of the Terms and Conditions: 1.3 (Łódź, 07.01.2025)

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