Terms of service

TERMS AND CONDITIONS OF SALE USING MEANS OF DISTANCE COMMUNICATION
(HEREINAFTER: “TERMS AND CONDITIONS”)
Effective as of April 18, 2024

Preamble

The Online Store ARCHIVE BY X, operating at ul. Nakielska 144B, Bydgoszcz (hereinafter: the “Store”), is run by Archive by X Mateusz Marmurowicz, ul. Nakielska 144B, 85-391 Bydgoszcz, Poland, NIP: 9671475769, REGON: 528385250; phone: +48 881 076 946, email: contact@archivebyx.com.

1. Definitions

Whenever capitalized terms are used in these Terms and Conditions, they shall have the following meanings:

Product – goods offered for sale by the Store.
Consumer – a natural person entering into a legal transaction with the Seller, which is not directly related to their business or professional activity (as defined in Article 221 of the Polish Civil Code).
Seller – Archive by X Mateusz Marmurowicz, ul. Nakielska 144B, 85-391 Bydgoszcz, Poland, NIP: 9671475769, REGON: 528385250.
Business Customer – a person conducting business activity, regardless of its form.
Customers – Consumers and Business Customers who purchase Products in the Store.
GDPR – 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.

2. General Provisions

These Terms and Conditions define the rules for using the Store, including the rights and obligations of the Seller and the Customer, the rules for placing orders, concluding and terminating sales contracts, and the rules for handling complaints and protecting personal data. These Terms and Conditions also govern the provision of electronic services, which are provided solely to enable Customers to make purchases through the Store.

Customers may access these Terms and Conditions free of charge at any time on the website: https://www.archivebyx.com/pages/regulamin. The Terms and Conditions are also provided to Customers during the order process and attached to the email confirming the conclusion of the contract.

These Terms and Conditions apply to both Consumers and Business Customers, except for provisions that explicitly refer to Consumers.

Customers may communicate with the Seller via email or in writing (contact details are provided in the Preamble). Orders are placed using the order form, as described in Section 3 of these Terms and Conditions.

All announcements, advertisements, price lists, and other information on the website www.archivebyx.com do not constitute an offer within the meaning of the Civil Code but an invitation to conclude a contract under Article 71 of the Civil Code.

3. Online Sales

The Store accepts orders from Customers via the website www.archivebyx.com. Orders can be placed 24 hours a day, 7 days a week. Placing an order constitutes an offer to conclude a sales contract for the Products in the order.

To place an order, the Customer must select the Products, add them to the cart, fill out the order form, choose the payment and delivery method, and confirm the order by clicking “Order with Obligation to Pay.” Orders placed through the Store are binding and require payment.

By placing an order, the Customer confirms that they have read and accepted these Terms and Conditions. Failure to accept these Terms and Conditions during the ordering process prevents the Customer from purchasing Products through the Store.

After placing an order, the Store will send a confirmation email to the Customer. The sales contract is concluded when the Customer receives this email. Contracts are concluded in English.

4.1 Product Prices
All prices are displayed in Polish Złoty (PLN) and are gross prices (including all applicable taxes). Prices do not include shipping costs.

4.2 International Payment Methods
We accept the following payment options:

Credit/Debit Cards: Visa, Mastercard, American Express, Maestro, UnionPay.
Digital Wallets: Apple Pay, Google Pay, Shop Pay, Revolut Pay.
Local Methods: BLIK (Poland), Klarna (EU/selected countries), PayU (bank transfers and cards).
Payments are securely processed via Stripe or Shopify Payments.

4.3 Shipping Costs and Delivery Times

Poland:
- Delivery via InPost, Pocztex Kurier (2–5 business days).
- Cost: 15–30 PLN (depending on the carrier).
International Orders:
- Carriers: EMS (Polish Post), FedEx, DHL, DPD.
- Estimated Delivery Times:
  - EU: 5–10 business days | Cost: 50–80 PLN
  - USA/Canada: 7–14 business days | Cost: 120–200 PLN
  - Asia/Australia: 10–21 business days | Cost: 150–250 PLN
- Delays due to customs are possible. Tracking numbers are provided for all orders.

4.4 Customs and Import Taxes

EU Customers: No additional taxes apply.
Non-EU Customers: You are responsible for customs duties, VAT, and import fees. These charges vary by country and are not included in the product price or shipping costs. Contact your local customs office for details.

5. Complaints

The Seller is obligated to deliver Products free from physical and legal defects (warranty), except for used Products, whose condition is described on the Product page. The Seller is liable for defects under the provisions of Articles 556-576 of the Polish Civil Code.

Complaints can be submitted via the complaint form available at www.archivebyx.com/pages/reklamacje or by mail to the Seller’s address. The complaint should include the Customer’s contact details, a description of the defect, and the date it was discovered.

The Seller will process the complaint within 14 days of receipt. If the complaint is justified, the Seller will repair, replace, or refund the defective Product.

6. Right of Withdrawal

6.1 Withdrawal Period
Consumers may withdraw from the contract within 14 days of receiving the goods.

6.2 Return Process

Notify us via email (contact@archivebyx.com) to initiate a return.
Return address (Poland):
Archive by X Mateusz Marmurowicz
ul. Nakielska 144B,
85-391 Bydgoszcz, Poland

6.3 Return Costs

EU Customers: We cover return shipping costs up to 20 PLN (cheapest method).
Non-EU Customers: You bear the full cost of international returns. Use a tracked shipping method (e.g., DHL, FedEx).

6.4 Condition of Goods
Products must be unused, in original packaging, with tags attached.

7. Electronic Services

7.1 Scope of Services
The Store provides the following electronic services:

User Account: Customers can create an account to manage orders, track shipments, and save payment details.
Order Form: Customers can place orders for Products via the online form.

7.2 Account Registration

To create an account, provide your name, email address, and shipping address.
Accounts are free of charge and can be deleted at any time by contacting us at contact@archivebyx.com.

7.3 Technical Requirements
To use the Store, you need:

A device with internet access (e.g., computer, smartphone).
A web browser (e.g., Chrome, Firefox, Safari).
An active email account.

7.4 Security

We use SSL encryption to protect your data.
You are responsible for keeping your account credentials secure.

8. Personal Data

8.1 Data Controller
The controller of your personal data is Archive by X Mateusz Marmurowicz, ul. Nakielska 144B, 85-391 Bydgoszcz, Poland. Contact: contact@archivebyx.com.

8.2 Purposes of Data Processing
We process your data to:

Fulfill orders and provide customer support.
Handle complaints and returns.
Send marketing communications (if you consent).

8.3 Data Retention

Your data is stored for the duration of the contract and for up to 2 years afterward to comply with legal obligations.
Account data is stored until you delete your account.

8.4 Your Rights
Under the GDPR, you have the right to:

Access, correct, or delete your data.
Restrict or object to data processing.
Receive your data in a portable format.
Lodge a complaint with the Polish Data Protection Authority (PUODO).

8.5 Data Transfers

Your data may be transferred to payment processors (e.g., Stripe) or shipping carriers (e.g., DHL).
For international transfers, we ensure compliance with GDPR safeguards.

9. Legal Compliance for International Customers

9.1 EU Consumers

Your rights under the EU Consumer Protection Directive 2011/83/EU apply (14-day withdrawal period, transparent pricing).
For disputes, use the EU ODR platform: https://ec.europa.eu/consumers/odr.

9.2 Non-EU Customers

By placing an order, you agree that Polish law governs the contract.
For countries with mandatory local consumer laws (e.g., UK, Australia), we comply with applicable regulations.

9.3 Dispute Resolution

We aim to resolve disputes amicably. If unresolved, disputes may be settled in Polish courts.

10. Language and Currency

These Terms are provided in English.
All prices are displayed in PLN.
Multi-currency support (e.g., EUR, USD) will be introduced soon. Check our website for updates.