# CUSTOM ORDER TERMS (MADE-TO-ORDER) Version 1.0. Concluded between **Studio 3$Y** (*Contractor*) and the **Client** (*Ordering Party*) by electronic acceptance in the order form; the agreement for the execution of a specific Custom is concluded when the individual quote is accepted (§ 9). --- ### § 1. SUBJECT OF THE AGREEMENT 1. The subject of the agreement is the Contractor's execution of an individual modification, personalisation or decoration of a product (*Custom*) according to the specification and design agreed with the Ordering Party (base model, size, colourway, pattern, materials used and decorative elements). 2. The Contractor fulfils orders on bases supplied by the Contractor or entrusted by the Ordering Party. 3. The detailed project description, the specification and the agreed amount are held in the project dossier in the 3$Y Terminal or in the e-mail arrangements constituting an annex to this agreement. --- ### § 2. COPYRIGHT AND INTELLECTUAL PROPERTY 1. **Copyright to the design:** all copyright, visual concepts, graphic designs, arrangement of elements and patterns created by the Contractor in the course of the order constitute the exclusive intellectual property of the Contractor (Studio 3$Y). 2. The transfer of ownership of the physical copy of the executed Custom to the Ordering Party **does not transfer the economic copyright** to the design. 3. **No copying:** the Ordering Party undertakes not to reproduce, copy, distribute or pass on the design to third parties for the purpose of its reproduction or commercial use without the Contractor's written consent. 4. The Contractor may publish photographs and video materials of the executed project in its promotional channels, portfolio and social media **only on the basis of separate, voluntary consent from the Ordering Party**. Consent may be withdrawn at any time; withdrawal does not affect the lawfulness of publications made before its withdrawal. Backstage and production-process footage is excluded from this consent and remains the non-exclusive property of the Contractor, unless an agreement between the parties provides otherwise (e.g. for B2B collaboration). 5. **The Ordering Party's materials:** the Ordering Party declares that they hold the rights to the materials (photographs, designs, graphics, patterns) provided to the Contractor and that their use in the performance of the order does not infringe the rights of third parties. --- ### § 3. RIGHT TO WITHDRAW FROM THE AGREEMENT (RETURNS) 1. **No right of return without giving a reason:** Pursuant to art. 38 point 3 of the Act of 30 May 2014 on Consumer Rights, the Ordering Party **has no right to withdraw from the distance agreement without giving a reason within 14 days**, because the subject of the performance is a non-prefabricated item produced according to the consumer's specification or serving to satisfy their individualised needs. 2. **Additional cases of cancellation or refund:** Irrespective of the Ordering Party's statutory rights (in particular those arising from the Consumer Rights Act), the Contractor undertakes to accept a withdrawal from the agreement or to make a refund in the following situations: - **Before work begins:** the Ordering Party may cancel the order and receive a refund of the amounts paid (reduced by the costs already incurred for buying the base or materials), provided the Contractor has not yet begun physical work on the project. - **Gross non-compliance with the design:** if the final product grossly and indisputably deviates from the written approved brief/design (e.g. the wrong footwear model, a wrong size ordered by the Contractor, a completely inconsistent colourway). - **Irreparable defect:** if the product has a physical defect arising in the personalisation process that the Contractor is unable to remove or repair. - **Cancellation after work begins:** once work on the project has begun, the Ordering Party may cancel the order only with the Contractor's consent; in that case the Contractor may retain the amount corresponding to the costs incurred and the stage of completion of the work. --- ### § 4. CLIENT-SUPPLIED BASE (HYGIENE AND DEFECTS) 1. Where the Ordering Party supplies their own base for the Custom (e.g. footwear, clothing, accessories): - **Cleanliness and hygiene:** the Contractor does not accept footwear or items that are worn, dirty, unpleasantly smelling or unhygienically neglected. The base supplied by the Ordering Party must be clean and in a condition that allows safe and hygienic work. - *Exception:* used clothing/accessories (e.g. jackets, trousers, bags) may be supplied provided their cleanliness is beyond reproach and does not adversely affect the personalisation process. - If a base that does not meet the hygiene requirements is sent, the Contractor has the right to refuse to carry out the order and return the item at the Ordering Party's expense. 2. **Factory defects or wear of the client's base:** the Contractor is not liable for factory defects, damage or signs of wear existing on the base supplied by the Ordering Party before work begins, nor for latent defects of that base revealed during or after the work which could not have been identified with due diligence. These **may not constitute grounds for a complaint or return**. 3. **Entrusted base and the measure of compensation:** the base supplied by the Ordering Party remains their property. The Contractor holds it with due care and documents its condition before work begins (photographs). If the base is damaged or lost through the Contractor's fault, the compensation is determined according to the market value of the base in the condition in which it was handed to the Contractor (art. 361 § 2 and art. 363 § 2 of the Civil Code). The purchase price of the item does not constitute a basis for determining compensation. --- ### § 5. SIZE AND FOOTWEAR BASE SELECTION 1. The Ordering Party is responsible for indicating the correct footwear size (standard EU / insole length in cm). 2. The Contractor is not liable for a poor size fit chosen by the Ordering Party if the product was made to exactly the size ordered. A size chosen incorrectly by the Ordering Party **does not constitute grounds for a complaint or return**. --- ### § 6. DECORATIVE ELEMENTS (PRECIOSA / SWAROVSKI CRYSTALS) AND THE RIGHT TO REPAIR 1. For projects using glued or applied decorative elements (e.g. Preciosa, Swarovski crystals or other appliqués): - If an element falls off or is damaged during use, the Ordering Party is obliged to send detailed photographs/video material or deliver the item for verification. - If verification shows that the damage arose through the Contractor's fault (e.g. an insufficient amount of adhesive or a mounting error), the Contractor carries out a free-of-charge repair or recreation of the decoration. Because every Custom is unique and one-of-a-kind, replacement with an identical piece is as a rule not possible. 2. Complaints concerning decorative elements do not cover mechanical damage caused by impacts, abrasion, misuse or cleaning contrary to the Contractor's recommendations. 3. The provisions of this paragraph do not limit the statutory rights of the Ordering Party who is a consumer — in particular, if a repair proves impossible or ineffective, or the non-conformity is significant, the Ordering Party may exercise the rights provided for in the Consumer Rights Act. --- ### § 7. COMPLAINTS AND CARE 1. A Custom is an artistic/unique product. The Ordering Party is obliged to follow the care recommendations provided by the Contractor with the order (the *Care Guide*, including: no machine washing, cleaning only with mild agents dedicated to the given materials). The guide appropriate for the technique and material used constitutes an annex to this agreement. 2. Complaints should be sent to the e-mail address: `reclamation@3sy.pl`. 3. The Contractor considers complaints within **14 days** of their receipt. --- ### § 8. DELIVERY AND CHECKING THE CONDITION OF THE PARCEL 1. Parcels are carefully packed and checked before dispatch. 2. The Ordering Party is asked to check the condition of the parcel when collecting it from the courier. If damage to the carton/packaging is found, it is recommended to draw up a damage report in the courier's presence and to inform the Contractor within **48 hours**. 3. The risk of accidental loss or damage to the parcel passes to the Ordering Party at the moment it is handed to the Ordering Party who is a consumer, and in the case of an Ordering Party who is not a consumer — at the moment the parcel is handed to the carrier. --- ### § 9. FINAL PROVISIONS 1. The terms of this agreement apply from the moment they are accepted by the Ordering Party in the order form (electronic acceptance). 2. The agreement for the execution of a specific Custom is concluded when the Ordering Party accepts the individual quote; payment of the deposit or the full amount confirms the conclusion of the agreement. 3. The Contractor is not liable for delay or non-performance resulting from force majeure (events beyond the Contractor's control, in particular natural disasters, failures, acts of authority). The Contractor notifies the Ordering Party of the occurrence of force majeure without delay; the parties will agree on a new completion date. 4. The provisions of this agreement do not limit the statutory rights of the Ordering Party who is a consumer, in particular those arising from the Consumer Rights Act and the Civil Code. In case of conflict, generally applicable law prevails. 5. For an order, the version of this agreement in force on the day it was placed applies. 6. This agreement is governed by Polish law. Matters not regulated by this agreement are governed by the provisions of the Civil Code, the Act on Copyright and Related Rights and the Act on Consumer Rights.