TERMS OF SERVICE

OVERVIEW

Welcome to Stolmach! The terms "we," "us," and "our" refer to Stolmach. Stolmach operates this store and website, including all related information, content, features, tools, products, and services, to offer you, the customer, a carefully curated shopping experience (the "Services"). Stolmach is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced in this document (collectively, the "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 cover areas such as disclaimer of warranties and limitation of liability.

By visiting, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least of legal age in your country or province of residence, and that you have given consent for any minor dependents in your household to use the Services on a device you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as an email address, billing details, payment information, and shipping information. You represent and warrant that all information you provide in our store is correct, current, and complete, and that you hold all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account and for any credentials related to account activity. You may not transfer, sell, assign, or license the use of your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display accurately the products and services we offer in our online stores. However, please note that colors and appearance may vary from what is shown on your screen, depending on the device you use to access the store and its settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or will be identical to what is shown or presented in our online stores.

All product descriptions may be changed at any time and at our sole discretion, without prior notice. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction, as applicable.

SECTION 3 – ORDERS

By placing an order, you are making an offer to purchase. Stolmach reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be accepted until Stolmach confirms its acceptance. We must receive and process your payment before accepting your order. Please check your order carefully before submitting it, as Stolmach may not be able to cancel it once accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of order.

Your purchases are subject to return or exchange solely in accordance with our returns policy.

You represent and warrant that the products you purchase are intended solely for personal or household use, and are not intended for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts, and promotions may change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation email. Unless expressly stated otherwise, prices shown do not include VAT, shipping costs, handling, customs duties, or import fees.

Prices shown in our online stores may differ from prices offered in physical stores or in online stores or other stores operated by third parties. From time to time we may offer promotions within the Services that may affect pricing and which are subject to terms and conditions separate from these Terms. In case of a conflict between promotional terms and these Terms, the promotional terms will govern.

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 and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transaction and contact you if necessary.

You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) the charges incurred by you will be honored by your credit card issuer; and (iv) you will pay the charges incurred at the stated prices, including shipping and handling fees and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. All delivery timeframes are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Title and risk of loss transfer to you upon transfer of the products to the carrier.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio materials, as well as their design, selection, and arrangement, are the property of Stolmach, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit use of the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material contained in the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms shall be construed as granting any license or other rights under any patent, trademark, copyright, or other intellectual property of Stolmach, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Stolmach.

Stolmach's names, logos, product and service names, designs, and slogans are trademarks of Stolmach or its affiliates or licensors. You may not use such marks without Stolmach's prior written permission. Shopify, the Shopify logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans within the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may access third-party client tools offered through the Services, which we do not monitor, and over which we have no control or influence.

You acknowledge and agree that we provide such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We have no liability arising from or related to your use of optional third-party tools.

Any use by you of optional tools offered through the site is at your own risk and discretion. It is your responsibility to ensure that you are familiar with and agree to the terms under which such tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services (including releasing new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may include materials and hyperlinks to websites provided or operated by third parties (including any functionality embedded by a third party). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any loss or damage related to your access to any external website, your purchase, or your use of any products, services, resources, or content on any external website. Please carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, concerns, or questions regarding third-party products and services should be directed to that third party.

SECTION 9 – SHOPIFY RELATIONSHIP

Stolmach is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchase transactions are made directly with Stolmach. By using the Services, you acknowledge and agree that Shopify has no responsibility for any aspect of the sale between you and Stolmach, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchase and transactions with Stolmach.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and some personal information may also be subject to Shopify's Privacy Policy, viewable here. By using the Services, you confirm that you have reviewed this privacy policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for your benefit. Information you submit to the Services will be transmitted and shared with Shopify and third parties, which may be located in a country other than your country of residence, in order to provide services to you. Please refer to our privacy policy for more detailed information on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, post, email, or otherwise provide any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that: (i) you own all rights necessary to any Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting Feedback; and (iii) your Feedback will comply with these Terms. We are not and will not be obligated to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you post and its accuracy. We assume no liability and accept no responsibility for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information within the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after an order has been submitted).

SECTION 13 – PROHIBITED USES

Accessing and using the Services is permitted only for lawful purposes. You may not access or use the Services, directly or indirectly, to: (a) engage in any unlawful purpose or act in bad faith; (b) violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) infringe or violate our intellectual property rights or the intellectual property rights of others; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) submit false or misleading information; (f) upload or transmit, knowingly receive, download, use, or reuse any material that does not comply with these Terms; (g) submit or arrange for the submission of any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) impersonate or attempt to impersonate another person or entity; or (i) engage in any other conduct that restricts or inhibits anyone's use of the Services, or that, in our judgment, may harm Stolmach, Shopify, or users of the Services or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in a way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or harvest other people's personal information; (d) engage in spamming, phishing, pharming, or impersonating the Services; (e) use any robots, spiders, scraping, data mining or extraction tools, automated devices or processes, artificial intelligence tools (such as agentic AI), or any automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section ("Agents") applies if you use, permit, enable, or engage an Agent to access, use, or interact with any Services. "Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of or at the direction of any person or entity, and which may be executed on behalf of or using that person's device, without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless, in each case, it identifies itself and acts in strict compliance with the requirements set out in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Services.

14.3 We may restrict, including through technical means, whether and how an Agent accesses, uses, and interacts with the Services.

14.4 Agents are required to: (i) for all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent's name by including the following string in the request: "Agent/[agent name]"; (ii) not conceal or obscure the fact that any access, use, or interaction originates from an Agent, for example by (a) mimicking human behaviors and interaction patterns or (b) completing or bypassing CAPTCHAs or measures intended to distinguish human from computer use; (iii) respond truthfully to any questions or prompts intended to determine whether interactions originate from a human or a computer; (iv) not circumvent or otherwise avoid any measures intended to block, restrict, modify, or control whether and how Agents access, use, or interact with any Shopify consumer Service.

SECTION 15 – TERMINATION

We have the right to terminate this agreement or prevent your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented in or through the Services is provided for general purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from your reliance, or that of any other person using the Services or who may obtain any of its content, on such materials.

EXCEPT AS EXPRESSLY STATED BY [SELLER], THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SELLER, OUR PARTNERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS OF SHOPIFY AND SHOPIFY'S AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Stolmach, Shopify, and our affiliates, partners, managers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or the documents incorporated by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim for damages, provided that failure to give prompt notice will not relieve you of your obligations unless you have suffered material harm as a result. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim requiring you to make non-monetary commitments without your consent (which shall not be unreasonably withheld). You will cooperate in defending against indemnified claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination not affecting the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 22 – GOVERNING LAW

These Terms of Service, and any separate agreements under which we provide the Services to you, shall be governed by and construed under the laws and jurisdiction of the federal, state, or territorial courts of the jurisdiction in which Stolmach is based. You and Stolmach consent to the personal and subject-matter jurisdiction of those courts.

SECTION 23 – HEADINGS

The headings used in this document are for convenience only and do not limit or otherwise affect the provisions of these Terms.

SECTION 24 – CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to periodically check our website for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to support@stolmach.pl.

Our contact details are below:

Stolmach PL s.c. Małgorzata i Piotr Łukasiuk support@stolmach.pl 82-100, Nowy Dwór Gdański, ul. Wiejska 13 +48 55 247 41 66 REGON: 220895363 NIP: 5792206960