Mr. Strapsky Online Store – Terms and Conditions
Introduction
This document is the official Terms and Conditions of the Mr. Strapsky online store, available at www.mrstrapsky.com(“Online Shop”). The Online Shop is operated by Michał Staszewski, conducting business under the name Mr. Strapsky Michał Staszewski, with a business address at ul. Jesionowa 37/33, 50-504 Wrocław, Poland, Tax ID (NIP): 883-179- 27-81, National Business Registry (REGON): 020549035 (“Merchant”).
Contact information: For inquiries or issues, you may contact the Merchant via email at shop@mrstrapsky.com.
Legal basis: This document is the store’s regulations as defined by Article 8 of the Polish Act of 18 July 2002 on the Provision of Electronic Services. It defines the types and scope of services provided electronically via the Online Shop, the terms of concluding sales contracts through the Online Shop, the procedure for fulfilling those contracts, the rights and obligations of the Client and the Merchant, as well as the withdrawal, return, and complaint procedures. By using the Online Shop and/or placing an order, the Client agrees to these Terms and Conditions.
I. Definitions
For the purposes of these Terms and Conditions, the following definitions apply:
• Online Shop – the website and online store accessible at https://mrstrapsky.com, through which the Client may browse the Merchant’s offer and purchase Merchandise. • Merchant – Michał Staszewski, conducting business under the company name Mr. Strapsky Michał Staszewski, with the address ul. Jesionowa 37/33, 50-504 Wrocław, Poland, NIP 8831792781, REGON 020549035. The Merchant is the seller of the Merchandise and the provider of services via the Online Shop.
• Client – any person or entity that purchases or intends to purchase Merchandise from the Online Shop or uses other services of the Online Shop. This may be: o a Consumer – a natural person who performs a legal act (such as making a purchase) with the Merchant not directly related to their business or
professional activity (i.e. for purposes outside their trade, business, craft, or profession), or
o a Business Client – an individual, legal person, or organizational unit without legal personality (but with legal capacity under applicable law) that is not a Consumer, acting in connection with their business or professional activity.
• Merchandise (also “Product”) – any product available for sale in the Online Shop, being a movable item (for example, a guitar strap) offered by the Merchant.
• Sales Contract – a distance contract of sale concluded between the Client and the Merchant via the Online Shop, the subject of which is the purchase of Merchandise. • Service – any service provided electronically by the Merchant to the Client via the Online Shop, such as maintaining a user account or enabling the submission of an order.
• Client’s Account – a user account in the Online Shop’s IT system, created for a Client who registers on the website. The Account stores the Client’s provided information (such as contact details, shipping addresses) and order history.
• Registration Form – an electronic form available on the Online Shop that allows one to create a Client’s Account by providing required data.
• Order Form – an electronic form (shopping cart checkout form) in the Online Shop used by the Client to place an Order (submit an offer to purchase chosen Merchandise under the terms herein).
• Working Day (or Business Day) – any day from Monday to Friday, excluding public holidays observed in Poland.
II. General Provisions
1. Applicable Law: All agreements and legal relationships between the Client and the Merchant shall be governed by the laws of Poland. However, if the Client is a Consumer residing in another member state of the European Union, this choice of Polish law does not deprive the Consumer of the protection afforded to them by provisions that cannot be derogated from by agreement under the law of the country of the Consumer’s habitual residence (this means that the Consumer may have additional rights under their local mandatory consumer laws).
2. Acceptance of Terms: The Client is expected to read these Terms and Conditions before using the Online Shop or placing an order. By using the Online Shop services or purchasing Merchandise, the Client acknowledges and accepts these Terms and Conditions. The Merchant will make the text of these Terms and Conditions available to the Client free of charge before conclusion of a contract, and the Client can easily store and reproduce them (for example, by saving or printing a copy).
3. Compliance: The Client agrees to use the Online Shop in accordance with these Terms and Conditions, applicable law, and good practices. The Client shall not engage in activities that could interfere with the functioning of the Online Shop or use it in a manner contrary to its intended purpose. The Merchant is obliged to provide services to the Client in accordance with these Terms, in a professional manner, and in compliance with applicable laws.
4. Privacy: The Merchant respects Clients’ privacy and will process personal data in accordance with applicable data protection laws, including the European Union’s General Data Protection Regulation (EU Regulation 2016/679, “GDPR”) and Polish data protection regulations. By placing an order or creating an Account, the Client consents to the collection and processing of their personal data by the Merchant as necessary to fulfill the contract and provide the services. Detailed information on the collection, processing, and protection of personal data is provided in the Privacy Policy available on the Online Shop website (see Section XII below for more on personal data).
5. Amendments: The Merchant reserves the right to amend these Terms and Conditions for valid reasons (such as changes in law, scope of services, or business processes). Any changes will be communicated by posting the new Terms and Conditions on the Online Shop website and – in the case of Clients who have an Account or ongoing
orders – by appropriate means (e.g. e-mail notification). Amendments will come into effect not sooner than 14 days after being announced. Contracts concluded before the effective date of amendments will be fulfilled on the basis of the Terms and Conditions that were in force at the time of concluding those contracts. If a change occurs during an ongoing continuous service (such as maintaining an Account), the Client has the right to terminate that service contract within 14 days if they do not accept the new terms; failure to do so will be deemed acceptance of the changes.
6. Scope of Terms: Any matters not regulated in these Terms and Conditions shall be governed by the relevant provisions of Polish law, including (as applicable) the Polish Civil Code, the Act of 30 May 2014 on Consumer Rights, the Act of 18 July 2002 on Electronic Provision of Services, and other applicable legislative acts. These Terms and Conditions do not limit or waive any consumer rights that are mandatorily provided by law.
III. Electronic Services in the Online Shop
1. Services Provided: Through the Online Shop, the Merchant provides the following electronic services to Clients:
o Displaying and providing information about the Merchant’s products, promotions, and company news.
o Enabling the placement of orders for Merchandise available in the Online Shop via the Order Form.
o Optional creation and maintenance of a Client’s Account, which stores the Client’s data and order history for convenience in future transactions.
o Facilitating electronic correspondence (e.g. communication about orders, password resets, newsletters if subscribed).
2. Account Registration: Creating a Client’s Account is free and voluntary. To register an account, the Client must fill out the Registration Form with the required personal information (such as name, email, and password, and possibly address details) and submit it through the Online Shop. A contract for maintaining the Account (an electronic service of indefinite duration) is concluded when the registration process is completed. The Account service continues for an indefinite period until terminated by the Client or Merchant in accordance with these Terms.
3. Account Termination: The Client may discontinue the Account service at any time by deleting their Account or by sending a request to the Merchant (for example, via email) to delete the Account. Termination will be effective immediately (or as specified in the request). The Merchant may terminate or suspend the Account service for a Client with 14 days’ notice if the Client seriously violates these Terms and, despite being called upon to cease such violations, fails to comply. In case of minor or administrative violations, the Merchant will first request the Client’s compliance before any termination.
4. Technical Requirements: To use the Online Shop and its services, the Client must have:
o A device with internet access and a standard up-to-date web browser that accepts cookies and has JavaScript enabled.
o An active email account (for communication and to receive order
confirmations).
o In some cases, software capable of reading PDF files (for viewing
downloadable attachments like these Terms or forms).
o The Client is responsible for any fees related to internet access or data transmission that are incurred while using the Online Shop, as per the
agreement with their internet service provider.
5. Service Availability: The Merchant strives to ensure the Online Shop is accessible 24 hours a day, 7 days a week. However, the Merchant reserves the right to temporarily suspend access to certain functionalities of the Online Shop for maintenance, upgrades, or technical issues. Any such interruptions will be limited to the necessary duration, and the Merchant will make efforts to schedule maintenance at off-peak times and inform Clients in advance if possible. Suspension or downtime of the Online Shop’s functionalities will not affect the rights of Clients stemming from orders already placed or services already in progress.
6. Usage Guidelines: Clients shall not provide unlawful content or use the services in a way that disrupts the operation of the Online Shop or the experience of other users. The Merchant may disable or remove any content posted by Clients in the Online Shop (such as product reviews or comments, if such functionality exists) that violates the law, these Terms, or the rights of third parties.
IV. Conclusion of Sales Contract (Ordering Process)
1. Product Offer and Pricing: All product listings on the Online Shop are invitations to treat (offers to the Client to make a purchase under the terms stated). Product prices are listed in the Online Shop in the designated currency (for example, US Dollars or Polish Złoty, as indicated) and are gross prices which include any applicable taxes (such as VAT) under Polish law. Prices do not include delivery/shipping costs or any potential customs duties for international shipments – these additional costs are indicated separately during the ordering process. The Merchant reserves the right to change product prices, introduce new products to the offer, or modify or cancel promotions at any time. Such changes do not affect contracts already concluded (orders confirmed by the Merchant before the change will be honored at the previously agreed price).
2. Order Placement: The Online Shop accepts orders 24 hours a day, seven days a week. To place an order, the Client should:
1. Browse the Online Shop and add the desired Merchandise to the virtual shopping cart (by clicking an “Add to cart” or similar button). The Client may adjust quantities or remove items in the cart before finalizing the order.
2. Proceed to the checkout by filling in the Order Form – providing all required data for the fulfillment of the order. This includes personal details (and optionally company details if needed), delivery address, contact information, and selecting a delivery method from the options provided.
3. Select a payment method (currently, prepayment via PayPal is offered – see Section VI) and provide any payment details as prompted by the payment processor.
4. Review the summary of the order, including the items, their total price, delivery cost, and any applicable discounts. The Client should also review these Terms and Conditions (a link or checkbox is typically provided) and then confirm their acceptance of the Terms.
5. Submit the order by clicking the appropriate button (e.g., “Order with obligation to pay” or equivalent). By doing so, the Client makes a binding offer to purchase the chosen Merchandise under the conditions stated (including these Terms).
3. Order Confirmation and Contract Formation: After the Client submits an order, the Merchant will acknowledge receipt of the order via an email sent to the email address provided by the Client. This order receipt email is not yet the final acceptance of the Client’s offer unless explicitly stated. The Merchant will then verify the availability of the Merchandise and the details of the order. The Sales Contract between the Client and the Merchant is considered concluded at the moment the Client receives an order confirmation email from the Merchant stating that the order is accepted and being processed. This confirmation will include the essential terms of the contract, specifically: a description of the Merchandise purchased, quantity, price (including delivery costs and any applicable taxes or discounts), chosen delivery method, expected delivery time, and the Merchant’s contact and business details. If for some reason the Merchant cannot accept all or part of the order (e.g., the item is out of stock or there was a pricing error), the Merchant will inform the Client and may propose alternatives or a partial acceptance of the order. In case of pre-payment for an unavailable item, the Merchant will promptly refund the relevant amount.
4. Record of Contract: The content of the concluded Sales Contract (order details and these Terms & Conditions as of the date of order) will be recorded and stored by the Merchant’s system. The Client will receive via email the order details and/or a copy of these Terms or a link to them. Clients who have an Account can also review their order history within their Account dashboard.
V. Delivery and Order Fulfillment
1. Order Processing: The Merchant processes accepted orders on Working Days. Order fulfillment (processing) time includes the time needed to prepare the product for shipment (which may include hand-crafting or quality checking in the case of custom items), packaging the order, and handing it over to the chosen carrier. The average order fulfillment time is up to 14 Business Days. Many orders (especially for in-stock standard items) are fulfilled sooner, but some items (such as custom shop straps or backordered products) may require the full processing time. If the Merchant anticipates that processing an order will take longer than this average period, the Merchant will inform the Client via email and arrange a solution, which may include an updated estimated dispatch date or options for the Client to change or cancel the order if the timing is not acceptable.
2. Shipping and Delivery: The Merchant offers multiple shipping options (e.g., courier services such as FedEx or UPS, or national postal service) as detailed on the Online Shop’s Delivery page. The Client selects the preferred delivery method when placing the order. Delivery times vary depending on the method and destination (for example, within Europe delivery may take a few days, whereas international shipments outside Europe can take longer). All orders are dispatched from Poland, and deliveries are made on Working Days (carriers generally do not count weekends or public holidays in transit times). The Client will be informed when the order has been shipped, and if a tracking number is available for the shipment, it will be provided to the Client.
3. Shipping Costs: Unless explicitly stated otherwise (such as a “free shipping” promotion or a flat rate policy), the Client is responsible for the cost of delivery. Shipping fees are presented to the Client during the checkout process and depend on the chosen delivery method and destination. These fees must be paid together with the price of the Merchandise as part of the order payment. The shipping cost covers one delivery attempt to the Client. Important:If a shipment is being delivered to a country outside of the European Union, additional import duties, customs taxes or fees may
be imposed by the destination country’s authorities. Any such charges
are not included in the purchase or shipping price and are beyond the Merchant’s control; they are the responsibility of the Client (the importer). It is recommended that Clients outside the EU check with their local customs office about any potential import duties. The customs declaration for the product will reflect its value (purchase price plus any shipping paid), and those values may be used to calculate import fees.
4. Transfer of Risk: For Consumers, the risk of accidental loss or damage to the Merchandise passes to the Client when the item is delivered into the Client’s possession (or that of a person indicated by the Client to receive the delivery, other than the carrier). If the Client is not a Consumer (see Section X for Business Clients), the risk passes earlier – specifically, risk passes to the Client upon the Merchant’s handover of the product to the carrier for delivery to the Client.
5. Receipt of Goods: Upon receiving the delivery, the Client should promptly inspect the shipment. In particular, the Client should check the external condition of the package and the contents to ensure there is no damage or missing items:
o If the package is damaged or shows signs of tampering, or if the contents are found to be damaged or not in order, the Client is strongly advised
to immediately notify the courier and have a damage report/protocolcreated in the presence of the courier (most delivery companies have standard
procedures for this).
o The Client should also promptly inform the Merchant about any such issues (preferably via email to shop@mrstrapsky.com, including the order number and a description of the problem, and if possible, photos of the damage and a copy of the courier’s report).
Prompt inspection and reporting of damage will assist in the complaint process against the carrier or otherwise facilitate a faster resolution of the problem. Please note that failure to immediately report shipping damage does not by itself deprive the Consumer of any warranty or statutory rights, but it can help as evidence that the issue was due to shipping.
6. Failed Delivery: If a shipped order is returned to the Merchant due to reasons attributable to the Client (for example, the Client provided an incorrect address, failed to pick up the package from the post office or parcel locker in time, or unjustifiably refused the package upon delivery), the Client may be charged for the costs of that failed delivery and any costs of reshipping the item (if the Client still wishes to receive the product). The Merchant will contact the Client to arrange re-delivery. If the Client no longer wants the product, the situation may be treated as an unauthorized withdrawal (for non-Consumer clients) or as a withdrawal (for Consumers, within the 14-day period, though shipping costs might not be refunded in such a scenario beyond the first attempt). The Merchant will not re-send the Merchandise until any outstanding reasonable delivery costs from the initial failure are covered by the Client, unless the initial failure was caused by the carrier or the Merchant.
VI. Payment Methods and Invoicing
1. Accepted Payments: The Merchant only accepts prepayment for orders (advance payment before order dispatch). Payment is processed electronically via the PayPal payment system. This allows Clients to pay using their PayPal account balance or supported payment cards via PayPal. The payment is handled by PayPal
(Europe) S.a.r.l. et Cie, S.C.A., and the use of this payment method is subject to PayPal’s own terms of service available on their website. At the time of checkout, the Client will be redirected to the secure PayPal portal to complete the payment. Currently, Cash on Delivery or direct bank transfers are not offered, unless explicitly arranged on a case-by-case basis.
2. Currency: Transactions are generally processed in the currency indicated on the Online Shop (e.g., USD). If the Client’s payment source is in a different currency, PayPal will perform currency conversion according to their rates and may charge conversion fees. The final amount charged in the Client’s local currency can vary due to exchange rates.
3. Payment Deadline: The Client is obliged to make payment for the order within 7 Business Days from the date of concluding the Sales Contract (i.e., from receiving the order confirmation email). If the Merchant does not receive the payment within that timeframe, the Merchant reserves the right to cancel (terminate) the Sales Contract for that order. In practice, the Merchant may send a reminder to the Client before cancellation. If the order is canceled due to non-payment, any eventual late incoming payment will be refunded to the Client or can be applied to a new order, as agreed with the Client.
4. Order Execution: The Merchant will begin processing the order (as described in Section V) once the payment has been credited in full to the Merchant’s account. In the case of PayPal, this usually means as soon as PayPal notifies the Merchant of a successful transaction by the Client. The order fulfillment timeframe (Section V.1) starts from that moment.
5. Proof of Purchase: The Merchant will provide the Client with a proof of purchase for each order. This may be in the form of an electronic invoice or receipt sent to the Client’s email address, or a paper receipt included with the shipped Merchandise (or both). The proof of purchase will include the Merchant’s details, the Client’s details (if provided for invoicing), the products purchased, amounts paid, and any VAT or tax information as required by law. Clients who require an invoice with company details (for business purposes) should provide the necessary information (company name, address, tax ID) at the time of ordering.
VII. Liability for Defects (Warranty Claims and Complaints about Goods)
1. Statutory Warranty: The Merchant is liable to the Client for any physical or legal defects of the sold Merchandise, in accordance with the provisions of the Polish Civil Code (in particular, Article 556 and subsequent articles governing the seller’s responsibility for defects, known as “rękojmia” or statutory warranty). A physical defect means the item is inconsistent with the contract, especially if it does not have the properties that it should have given the purpose of the contract or what was assured by the Merchant or its description. A legal defect means the item is owned by a third party or is subject to the rights of a third party (for example, if it was stolen or if a third party has a lien on it), or if the use of the item is restricted by a decision of an authority.
2. Scope of Liability: The Merchant’s liability for defects covers defects that existed at the time the Merchandise was delivered to the Client or which arose from a cause inherent in the product at that time (even if the defect becomes apparent later). The Merchant is not liable for defects about which the Client was clearly informed before
purchase or of which the Client was aware at the time of concluding the Sales Contract (for example, if a product was sold as a clearly marked defective or outlet item). Additionally, the Merchant is not responsible for normal wear and tear of the Merchandise arising from its regular use. In other words, a reduction in value or usability due solely to the normal, proper use of the product is not considered a “defect” under warranty.
3. Warranty Period for Consumers: If the Client is a Consumer, the statutory warranty period for new goods is 2 years from the date of delivery of the Merchandise to the Consumer. For used goods (if such are sold in the Online Shop and are clearly identified as used), the Merchant may limit the warranty period for Consumers to 1 year from the date of delivery. (The Online Shop predominantly sells new, hand-made products; if any product is sold as used or second-hand, it will be indicated and the differing warranty period will be specified.) Any defect that is discovered within that time should be reported to the Merchant as soon as possible. However, please note that under Polish law, if a physical defect in a product is discovered by a Consumer within two years (one year for used items, if applicable) of delivery, it is presumed to have existed at the time of delivery (unless proven otherwise), which facilitates the Consumer’s claim.
4. Warranty for Business Clients: If the Client is not a Consumer (e.g., a Business Client purchasing for professional purposes), the statutory warranty liability of the Merchant is excluded by these Terms to the fullest extent permitted by law (as allowed by Article 558 §1 of the Polish Civil Code). This means Business Clients may not claim remedies from the Merchant for defects under the Civil Code’s warranty provisions; any issues will be handled on a case-by-case basis or under any manufacturer’s guarantee if one is provided. (This exclusion does not affect any separate guarantees that may be offered by manufacturers.)
5. Submitting a Complaint (Defective Goods): If the Client (consumer) discovers a defect in the purchased Merchandise within the applicable warranty period, the Client has the right to submit a complaint to the Merchant. The complaint can be submitted in any form, for example:
o By email: Send a message to the Merchant’s contact
email shop@mrstrapsky.com with a description of the defect, the date when it was discovered, and the Client’s preferred resolution (see point 6 below). Please include the Client’s name and order number or other identifying information to help locate the transaction.
o By mail: Send a written complaint letter to the Merchant’s business address (Mr. Strapsky Michał Staszewski, ul. Jesionowa 37/33, 50-504 Wrocław, Poland) or to the return address for goods (see point 9 below). The letter
should include the same information as above (identification of Client and order, description of defect, and desired solution).
It is recommended (but not required) to use the Complaint Form template provided by the Merchant (Attachment No. 2 to these Terms and Conditions) as it will prompt for all necessary information, ensuring nothing is overlooked. Using the template can expedite processing, but any clear statement of the issue and request will suffice.
6. Consumer’s Rights (Warranty Remedies): In accordance with the Civil Code, if the product is defective, a Consumer Client has the following options for resolution: o Repair or Replacement: The Consumer can request that the Merchant repair the product or replace it with a new, defect-free item. The Merchant may
choose either solution if the Consumer’s preference would be impossible or excessively costly compared to the alternative. The Merchant should do so within a reasonable time and without excessive inconvenience to the Consumer.
o Price Reduction: The Consumer may request an appropriate reduction of the price if the defect is minor or if the Consumer is willing to keep the product despite the defect.
o Withdrawal (Refund): If the defect is significant (not minor), the Consumer may declare withdrawal from the contract, which means returning the defective product to the Merchant in exchange for a refund of the price paid.
Important: The Consumer cannot demand a refund (withdraw from the contract) if the defect is only minor (insignificant). Also, the Consumer’s right to either price reduction or refund is subject to the Merchant’s right to promptly and effectively cure the defect: the Consumer may not withdraw or demand a price reduction if the Merchant immediately offers and effectuates a repair or replacement that brings the product into conformity with the contract. However, if the product has already been repaired or replaced by the Merchant previously or the Merchant fails to repair/replace in a timely manner, the Consumer then retains the right to seek a price reduction or to withdraw from the contract for the defect.
7. Merchant’s Response to Complaint: The Merchant will respond to the Client’s complaint within 14 calendar days from the day of receiving the complaint (whether by email or mail). The response will be given in writing or via email. If the Merchant does not respond to a Consumer’s complaint within this 14-day period, by law it is assumed that the complaint is accepted and the Consumer’s request (e.g., for repair, replacement, price reduction or refund) is justified and will be honored. In case of a justified complaint, the Merchant will promptly fulfill the Consumer’s rights as appropriate (repair, replacement, refund, etc.).
8. Costs of Complaint Resolution: If the Client exercises rights under the statutory warranty (for a justified defect claim), the return shipping costs and any costs of repair or replacement are borne by the Merchant. The Consumer should coordinate with the Merchant regarding the return: the Merchant may provide a return shipping label or ask the Consumer to ship the item back and then reimburse the cost. Any repair or replacement will be carried out at the Merchant’s expense. If a replacement is provided, it will be a new product free of defects. If a price reduction is agreed, the refund of the price difference will be processed to the Consumer. If a refund (withdrawal) is agreed, Section VIII.5 on refunds (for withdrawals) will apply accordingly to the timeline and method.
9. Return Address for Defective Merchandise: In cases where the product needs to be returned to the Merchant for inspection, repair, or replacement, the Merchant will provide instructions. Generally, the return shipping address for Merchandise is: Mr. Strapsky – Returns, ul. Żeleńskiego 11, 58-309 Wałbrzych, Poland. The Merchant may, at their discretion, arrange a pickup of the defective item from the Client or ask the Client to send it back via a postal/courier service (in which case the Merchant will typically reimburse the shipping cost or provide a prepaid label).
10. Manufacturer’s Guarantee (if applicable): Separately from the above statutory warranty from the Merchant, some Merchandise might come with a manufacturer’s guarantee (warranty) – for example, if a particular component or material is guaranteed by its manufacturer. Any such guarantee is a separate commitment of the
manufacturer (not the Merchant) and will be detailed in the product packaging or documentation if it exists. The existence of a manufacturer’s guarantee does not limit the Consumer’s rights under the statutory warranty; the Consumer can choose to claim under the statutory warranty with the Merchant or under the manufacturer’s guarantee (if applicable) or both. The Merchant, however, does not itself offer a conventional “commercial guarantee” unless explicitly stated for specific products; the liability described in this section is based on law.
VIII. Right of Withdrawal from the Sales Contract (Returns by Consumer)
1. Right of Withdrawal (General): If the Client is a Consumer (a natural person making a purchase for purposes unrelated to business/professional activities), they have the right to withdraw from a distance sales contract with the Merchant within 14 calendar days without giving any reason, in accordance with applicable consumer protection laws (specifically, pursuant to Article 27 of the Polish Act of 30 May 2014 on Consumer Rights, which implements EU directives on consumer rights). The 14- day withdrawal period is counted from the day the Consumer (or a third party indicated by the Consumer, other than the carrier) receives the Merchandise. If the purchase involved multiple items delivered separately, the period runs from the receipt of the last item of the order.
2. EU Consumers and Others: This right of withdrawal applies to Consumers from Poland and other European Union member states. Consumers who are not citizens or residents of an EU member state, and whose delivery address is outside the EU, may not be entitled to the above 14-day withdrawal right under these Terms (as the statutory right of withdrawal stems from EU law). The Merchant extends the 14- day return right to Consumers within the EU. For non-EU Customers, returns will be handled in accordance with the store’s return policy or applicable law on a case-by case basis (if any). (In practice, the Merchant aims to work with all clients to resolve issues, but non-EU purchases are considered final unless otherwise required by local law or arranged individually.)
3. Exercising the Right – Withdrawal Procedure: To withdraw from the contract, the Consumer must inform the Merchant of their decision to withdraw by an unequivocal statement. The Consumer may use the Withdrawal Form template (Attachment No. 1 to these Terms and Conditions) which can be sent via email or mail, but using the template is not obligatory as long as a clear statement is provided. The statement should include at least: the Consumer’s name, their address or contact info, the order number (or other reference), and a declaration that they are withdrawing from the contract. The Consumer can send this statement:
o By email: to shop@mrstrapsky.com (if sent by email, the Merchant will promptly acknowledge receipt of such a withdrawal notice by replying via email).
o By postal mail: to the Merchant’s business address (Michał Staszewski, ul. Jesionowa 37/33, 50-504 Wrocław, Poland). We recommend emailing for speed, but postal communication is also valid; if sending by post, it is
advisable to send it via a method that provides proof of posting or delivery.
To meet the withdrawal deadline, it is sufficient for the Consumer to send the withdrawal notice before the 14-day period has expired. It doesn’t matter if the
Merchant receives it after the 14th day, as long as the postmark or send date is on or before the final day.
4. Obligations of the Merchant in Event of Withdrawal: If the Consumer withdraws from the contract:
o The Merchant will confirm receipt of the withdrawal request (if the request came via email, an email acknowledgment will be sent; if by post and an email is provided, an email or otherwise a written acknowledgment will be provided).
o The Merchant will reimburse all payments received from the Consumer, including the cost of delivering the goods to the Consumer (i.e. the original shipping fee paid by the Consumer, if any), no later than 14 calendar days from the day on which the Merchant was informed of the Consumer’s decision to withdraw. If only part of an order is returned, the original shipping cost refund may be prorated or in accordance with law (typically, if the order had a single shipping fee, it’s refunded in full only if the entire order is returned).
o The refund will be made using the same means of payment the Consumer used for the initial transaction, unless the Consumer has expressly agreed to a different method. For example, if paid via PayPal, the refund will normally be sent to the same PayPal account or card. In any case, the Consumer will not incur any feesas a result of the reimbursement.
o Exception – Deferred Refund: If the sale involved physical delivery of goods and the Merchant has not offered to collect the goods from the Consumer, the Merchant may withhold the refund until either the returned Merchandise is received back or the Consumer supplies evidence of having sent back the Merchandise, whichever occurs first. (This is in accordance with Article 32(3) of the Consumer Rights Act.)
5. Consumer’s Obligations in Event of Withdrawal: If the Consumer exercises the right of withdrawal:
o The Consumer must return the Merchandise to the Merchant or hand it over to a person authorized by the Merchant without undue delay and no later than 14 calendar days from the date on which they informed the Merchant about the withdrawal. To meet the deadline, it is enough to send out the Merchandise before the 14-day period has expired.
o The Consumer bears the direct cost of returning the Merchandise, unless the Merchant has agreed to bear that cost. (The Merchant does not typically provide free return shipping for a voluntary withdrawal, so the Consumer will need to pay for postage back to the Merchant. If the item by nature cannot be returned by regular post, the Merchant will estimate the cost of return or might assist in arranging pickup at the Consumer’s expense.)
o The Consumer should securely package the product for return to prevent damage in transit. It is recommended to include a copy of the purchase receipt or at least the order number and Consumer’s details inside the return parcel to help identify the return.
o The return should be sent to the following address (unless another return address is provided in the withdrawal confirmation): Mr. Strapsky – Returns (Withdrawal), ul. Żeleńskiego 11, 58-309 Wałbrzych, Poland. This is the returns processing address.
o Condition of Returned Goods: The Consumer is responsible for any diminished value of the Merchandise resulting from handling it in ways beyond what is necessary to establish the nature, characteristics, and
functioning of the item. In plain terms, the Consumer may inspect and try the product as one would in a physical store (to decide if they want it), but if the product is used or damaged beyond that, the refund may be reduced
proportionally to the decrease in value. For example, if a guitar strap is returned with obvious signs of use or damage, the Consumer might only receive a partial refund. The Merchant will evaluate the condition of returned items and inform the Consumer of any deductions for diminished value in writing.
6. Exceptions to the Right of Withdrawal: The 14-day no-fault withdrawal right is not absolute. By law, certain types of contracts are exempt from this right. In particular, the Consumer cannot withdraw from the contract if:
o The product supplied is made to the Consumer’s specifications or clearly personalized. This includes custom-made guitar straps or special orders that are produced according to the Client’s specific request (e.g. a strap with a custom embroidery, unique materials chosen by the Client, etc.). Such items, by nature, cannot be simply resold or reused by the Merchant, hence the law’s exception (Art. 38(3) of the Act on Consumer Rights).
o Other exemptions (which may be listed in Article 38 of the Act on Consumer Rights) could include: sealed items that were unsealed after delivery and are not suitable for return for health or hygiene reasons, goods that after delivery are inseparably mixed with other items, etc. However, these may not be relevant to the typical products of the Online Shop (guitar straps generally don’t fall under health/hygiene exceptions, for instance). The Merchant will inform Consumers before purchase if any item is non-returnable due to an exception.
The above exceptions mean that if, for example, the Consumer orders a custom shop strap with a unique design or monogram, once it is made and delivered, the Consumer does not have the right to return it just because they changed their mind. This does not affect any rights in case the product is defective – those can still be claimed under the warranty (Section VII).
IX. Termination of Electronic Service Contracts and Complaint Procedure (Services)
1. Withdrawal from Ongoing Electronic Services (by Client): Apart from the product purchase, if the Client is receiving continuous electronic services from the Merchant (such as maintaining a Client’s Account, newsletter subscription, etc.), the Client (whether Consumer or not) has the right to terminate the service contract at any time with immediate effect by sending a statement of termination to the Merchant. This can be done, for example, by email to shop@mrstrapsky.com or through any account settings that allow account deletion. No reason needs to be given for such termination. Termination of the Account service does not affect any Sales Contracts already concluded or underway; it simply deactivates the Account and related services going forward.
2. Termination/Suspension by Merchant: The Merchant reserves the right to terminate or suspend an electronic service contract of continuous and indefinite duration (such as the Account service or access to certain features) with a 14-day notice to the Client, if the Client violates these Terms and Conditions in a serious way (and especially if the Client continues to violate them despite a warning). In cases of extreme violation of law or these Terms, the Merchant may suspend the Account immediately while notifying the Client and investigating the issue. If the situation is resolved or explained, the Account may be reinstated; otherwise, the Merchant may terminate the service contract after 14 days from notice. Termination by the Merchant of an electronic service for cause does not prejudice the Merchant’s or third parties’ right to seek damages if the Client’s conduct caused harm.
3. Service Complaints: If the Client experiences issues with the electronic services provided by the Online Shop (e.g., website errors, inability to register or log in, technical glitches with the cart or payment process, etc.), the Client has the right to lodge a complaint regarding the service. Such complaints can be submitted via email to shop@mrstrapsky.com or in writing to the Merchant’s address. The complaint should include:
o The Client’s name and contact information (and username or account email if applicable).
o A description of the problem encountered, including the date and time it occurred and any relevant technical details (for example, the error message shown, steps taken that led to the issue).
o If possible, screenshots or copies of error messages can be helpful.
Providing as much detail as possible will help the Merchant diagnose and resolve the problem more quickly.
4. Handling of Service Complaints: The Merchant will address service-related complaints within 14 calendar daysfrom receiving the complaint. The response will be sent to the Client’s email address or other contact provided. The response will state whether the complaint is found to be justified and how the issue will be resolved, or if not justified, the reasons. If a complaint is not resolved within the 14-day period, and no reply is given in that time, and the Client is a Consumer, then the complaint is deemed to be acknowledged and accepted by the Merchant (meaning the Merchant should then promptly remedy the situation in favor of the Client). Minor delays in responses may occur during holiday periods or due to unforeseen circumstances, but the Merchant strives to meet this timeframe.
X. Special Provisions for Business Clients (Non-Consumer Transactions)
The following provisions of this section X apply only to Clients who are not Consumers (i.e., they are purchasing as a business, for professional use, or otherwise not qualifying as a consumer under applicable law):
1. Right to Cancel Order by Merchant: The Merchant has the right to withdraw from (cancel) a Sales Contract with a Business Client at any time before the product is delivered to the Client (or handed over to a carrier for delivery to the Client), without incurring any liability for damages or costs. This means that if a Business Client
places an order, the Merchant may at its discretion cancel the order (for example, due to stock issues, pricing errors, or other reasons) and the Business Client will not be entitled to claim compensation or damages beyond a refund of any price already paid. Of course, the Merchant will make efforts to avoid such situations and will inform the Business Client promptly if a cancellation is necessary, returning any payment received.
2. Limited Payment Methods: The Merchant reserves the right to limit the available payment methods for Business Clients. In particular, the Merchant may require full or partial prepayment from a Business Client even if other options are generally offered. (In practice, the Merchant already requires prepayment via PayPal for all clients; this clause would become relevant if, for example, invoice payment terms or cash on delivery were considered – the Merchant could decline those for Business Clients or require a deposit.)
3. Transfer of Risk: As noted in Section V.4, when selling to a Business Client, the risk of accidental loss or damage to the Merchandise passes to the Client at the moment the Merchant hands over the product to the carrier (shipping company) for delivery. If the product is lost or damaged in transit after that point, the Business Client would need to take it up with the carrier; the Merchant is not liable for such loss or damage (unless it was due to the Merchant’s fault in packaging, etc.). Business Clients may wish to insure their shipments if this is a concern; any insurance beyond standard carrier liability can be arranged at the Client’s request and expense.
4. Exclusion of Warranty for Defects: Under Article 558 §1 of the Civil Code, the statutory warranty for defects (described in Section VII) is entirely excluded in relationships with Business Clients. This means that the Merchant does not bear liability for physical or legal defects of the item towards Business Clients once the product is sold and delivered. Business Clients are expected to inspect the goods upon receipt and any further responsibility of the Merchant for defects is contractually waived. Any claims for defective products by a Business Client would have to be based on any separate guarantee or a direct arrangement with the Merchant, but not on the statutory warranty law. (This clause is standard in B2B terms in Poland.)
5. Limitation of Liability: Any liability of the Merchant towards a Business Client, whether in contract, tort or otherwise, is limited to actual damages suffered by the Business Client and will not include lost profits or indirect damages. Furthermore, the total liability of the Merchant for any claims related to an order or Sales Contract with a Business Client is capped at the value of that order. This limitation does not apply if the damage was caused by the Merchant’s intentional misconduct or in situations of mandatory liability (e.g., product liability to a consumer, which is not applicable in B2B anyway). Business Clients acknowledge that the price of products reflects this allocation of risk and liability.
6. No Right of Withdrawal: The statutory 14-day right of withdrawal (Section VIII) does not apply to non-consumer Clients. Orders by Business Clients are considered firm sales with no return right, unless otherwise agreed by the Merchant as a commercial policy gesture.
7. Dispute Resolution Jurisdiction: Any disputes arising between the Merchant and a Business Client shall be submitted to the exclusive jurisdiction of the courts competent for the seat of the Merchant (as further specified in Section XIII.6 below). Business Clients, by accepting these Terms, agree to this choice of jurisdiction.
XI. Limitation of Liability (General Disclaimers)
1. Data Accuracy: The Merchant is not responsible for consequences resulting from incorrect or incomplete information provided by the Client during the use of the Online Shop or when placing an order. This includes, for example, the Client providing an incorrect shipping address, email address, or failing to update information in their Account. The Client should ensure all data given to the Merchant is accurate and up-to-date. If the Client realizes they made an error (such as a typo in the delivery address), they should contact the Merchant immediately to try to correct it before the order is dispatched.
2. Client’s Use of the Shop: The Merchant is not liable for any outcomes arising from the Client’s use of the Online Shop in a manner that is contrary to these Terms, unlawful, or not intended by the Merchant. If the Client attempts to use the site for purposes it isn’t designed for, or violates any security measures, the Merchant may hold that Client responsible for any damages, and the Merchant’s liability to that Client is disclaimed.
3. External Factors: The Merchant shall not be held liable for any interruptions or errors in the provision of services caused by factors beyond the Merchant’s control, such as force majeure events, internet outages, technical failures on the part of hosting providers or payment processors, or other external disruptions. That said, the Merchant will make reasonable efforts to mitigate any service interruption and assist Clients as needed (for instance, if an order did not properly register due to a server issue, the Merchant will work with the Client to resolve the situation once aware of it).
4. Maintenance Downtime: As mentioned in Section III.5, the Merchant may temporarily suspend the functionality of the Online Shop for maintenance or upgrades. The Merchant is not liable for any potential loss of opportunity or inconvenience to the Client caused by such downtime, especially if it was scheduled and announced. The Merchant will not suspend active orders; these will be processed even if the website is down, as back-end processing can continue or resume after maintenance.
5. Links and Third-Party Content: If the Online Shop contains hyperlinks to websites not controlled by the Merchant (for example, links to social media or external articles), the Merchant is not responsible for the content or privacy practices of those third-party sites. Clients should exercise caution and read the terms of those sites when navigating away from the Online Shop.
6. Consumer Rights Unaffected: Nothing in these Terms and Conditions is intended to limit the Consumer’s rights under law. Certain disclaimers or limitations above may not apply to Consumers to the extent that they would conflict with their statutory rights. For instance, Sections XI.1–4 shall be applied in accordance with applicable consumer protection laws which may impose a higher duty or prohibit full exclusion of liability for Consumers.
XII. Personal Data Protection
1. Data Controller: The administrator (controller) of personal data provided by Clients in connection with using the Online Shop or concluding Sales Contracts is Michał Staszewski (Mr. Strapsky Michał Staszewski), with the address ul. Jesionowa 37/33, 50-504 Wrocław, Poland. Contact email for personal data
matters: shop@mrstrapsky.com.
2. Purpose and Scope of Data Use: The Client’s personal data is collected and processed by the Merchant only for specific purposes, such as:
o Processing and fulfilling orders (sales contracts) for Merchandise (legal basis: necessity for contract performance).
o Providing electronic services like account maintenance or handling inquiries (legal basis: contract performance or steps taken at the request of the data subject prior to entering into a contract).
o Handling complaints, returns, or warranty claims (legal basis: legal obligation and/or contract performance).
o Fulfilling legal obligations, for instance accounting and tax requirements (legal basis: compliance with legal obligations to which the Merchant is subject). o If the Client has subscribed to a newsletter or agreed to receive marketing communications – sending such communications (legal basis: consent, which can be withdrawn at any time).
o Ensuring the security of the Online Shop and preventing fraud (legal basis: legitimate interest of the Merchant).
The Merchant does not collect more data than necessary. Typically required data includes name, shipping address, email, and for purchases possibly a phone number (for delivery purposes) and payment details processed by third-party gateways (the Merchant itself does not store sensitive payment info like credit card numbers).
3. Voluntary Provision: Providing personal data by the Client is voluntary, but it is necessary to register an Account or place an order. Without the required data, the Merchant may not be able to conclude a contract or provide a service. For example, without an address, the Merchant cannot ship a physical product; without an email, the Merchant cannot send order confirmations.
4. Data Protection Measures: The Merchant implements appropriate technical and organizational measures to protect personal data against unauthorized access, loss, alteration, or destruction. These measures include using secure, encrypted connections (SSL) for the website, secure storage of customer databases, and limiting access to personal data only to authorized personnel. The Merchant also contracts with reputable third-party service providers (such as payment processors and hosting services) that employ high standards of data protection.
5. Client’s Rights: Under applicable data protection law, Clients (as data subjects) have the right to:
o Access their personal data (get a copy of the data and information on how it is processed).
o Rectify (correct) any inaccurate or incomplete data.
o Erase data (the “right to be forgotten”) in certain situations – for example, if data is no longer necessary for the purposes for which it was collected and the Merchant has no legal obligation to retain it.
o Restrict processing of their data in certain conditions.
o Object to processing based on the Merchant’s legitimate interests (including objection to direct marketing at any time).
o Data portability, which allows the Client to receive their personal data (that they provided) in a structured, commonly used format and transmit it to another controller if applicable.
o Withdraw consent at any time (if processing is based on consent), without affecting the lawfulness of processing based on consent before its withdrawal. o Lodge a complaint with a data protection supervisory authority (in Poland, this is the President of the Personal Data Protection Office) if they believe their data is being processed in violation of the law.
6. Detailed Privacy Policy: The Merchant has a detailed Privacy Policy available on the Online Shop website (usually accessible via a footer link titled “Privacy Policy”). That policy provides comprehensive information about personal data processing, including specific legal bases for processing, data retention periods, and information about cookies and similar technologies used on the site. Clients are encouraged to read the Privacy Policy. In case of any inconsistencies between this section and the Privacy Policy, the Privacy Policy (being the more detailed document) will prevail for interpretation of data handling practices.
XIII. Final Provisions
1. Intellectual Property: All content presented in the Online Shop, including but not limited to text, images, graphics, logos, design, and software, is the intellectual property of the Merchant or has been licensed to the Merchant. These works are
protected by copyright and other applicable intellectual property laws. It is forbidden to use, copy, reproduce, distribute, or modify any content from the Online Shop without the Merchant’s prior written consent, except for personal, non-commercial use necessary for using the store. Any unauthorized use of the Online Shop’s content may result in civil or criminal liability.
2. Amendment of Terms: (As stated in Section II.5) The Merchant may amend these Terms and Conditions for legitimate reasons. For example, changes in the law, adding new functionalities to the Online Shop, or changes in payment methods may necessitate an update to these terms. Whenever an update is made, the Merchant will notify Clients by posting the new version on the Online Shop and providing a notice on the homepage or via email (especially to those Clients who have Accounts or active orders). The notice will clearly indicate the effective date of the new terms, which will be at least 14 days after announcement. If a Client does not accept the revised Terms and Conditions, in the context of an ongoing service (Account, etc.), they have the right to terminate that service before the new Terms take effect. Orders placed before the changes take effect will be executed under the rules in place at the time of ordering.
3. Severability: If any provision of these Terms and Conditions is found to be unlawful or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, severed from these Terms. The legality and enforceability of the remaining provisions shall not be affected or impaired.
4. Out-of-court Dispute Resolution: In the event of a dispute between the Merchant and a Consumer, the Consumer has the option to use out-of-court complaint and redress mechanisms. Such mechanisms include:
o Permanent Consumer Arbitration Court: The Consumer can seek resolution of a dispute by the Permanent Consumer Arbitration Court operating at the Regional Inspekcja Handlowa (Trade Inspection) relevant to the Merchant’s business location. In Poland, these courts can adjudicate consumer disputes relatively quickly and without heavy fees.
o Mediation via Trade Inspection: The Consumer may request the regional Trade Inspection Inspectorate (for example, the Inspectorate in Wrocław, see their website for contact information) to initiate mediation proceedings between the Consumer and the Merchant in order to reach an amicable settlement. This is based on the Act of 23 September 2016 on Out-of-Court Settlement of Consumer Disputes (Polish Journal of Laws 2016, item 1823).
o Consumer Ombudsman: The Consumer can also seek free assistance from a municipal or county Consumer Ombudsman (Rzecznik Konsumentów) or a relevant consumer organization. These bodies can offer advice or intervene on behalf of the Consumer.
o Online Dispute Resolution (ODR): If the Consumer is in the EU, they may use the European Commission’s ODR platform available
at http://ec.europa.eu/consumers/odr/ to file a complaint and attempt to resolve a dispute electronically with the Merchant. The ODR platform is an interactive website designed to help consumers resolve disputes for online purchases without going to court.
Please note: These options are voluntary and require agreement from both parties to proceed (except simply contacting an ombudsman or mediation service for advice). The Merchant in general declares willingness to cooperate with consumers in resolving disputes amicably, but an explicit consent may be needed for specific ADR procedures.
5. Applicable Law and Jurisdiction: Contracts concluded between the Client and the Merchant are governed by Polish law (as stated in Section II.1). Any disputes that cannot be resolved amicably will be resolved by the common courts of Poland. The specific venue for dispute resolution depends on the status of the Client:
o If the Client is a Consumer, any disputes shall be resolved by a court having jurisdiction according to Polish law – generally, a Consumer may bring a claim either in the court having jurisdiction over the area of the Consumer’s place of residence or the Merchant’s registered address, whichever is favorable as per applicable laws. This provision ensures the Consumer’s rights to seek local jurisdiction under consumer laws.
o If the Client is not a Consumer (a Business Client), the parties agree that the court with jurisdiction over the Merchant’s registered office (Wrocław, Poland) shall have exclusive jurisdiction to settle any disputes arising from or in connection with the contract or these Terms and Conditions.
6. Attachments: The following attachments form an integral part of these Terms and Conditions:
o Attachment 1: Sample Withdrawal Form (for Consumers to use if they choose to withdraw from a distance contract within 14 days).
o Attachment 2: Sample Product Complaint Form (for reporting
defects/warranty claims).
Clients may download these forms from the Online Shop website or request them via email from the Merchant. While use of these exact templates is not mandatory for the Client, they are provided for convenience to ensure all necessary information is communicated.
7. Effectiveness: These Terms and Conditions come into effect on December 1, 2019 and remain in effect until amended. The English version of these Terms and Conditions is provided for the convenience of international clients. In case of any discrepancies between the English version and the Polish version of the Terms and Conditions, or for purposes of legal interpretation, the Polish version (the original “Regulamin”) will prevail. However, both versions aim to be consistent and the Merchant shall honor the provisions as stated herein for English-speaking Clients.
These Terms and Conditions are published on the Online Shop website. Clients can save or print a copy for their records. For any questions or clarifications regarding these Terms, please contact the Merchant at the provided contact email.