GENERAL TERMS AND CONDITIONS OF THE CINTHERE CLOTHING WEBSTORE
Defining the regulations of concluding sale contracts through the store, containing chief information about the Seller, the store and Consumer Rights.
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contacting the Seller
§ 3 Technical requirements
§ 4 Ordering from the Store
§ 5 Payments
§ 6 Fulfilling the order
§ 7 The right of withdrawal from the sales contract
§ 8 Exceptions to the right of withdrawal
§ 9 Merchandise related complaints
§ 10 Personal data policy
§ 11 Stipulations
Appendix no. 1: Sales contract withdrawal form
- 1 DEFINITIONS
WORKING DAY - one day from Monday to Friday excluding public holidays.
CONSUMER – consumer as defined by the Polish Civil Code.
CUSTOMER – any entity Purchasing items in the Store.
TERMS AND CONDITIONS – the hereby terms and conditions.
SELLER - KATARZYNA ALEKSANDRA BONIO, an entrepreneur operating under the business name Katarzyna Bonio CINTHERE CLOTHING, registered at the Central Registration and Information on Economic Activity, operated by the competent minister of economy and Central Registration and Information on Economic Activity, NIP [taxpayer identification number] 7922233101, REGON [company registration number] 367308430, with its registered seat at ul. Grochowska 14, 37-500 Jarosław and its second registered seat at Prochowa 27/11, 04-388 Warszawa.
- 2 CONTACTING THE SELLER
- Postal address: ul. Grochowska 14, 37-500 Jarosław; Prochowa 27/11, 04-388 Warszawa
- E-mail: firstname.lastname@example.org
- Phone number: +48732008510
- Address for returning the merchandise (in case of withdrawing from the sales contract): Prochowa 27/11, 04-388 Warszawa.
- Address for returning the merchandise in the case of a filed merchandise-related complaint: Prochowa 27/11, 04-388 Warszawa.
- 3 TECHNICAL REQUIREMENTS
- The necessary technical requirements needed to properly operate the Store are:
- An internet enabled device.
- Apart from the requirements listed in paragraph 1., an active e-mail account is needed to place an order in the Online Store.
- 4 ORDERING FROM THE ONLINE STORE
- The prices for the merchandise displayed on the Online Store website are full prices.
- The Seller would like to note, that the full price of the order, is the combined full price of the merchandise and the delivery costs, as indicated in the Online Store.
- The selected merchandise should be added to the online basket of the Online Store.
- Next, the Customer selects from the options available in the Online Store: the method of delivery of the merchandise, payment method and enters the details required to place the order.
- The order becomes placed after the Customer confirms it and accepts the Terms and Conditions.
- Placing an order is equal to entering a Sales Contract between the Customer and the Seller
- The Seller will provide the Consumer with a confirmation of entering the Sales Contract on a durable medium, when delivering the goods at the latest.
- The Customer may purchase items in the Online Store without registering, by providing personal details in case of every single order.
- 5 PAYMENTS
- The placed order can be paid for in accordance to the Customer’s choice:
- A regular bank transfer directly to the Seller’s account.
- With a payment card:
- Visa Electron
- MasterCard Electronic
Through a payments platform:
- Shoper Payment
When choosing payment through the Shoper Payment platform, the entity processing the payment is Blue Media S.A. When choosing payment in advance, the Customer is obliged to make the payment in 3 working days’ time, from placing the order. The Seller informs, that due to the specific nature of some of the payment forms, paying through them is only possible directly after placing the order.
Payment card transactions and e-payments are operated by Dotpay.pl.
- 6 FULFILLING THE ORDER
- Seller is obliged to provide the Customer with Merchandise without defects.
- The time of fulfilling the order is indicated in the Online Store.
- The Seller begins fulfilling the order after it is paid for.
- In case when the Customer has purchased merchandise with different fulfilment times as part of one order, the order will be fulfilled in the time period applicable to the merchandise with the longest fulfilment time.
- Delivery is available to:
- European Union
- Rest of the world
Merchandise purchased in the Online Store are delivered through Poczta Polska (Polish Post).
- 7 THE RIGHT OF WITHDRAWAL FROM THE SALES CONTRACT
- The consumer has the right to terminate the contract concluded with the Seller through the Online Store, with the exception of the provisions of § 8 of the Terms and Conditions, in the period of 14 calendar days without reason.
- The term for the Customer to withdraw from the sales contract ceases on the 14th day from the moment:
- The Consumer, or a third person designated by the Consumer, other than the carrier, received the merchandise.
- The Consumer, or a third person designated by the Consumer, other than the carrier, received the final item in the case of a transfer of ownership of multiple items agreement , which are delivered separately,
- In order to benefit from the right of withdrawal from the sales contract, the Consumer has to notify the Seller, using the details from § 2 of the Terms and Conditions, by informing him of the withdrawal through an unambiguous statement (for example in writing or via e-mail).
- The Consumer may use the withdrawal form available at the bottom of the Terms and Conditions, but it is not mandatory.
- In order to meet the withdrawal from contract time period, it is sufficient that Consumer provides the declaration of the Customer to terminate the Sale Contract, before the withdrawal time period expires.
EFFECTS OF WITHDRAWING FROM THE AGREEMENT
- In case of withdrawal from the sales contract, the Seller is obligedimmediately, but not later than within 14 calendar days of receipt of the declaration of the Customer to terminate the Sale Contract, to return to the Customer all payments made by the Customer, including the cost of delivery of the Merchandise (excluding additional costs resulting from the Customer's method of delivery other than plain cheapest shipping method available in the Online Store).
- Seller shall refund the payment using the same method of payment, which was used by the Customer, unless the Customer has expressly agreed to a different way of return, which is cost free for the Customer.
- Seller may withhold the payment refund until the moment when the Seller receives the Merchandise back or the Customer provides the evidence of dispatching the Merchandise to the Seller, depending on which event occurs first.
- The Seller asks that the product is returned to the following address: Prochowa 27/11, 04-388 Warsaw, immediately, but no later than within 14 calendar days from the date on which he terminated the Sales Contract. To meet the deadline, the Customer has to dispatch the Product prior to its expiration (14 days).
- The Customer bears the direct cost of returning the Merchandise.
- The Customer is responsible for Merchandise value decrease as a result of using it in a not proper way which goes beyond the necessity to check the nature, characteristics and functioning of the Merchandise.
- If the merchandise due to its nature cannot be returned via the cheapest shipping method available in the online store, the Customer bears the direct cost of returning the Merchandise. The estimated shipping cost will be given by the Seller in the product’s description in the Online Store, or during order placement.
- In case of a refund for a transaction made by the Customer with a payment card, the Seller will return the amount to the bank account associated with the Customer’s payment card.
- 8 EXCEPTIONS TO THE RIGHT TO WITHDRAWAL
- The right of termination of the remotely concluded Sale Contract is not granted to the Customer in respect of Sale Contracts when:
- The offered Merchandise is non-prefabricated product, manufactured according to the specifications of the Customer or used to satisfy their individual needs.
- where the Merchandise supplied is undergoing rapid decay or having a short shelf life
- where the Merchandise supplied is delivered in sealed packaging that after opening the package can not be returned due to health protection or hygiene reasons, if it were unsealed after delivery
- the object of which is to provide products that after delivery, due to their nature, are inextricably linked to other things
- the object of which is to provide audio or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery
- for delivering newspapers, periodicals or magazines, with the exception of subscription contracts
- in which the price or remuneration depends on fluctuations in the market, over which Seller has no control, which can occur before the deadline to terminate the Sale Contract
- for the supply of digital content which is not stored on a tangible medium if the performance has begun with the express consent of the Customer before the deadline to terminate the Sale Contract and after having informed by the Seller about the loss of the right of termination.
- The right of termination of the remotely concluded Sale Contract is not granted to any entity other than the Customer.
- 9 MERCHANDISE RELATED COMPLAINTS
- The legal basis for and the scope of the Seller’s liability to the Customer, for physical or legal defect (Polish: “rękojmia”) of the Merchandise with the Sale Contract, is defined in line with generally applicable laws, in particular the Polish Civil Code.
- By taking advantage of the warranty („rękojmia”) the Customer may, as applicable to the Polish Civil code:
- deliver a price reduction statement
- in case of a material defect – provide a declaration to terminate the Sales Contract
- demand to have the product replaced for another product without defect
- demand to have the defect removed
- The Seller asks the Customer to lodge a warranty-based complaint via post or email, provided in § 2 of the Terms and Conditions.
- A Customer who executes the powers under warranty (Polish: “rękojmia”), is obliged at the expense of the Seller, to deliver a defective Merchandise to the following address: Prochowa 27/11, 04-388 Warszawa.
- If additional warranty was provided for the product, the information regarding such warranty and its conditions, can be found in the products description in the Online Store.
- Complaints regarding the Online Store operations may be submitted via e-mail to the address given in § 2 of the Terms and Conditions.
- Seller shall respond to the complaint immediately and not later than within 14 Working Days from the date of its submission.
NON LITIGATION SOLUTIONS OF EXAMINATING THE COMPLAINTS AND PROCEEDING WITH THE CLAIMS AND ACCESS POLICY TO THESE PROCEDURES
- In case when the procedure of lodging a complaint does not yield an expected result, the Consumer who is a Customer has the following possibilities of using arbitral solutions of dealing with complaints and claims:
- Through a request of assistance to the Provincial Inspectorate of Trade Inspection, applicable to the Seller's registered office. As a principle, assistance is available free of charges. A list of inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
- the request of assistance from a permanent arbitral consumer court, operating by the Provincial Inspectorate of Trade Inspection, to use arbitral solutions of examination before the court. As a principle, assistance is available free of charges. A list of courts can be found here: : https://www.uokik.gov.pl/wazne_adresy.php#faq596
- A free of charge assistance of the municipal or county consumer right advisor
- Platform for online dispute resolution between consumers and businesses (ODR platform) is available at http://ec.europa.eu/consumers/odr/.
- 10 PERSONAL DATA POLICY
- The Seller performs the function of the data administrator of the Customers data, collected through the performance on the Online Store.
- 11 EXCEPTIONS
- It is forbidden for the Seller to provide illegal or unlawful content.
- Each order placed in the Online Store constitutes a separate Sales Contract, and requires accepting the Terms and Conditions. The Sales Contract is executed for the time of fulfilling the order.
- The Sales Contracts executed on the base of the hereby Terms and Conditions, are executed in the English language.
- All disputes arising between the Seller and the Customer who is not a Consumer, will be submitted to the court having jurisdiction over the company’s seat.
- The provisions of these Terms and Conditions are not intended to exclude or limit any customer rights assigned to them by mandatory provisions of law.
Appendix no. 1 to the Terms and Conditions
The hereby Sales Contract withdrawal from may be used by the Consumer, but is not obligatory:
SALES CONTRACT WITHDRAWAL FORM
(this form is to be filled out and sent only if you wish to withdraw from the sales contract )
Katarzyna Bonio CINTHERE CLOTHING
ul. Grochowska 14, 37-500 Jarosław e-mail address: email@example.com
- I ......................................................................... hereby inform about my withdrawal from the sales contract of the following products:
- Receipt date
- Consumer(s) name
- Consumer(s) address
(only for forms posted by mail)