Terms of service
OVERVIEW
Welcome to the Atelier Silver Mouse store. The Atelier Silver Mouse online store is operated by Business Booster Sp. z o.o. with its registered office in Bielsko-Biała (“Seller”, “we”, “us”, “our”). The Atelier Silver Mouse store operates this website, including all related information, content, features, tools, products and services, in order to provide customers with a shopping experience (“Services”). The Atelier Silver Mouse store is powered by Shopify technology, which enables us to provide the Services to you.
These terms, together with the policies referred to herein (“Terms of Service” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully, as they contain important information about your rights and the rules for using the store.
By visiting, interacting with or using our Services, you accept these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, please do not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are of legal age under the laws applicable in your country of habitual residence and that you have the full legal capacity required to use the Services. If you allow minors under your care or supervision to use the Services, you are responsible for such use.
To use the Services, including browsing our online stores or purchasing products or services, we may ask you to provide certain information, such as your email address and billing, payment and shipping details. You represent and warrant that all information provided through the Services is true, current and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities carried out using your account. You may not transfer, sell, assign or license your account to any third party.
SECTION 2 — OUR PRODUCTS
We have made every effort to present our products and services accurately in our online stores. However, please note that the colors, shades and appearance of products displayed on a screen may differ slightly from the actual appearance of the product due to device settings, screen settings or the lighting used when taking the photographs.
Handmade products may have minor variations resulting from the nature of handmade production, in particular in terms of texture, finish or placement of details. This does not limit the consumer’s rights arising from the provisions on the conformity of goods with the contract.
Product descriptions may be changed where this is justified by an update to the offer, a change in availability, a change in product parameters or the need to correct errors. We reserve the right to withdraw a product from the offer or limit its availability, provided that this does not infringe the rights of customers arising from contracts already concluded.
SECTION 3 — ORDERS
When you place an order, you make an offer to purchase the selected products. Your order is accepted for processing once Atelier Silver Mouse confirms its acceptance. Before accepting an order, we must receive and process your payment.
Before placing an order, please carefully check the order details, including the selected product, size, personalization text, delivery address and contact details.
An order may be cancelled within 1 hour of being placed, in accordance with our Returns, withdrawal and order cancellation policy. This also applies to personalized orders, provided that the cancellation is requested within this time frame. The order may be cancelled through the customer account or by contacting us at: atelier@silvermouse.shop.
After the cancellation period has expired, cancellation of the order may not be possible, in particular if the order has already been made, personalized or shipped. This does not limit the statutory rights of the consumer, including the right of withdrawal, where such right applies in accordance with the law and our Returns Policy.
We may refuse to accept an order or cancel an order in justified cases, in particular where the product is unavailable, payment has not been properly completed, an obvious technical error has occurred, the information provided in the order is incomplete or incorrect, or fulfilling the order would be impossible or unlawful. If an order is rejected, changed or cancelled, we will notify you using the email address, billing address or telephone number provided at the time of placing the order.
Returns, withdrawal from the contract, exchanges and order cancellations are handled in accordance with our Returns, withdrawal and order cancellation policy.
SECTION 4 — PRICES AND BILLING
Prices, discounts and promotions may change without notice, provided that the price charged for a product or service is the price applicable at the time the order is placed. The price will be stated in the order confirmation email.
Prices in the store are displayed in the currency indicated in the store and include VAT, where applicable. Delivery costs are shown during the order process before the order is confirmed. For international shipments outside the EU, or where applicable under the laws of the country of delivery, additional customs duties and import taxes may apply. Their amount depends on the laws of the country of delivery and is borne by the buyer, unless expressly stated otherwise when placing the order.
Prices displayed in our online stores may differ from those offered through other sales channels or on external sales platforms. From time to time we may offer promotions on the Services which may affect prices and which may be subject to terms different from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account details and other information, including your email address and payment details, so that we can complete transactions and contact you if necessary.
You represent and warrant that you have the appropriate authorization to use the selected payment method to make purchases and that you will pay all charges incurred in accordance with the prices offered, including shipping, handling and any applicable taxes or fees.
SECTION 5 — SHIPPING AND DELIVERY
Delivery times are estimated. We will exercise due care to ensure that shipment and delivery take place within the declared time, but delays beyond our control may occur, for example on the part of the carrier or customs clearance. This does not limit the consumer’s statutory rights in the event of a delay in the performance of the contract.
In the case of consumers, the risk of accidental loss of or damage to the goods passes to the Customer when the goods are taken into physical possession by the Customer or by a third party indicated by the Customer other than the carrier.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, names, text, page layout and appearance, displays, images, graphics, product reviews, where made available as part of the Services, video and audio materials, as well as their design, selection and arrangement, are the property of Atelier Silver Mouse, Shopify or relevant third parties, such as licensors, and are protected by law, including copyright, trademark and other intellectual property laws.
These Terms allow you to use the Services solely for the purpose of browsing the store and placing and managing orders. In particular, it is prohibited to copy, reproduce, distribute, modify, create derivative works from, publicly perform or make available, download other than through standard browser caching, store or transmit any materials relating to the Services without prior written consent, unless mandatory provisions of law provide otherwise.
Unless these Terms expressly provide otherwise, no provision grants you any license or other rights to any intellectual property rights of Atelier Silver Mouse, Shopify or third parties. All rights not expressly granted under these Terms are reserved.
Logos, product and service names, designs, advertising slogans and the Atelier Silver Mouse name may constitute trademarks of Atelier Silver Mouse or its licensors. The use of such marks without the prior written consent of Atelier Silver Mouse is prohibited. The Shopify name, logo and names of Shopify products and services are trademarks of Shopify. All other names, logos, product and service names and marks appearing as part of the Services may be trademarks of their respective owners.
SECTION 7 — OPTIONAL TOOLS
We may provide you with access to customer tools offered by third parties through the Services, which we neither monitor nor control.
You acknowledge and accept that we provide access to such tools on an “as is” and “as available” basis. We are not responsible for the operation of optional third-party tools, unless such responsibility arises from mandatory provisions of law.
Your use of optional tools offered through the website is subject to the terms of access to such tools provided by the relevant third party.
We may also offer new features through our Services in the future, including new tools and materials. Such new features will also be deemed to form part of the Services and will be subject to these Terms of Service.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including any embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you access.
If you decide to leave our Services in order to access such third-party materials or websites, you do so at your own risk. We are not responsible for any damage suffered in connection with accessing third-party websites or purchasing or using any products, services, materials or content contained on third-party websites, unless such responsibility arises from mandatory provisions of law.
Please carefully review the policies and practices of third parties before entering into any transaction. Complaints, claims, concerns and questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
The Atelier Silver Mouse store is powered by Shopify technology. This enables us to provide our Services to you. All sales and purchases made in our store are carried out directly by Business Booster Sp. z o.o., which operates the Atelier Silver Mouse store.
Shopify is not a party to the sales contract concluded between the customer and the Seller. To the extent permitted by applicable law, Shopify is not responsible for the performance of the sales contract concluded in the Atelier Silver Mouse store.
SECTION 10 — PRIVACY POLICY
Any personal data we collect through the Services is subject to our Privacy Policy, and certain personal data may be subject to Shopify’s Privacy Policy, which can be accessed here. By using the Services, you acknowledge that you have read these policies.
Because the Services are hosted by Shopify, Shopify may collect and process personal data relating to your access to and use of the Services in order to provide and improve the Services. Information submitted through the Services may be transferred and shared with Shopify, as well as with third parties that may be based in countries other than your country of residence, in order to provide services to you. Please review our Privacy Policy for more details on how we, Shopify and our partners use your personal data.
SECTION 11 — FEEDBACK
If you submit, send, post, email or otherwise provide any ideas, suggestions, feedback, opinions, proposals, plans or other content, collectively referred to as “Feedback”, you grant us a non-exclusive, royalty-free license to use such Feedback to the extent necessary to operate, provide, evaluate, improve and promote the Services, and to exercise our rights and perform our obligations under these Terms.
You represent and warrant that you own or have all necessary rights to any Feedback and that your Feedback complies with these Terms and applicable law.
We may, but are not obliged to, monitor, edit or remove Feedback that we consider to be unlawful, offensive, dangerous, defamatory, libellous, pornographic, obscene or otherwise reasonably objectionable, or that infringes any party’s intellectual property rights or these Terms of Service.
You confirm that your Feedback does not infringe any rights of third parties, including copyright, trademarks, privacy rights and other personal or property rights. You further confirm that your Feedback does not contain unlawful content or malicious software that could in any way affect the operation of the Services or related website. It is prohibited to use false email addresses, impersonate another person or otherwise mislead us or third parties as to the origin of Feedback.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information relating to the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping charges, transit times or availability.
In the event of obvious technical errors, inaccuracies or mistakes relating to a product, price, availability or delivery costs, we may correct such information. If an error affected an order that has already been placed, we will contact the customer to confirm further processing of the order or inform the customer that the order has been cancelled and refund any payment received.
This does not limit the statutory rights of the consumer.
SECTION 13 — PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of international, national, local or other applicable laws, rules, regulations or ordinances; (c) in violation of our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or cause harm to any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including unsolicited correspondence, chain letters, spam or other similar unsolicited messages; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any other conduct that restricts or inhibits any person’s use of the Services or that may cause harm to the Atelier Silver Mouse store, Shopify or users of the Services.
You also agree: (a) not to upload or transmit viruses or other malicious code that has or may have a negative effect on the functioning or performance of the Services; (b) not to copy, duplicate, reproduce, sell, resell or exploit any part of the Services in a manner inconsistent with these Terms; (c) not to collect or track the personal data of others; (d) not to spam, phish, pharm, pretext, spider, crawl or scrape; (e) not to interfere with or circumvent the security features of the Services or any related websites, other websites or the Internet.
We reserve the right to suspend, disable or close your account if we determine that you have violated these Terms, subject to mandatory provisions of law.
SECTION 14 — TERMINATION
We may terminate this agreement or block your access to the Services or any part thereof in the event of a breach of these Terms, misuse of the Services, unlawful conduct or another justified reason, while you remain liable for all amounts due up to and including the date of such termination.
The following sections will survive such termination: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver of Rights, Entire Agreement, Assignment, Governing Law, Privacy Policy, as well as any other provisions which by their nature should survive termination.
SECTION 15 — DISCLAIMER
Information presented as part of or through the Services is provided for general informational purposes. We exercise due care to ensure that the information presented in the store is current and reliable, but unintended errors, technical interruptions or problems resulting from the actions of third parties may occur.
We are not responsible for technical interruptions, website errors or actions of third parties, unless such responsibility arises from mandatory provisions of law.
No provision of these Terms excludes or limits the Seller’s liability towards a Consumer to the extent that such exclusion or limitation is prohibited by mandatory provisions of law, in particular with regard to the conformity of goods with the contract, complaints, the right of withdrawal and liability for personal injury.
SECTION 16 — LIMITATION OF LIABILITY
To the extent permitted by applicable law, we are not liable for damage resulting from the use of the Services in a manner that is unlawful, inconsistent with these Terms, inconsistent with the intended purpose of the Services or inconsistent with instructions provided to the customer.
No provision of these Terms excludes or limits the Seller’s liability towards a Consumer to the extent that such exclusion or limitation is prohibited by mandatory provisions of law, in particular with regard to the conformity of goods with the contract, complaints, the right of withdrawal and liability for personal injury.
SECTION 17 — INDEMNIFICATION
If, as a result of the User’s culpable conduct, third parties make claims against us in connection with the User’s violation of the law or third-party rights when using the Services, for example in connection with the submission of unlawful content, the User undertakes to cooperate with us in clarifying the matter. This provision does not limit the rights of a Consumer arising from mandatory provisions of law.
SECTION 18 — SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, invalid or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.
SECTION 19 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or rules posted by us on this website or relating to the Services constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals between you and us, whether oral or written, including but not limited to any prior versions of these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be interpreted against the drafting party.
SECTION 20 — ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any rights or obligations under these Terms without prior written consent, and any such attempt shall be void.
We may transfer our rights and obligations under the contract to a third party, provided that this does not worsen the Consumer’s situation. We will inform the Consumer of such transfer in accordance with applicable law.
SECTION 21 — GOVERNING LAW
Contracts concluded through the Store are governed by Polish law. The choice of law does not deprive a Consumer of the protection afforded by provisions that cannot be excluded by agreement under the law of the country of the Consumer’s habitual residence.
SECTION 22 — HEADINGS
The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.
SECTION 23 — CHANGES TO THE TERMS OF SERVICE
You may review the current version of the Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes on our website. We will notify you of significant changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in such notice.
Continued use of the Services after the changes take effect constitutes acceptance of the changes, unless applicable law requires another form of acceptance.
SECTION 24 — OUT-OF-COURT COMPLAINT HANDLING AND REDRESS PROCEDURES (ADR)
A Consumer may use out-of-court complaint handling and redress procedures (ADR). Information on available procedures and entities authorized to conduct ADR proceedings may be obtained in particular from municipal or district consumer ombudsmen and on the websites of the relevant institutions responsible for consumer protection. The use of ADR is voluntary.
SECTION 25 — CONTACT DETAILS
Questions regarding these Terms of Service should be sent to us at: atelier@silvermouse.shop.
Our contact details are provided below:
Business Booster Sp. z o.o.
ul. Pod Olszyną 4
43-382 Bielsko-Biała
Poland
Email: atelier@silvermouse.shop
NIP/VAT: 9372758962
REGON: 527784048
KRS: 0001088180
Registry court: District Court in Bielsko-Biała, 8th Commercial Division of the National Court Register
Share capital: PLN 5,000.00