Regulations of the online shop
Definition of the Sales person
- The owner of the shop is: Kristine-V based in ul. Bielawska 5/U6, 05-520 Konstancin-Jeziorna NIP: 5272921840 REGON: 385607650 Phone: +48 514455110 E-mail: email@example.com
- Online shop [hereinafter referred to as the Shop] undertakes retail sales via the Internet on the basic of the regulations [hereinafter referred to as the Regulations].
- Consumer [ hereinafter referred to as the Client] is a natural person undertaking a legal activity via the Shop not related directly to his business or professional activity (Article 22 of the Civil Code).
- Entrepreneur [hereinafter referred to as the Entrepreneur] is a person/entity/organization, performing a legal activity with the Shop connected with his business or/and professional activity.
- The Regulations are the integral part of the sales agreement concluded with the Client/Entrepreneur.
- Prices at the Shop are gross prices (including VAT).
- Goods available at the Shop are new and free of physical and legal defects. The exception are the goods shown at the Shop with clearly marked defect in the description. These goods can be purchased at a lower price.
- Orders can be placed in the following manner:
- via form available on the website of the Shop (Client’s cart),
- via e-mailem to the address available on the website of the Shop,
- via phone using a number available on the website of the Shop.
- The condition for undertaking an order is provision by a Client/Entrepreneur the data allowing for the verification of the Client/Entrepreneur and the recipient of the goods. The shop confirms the acceptance of the order by sending a message to the e-mail address given during placing an order, describing the subject of the order. The Shop has a right to refuse the acceptance of an order, limit the manner of payment or request prepayment, in case, when the order rises any justified suspicion as to the authenticity and truthfulness of the given data, or to the manner of payment.
- For the parties, binding are the information visible on the website of the Shop located next to the purchased good, at the moment of placing an order. It especially concerns the price, specification of goods, its features, elements being a part of the set, deadlines for delivery and the manner of delivery.
- The information on the website of the Shop do not constitute an offer within the meaning of the Civil Code. The Client/Entrepreneur while placing an order, submits an offer for the purchase of the certain goods.
- By placing an order, the Client/Entrepreneur submits an offer for the conclusion of the sales agreement for the ordered products.
- After placing an order the message is sent to the indicated e-mail address informing about the following steps of fulfilling the order:
- after verification of the placed order, the Shop sends to the e-mail provided by the Client/Entrepreneur, the information on the acceptance of the order for fulfillment. The information on the acceptance of the order for fulfillment is a declaration of a salesperson on the acceptance of the offer, mentioned in §3 section 5 above and at the moment of its reception by the Client/Entrepreneur, the Sales Agreement is concluded.
- After concluding the Sales Agreement, the Shop confirms to the Client/Entrepreneur its conditions, by sending them to the Client’s/Entrepreneur’s e-mail or in writing to the postal address indicated by the Client/Entrepreneur.
- When the wire transfer is selected as the manner of payment, the date of fulfilling the order will be counted from the moment when the money for the Client’s/Entrepreneur’s order will be credited on the account of the Shop.
- The Shop is liable to the Client/Entrepreneur under the warranty law, regulated by the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) for a period of 24 months (in the case of new goods), or by 12 month period (for all used goods). A detailed description of the complaint procedure can be found in §6 to these regulations.
- Client/Entrepreneur possesses the following manners of payments:
wire transfer (pre-payment),
- The prices of shipments are defined in the summary of the order.
- The condition for releasing the goods is making a payment for the goods and delivery.
- When the wire transfer is selected as the manner of payment, the amount due should be paid within 7 business days since the confirmation of the order by the Shop. Otherwise, the Shop will cancel the order.
Shipment of goods
- The ordered goods are shipped by the Shop via Polish Postal Service or the Shop allows for the collection of the goods at the headquarters of the Shop.
- When the goods are not in accordance with the agreement, Client/Entrepreneur should send to the Shop claimed goods with the description of the non-conformity. The cost of delivery is covered by the Client/Entrepreneur. The address where the goods should be sent is: Kristine-V, ul. Bielawska 5/U6, 05-520 Konstancin-Jeziorna
- The shop responds to Client’s/ Entrepreneur’s complaints within 14 days of returning the goods together with a description of non-conformity.
- When the implementation of a justified complaint involves sending a new product to the Client/Entrepreneur or removing non-conformity, the delivery costs shall be borne by the Shop.
- If the complaint is accepted, the Shop returns the costs of shipping the goods to the Client/Entrepreneur.
- We only stock black leather accessories, all accessories in other colors are made individually to order, therefore they are not refundable.
- Each client can use out-of-court complaint and redress methods. In respect of the above, the Client can use mediation. The lists of permanent mediators and mediating facilities are shared and transferred by the Presidents of the competent District Courts. More information regarding the consumer dispute settlement can be found on the following website: http://www.uokik.gov.pl/spory_konsumenckie.php
- The model of the complaint form is attached as Annex 2 to the Regulations.
- The Store is liable to the Client/Entrepreneur under the warranty law, regulated by the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) for a period of 24 months (in the case of new goods), or by 12 month period (for all used goods).
- Client/Entrepreneur can demand from the Shop, at the moment of occurring of the defect (as a part of the warranty law):
- replacement of the products for a new one;
- repair of the product;
- lowering the price;
- withdrawal from the agreement – if the defect is serious.
The shop will respond to the Client’s/Entrepreneur’s demands within 14 days since the moment of receiving the demands. The shop will consider the Client’s/Entrepreneur’s demands, taking into account the following circumstances:
- easiness and speed of replacing or repairing the goods;
- the nature of the defect – significant or irrelevant;
- if the goods had been claimed before.
- The shop can deny the Client’s/Entrepreneur’s demands regarding replacement or repair of the goods if the replacement or repair of the goods is impossible to complete (e.g. due to cessation of production of the specific spare parts or the whole product), or in comparison to the second of possible demands, it would require excessive costs (e.g. a request to replace the entire device with a new one if the damage occurred to one low-value item). The shop will suggest in such a case an alternative solution.
- Any disputes arising under the Regulations or the sales agreements can be settled via mediation (more information can be found here: https://uokik.gov.pl/wazne_adresy.php#faq595) or via the Internet platform http://ec.europa.eu/consumers/odr/
The right to withdraw from the agreement
- Pursuant to the Act on Consumer Rights of 30 May 2014, the Customer has the right to withdraw from the agreement without giving a reason.
- Withdrawal from the agreement is effective if the Client submits within 14 days from the delivery of the goods the declaration on the withdrawal from the agreement. To meet the deadline, it is enough to make a statement before its expiry. A form of submission of the declaration may be any, for instance.
- the statement via a form, which pattern is in the appendix to the resolution on the consumer rights of 30.05.2014 (constituting Annex 1 to the regulations),
- via e-mail: firstname.lastname@example.org
- in person at the headquarters of the shop.
- In order to exercise the right of withdrawal, it is necessary for the Goods to have an intact, undamaged security tag fitted by the Store, all tags, and the Goods not used
- The Client returns the goods to the Shop, on his expense, within 14 days from the moment of submitting the statement on withdrawal from the agreement.
- Within 3 business days from receiving the parcel, a Shops employee will check the condition of the delivered product.
- The shop returns the funds within 14 days from the moment of receiving the statement. The shop may withhold the reimbursement of payments received from the Client until it receives the goods back or until the client will provide the evidence for shipping the goods, depending on which event has occurred first.
- The shop returns the funds using the same manner of payment which was used by the Client. In the event of paying by a credit card, the return of funds is made to the card’s account.
- In the event when the Client has selected other than the cheapest manner of delivery offered by the Shop, the Shop will not return to the Client the additional expenses incurred by him. The shop will only return the cost of the cheapest delivery of a given item to the Client.
- The Client covers the direct cost of the return of the goods (e.g. the cost of packaging, protections, postage costs).
- The Client is not entitled to withdraw in cases of the following agreements:
- in which the subject of the order is a non-prefabricated item, produced according to the Client’s specification or serving to meet his individual needs;
- if the performance of the service began with the express consent of the client before the deadline to withdraw from the agreement and after informing him by the shop about the loss of the right to withdraw from the agreement;
- In which the subject of the service are sound recordings or visual recordings or computer programs delivered in sealed packaging if the packaging was opened after the delivery;
- in which the subject of the service is an item delivered in a sealed packaging, which cannot be returned after its opening due to health protection or due to hygienic matters if the packaging has been opened after delivery;
- on the provision of services if the Shop entirely completed a service with the express consent of the Client, who was informed before the provision of the services that after the service will be completed he will lose the right to withdraw from the agreement;
- in which the price or remuneration depends on fluctuations in the financial market over which the Shop has no control and which may occur before the deadline to withdraw from the contract;
- in which the subject of the service is an item subject to rapid deterioration or having a short shelf-life;
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
- in which the subject of the service are alcoholic beverages, which price was agreed while concluding the sales agreement, and which delivery can be done no sooner than after 30 days and which value depends on the market fluctuations, over which the entrepreneur doesn’t have control;
- in which the Client clearly demanded that the Shop sends a representative to him, in order to undertake urgent repair or maintenance (if the Shop provides additionally other services than those required by the Client or delivers items other than spare parts necessary to undertake a repair or maintenance, the Client is entitled to the right to withdraw from the agreement in respect to additional services and items);
- delivering newsletters, periodicals or magazines, with the exception of subscription agreements;
- concluded through a public auction;
- provision of accommodation services other than dedicated for housing purposes, transport of goods, car lease, gastronomy, services related to leisure, entertainment events, sports or cultural events, if the day or period for the provision of services was specified in the agreement.
- The Entrepreneur is not entitled to withdraw from the agreement without giving a reason.
- The Client is responsible for lowering the value of items what is the result for using it in a way exceeding the necessary use to determine the character, features, and functioning of the item.
- Swimsuits are made to order and are non-returnable, only after a tailor’s correction.
Client’s/ Entrepreneur’s account
- The Client/ Entrepreneur can set up an Account as a part of the Internet website of the Shop, allowing for personalized shopping, insight into the history of purchases, insight into the status of orders, modification of the shipping data, access to discounts, simplified ordering process.
- The shop doesn’t charge any fees for Client’s/Entrepreneur’s account management.
- The Client/ Entrepreneur may set up an Account by completing the appropriate interactive forms included on the website of the shop.
- After filling the appropriate interactive forms on the website of the Shop, a message is sent to the e-mail address given during registration with the information on the following steps of undertaking Account creation service:
- after data verification, the Shop sends to the e-mail address provided by the Client/Entrepreneur, the information on the creation of the Client’s/Entrepreneur’s account. The information on the creation of the account is the Sellers’ declaration on the beginning of providing the Account management service.
- Each Client/Entrepreneur may at any time delete the account which automatically withdraws the Account management agreement. The Account can be delated by:
- sending an email to: email@example.comThe email should include data allowing the Account owner to be identified, and information about the desire to terminate the agreement,
- via phone: 514455110
- via letter:
Kristine-V, ul. Bielawska 5/U6, 05-520 Konstancin-Jeziorna
- The Client/ Entrepreneur should keep the account password secret.
- The Shop may refuse registration if the data provided during registration raises reasonable doubts as to the truthfulness and reliability.
- Based on the Act on the consumer rights of 30 May 2014. The Client has a right to withdraw from the agreement without providing any reason. The right to withdraw from the agreement is effective if the Client sends a declaration of withdrawal from the agreement within 14 days from the date of creating the Client’s Account. To meet the deadline, it is enough to submit a declaration before its expiry. The form of submitting the declaration may be any, e.g.
- the declaration can be submitted as a form, which pattern is in the appendix to the resolution on the Consumer rights of 30.05.2014 (being an appendix No 1 to the regulations),
- via e-mail: firstname.lastname@example.org
- via phone: 514455110
The right to withdraw from the agreement is not entitled when the Shop has fully completed the service with clear consent of the Client (in particular: when the Client places an order).
- The agreement regarding the provision of the Account Management service has a perpetual nature, subject to the provisions of the next sentence. The Client/Entrepreneur may at any moment of the provision of the service terminate the agreement through a contact:
- by sending an email to: email@example.com The email should include data allowing the Account owner to be identified, and information about the desire to terminate the agreement,
- via phone: 514455110
- via letter:
Kristine-V, ul. Bielawska 5/U6, 05-520 Konstancin-Jeziorna
- The agreement regarding the provision of the Account management service is terminated with immediate effect upon confirmation of the data by the Shop.
- In justified cases (e.g. gross violation of the provisions of the Regulations by the Client/Entrepreneur) the Shop may terminate the agreement with a seven-day notice.
The Client/ Entrepreneur may express additional consent for sending to the indicated e-mail electronic advertising, trade, marketing content, and also additional information related with business activity of the Shop.
- Providing an email for ordering newsletter service means approval for sending to the indicated e-mail advertising, trade, marketing content and also additional information related to the business activity of the Shop.
- The Client/Entrepreneur after providing an e-mail receives the confirmation of providing the service to the indicated e-mail via electronic means.
- The receipt of the message by the Client/Entrepreneur confirming the start of the provision of the electronic services means the moment of conclusion of the agreement.
- The provision of the services is out of charge.
- Access to the services provided via electronic means does not require from the Client/Entrepreneur providing any additional data besides an e-mail and a name.
- The agreement regarding the provision of the newsletter service is of a perpetual nature subject to the next sentence.
- The Client/Entrepreneur may at any time of the provision of the service terminate the agreement by resigning from the services provided via electronic means:
- via e-mail: firstname.lastname@example.org The email should contain data enabling the identification of the Client/Entrepreneur and information about the desire to terminate the contract,
- via phone: 514455110
- via letter:
Kristine-V ul. Bielawska 5/U6, 05-520 Konstancin-JeziornaThe agreement regarding the provision of the newsletter service is terminated with immediate effect when the data is confirmed by the Shop.
- All complaints regarding the use of the Services provided by the Service Provider should be sent to the following address Kristine-V, ul. Bielawska 5/U6, 05-520 Konstancin-Jeziorna or to an e-mail: email@example.com
- The complaint should indicate the Client’s/Entrepreneur’s designation, in particular, the indication of his e-mail. Moreover, it is necessary to indicate and justify the allegations being the basics of the complaint and indication of the scope of the demand. The detailed description of the complaint procedures is in §6 of these Regulations.
- Based on the Consumer Rights Act of 30.05.2014. The Client has a right to withdraw from the agreement without giving the reason. The right to terminate the agreement is effective if the Client sends within 14 days since the day of beginning the providing the newsletter services the declaration on the withdrawal from the agreement. To meet the deadline it is necessary to submit the declaration before its expiry. The form of submission of the declaration may be any, e.g.
- the statement may be submitted on the form, an example of which is attached to the Act on consumer rights of 30 May 2014 (constituting Annex 1 to the regulations),
- via an e-mail:firstname.lastname@example.org,
- via phone: 514455110
The right to withdraw from the agreement is not entitled if the Shop has fully performed the service with the express consent of the Client.
- In the justified cases (e.g. gross violation of the provisions of the Regulations by the Client/Entrepreneur) Shop can terminate the agreement with a one month notice.
It is forbidden to use any materials published on the website of the Shop (including pictures and goods description) without written permission of the Shop §11
- By placing an order the Client /Entrepreneur agrees for the processing of his personal data only for the purpose of proceeding with his order and/or execution of the Account Management agreement.
- The processing of personal data takes place in accordance with the Act of August 29, 1997, on the protection of personal data (Journal of Laws of 2002 No. 101, item 926, as amended).
- The Client has the right to access their personal data and correct them, request to cease processing them and object to their processing.
Entering into the force and modification of the Regulations
- The Regulations enter into the force on the day of publication on the website of the Shop.
- The Regulations may be changed.
- The modifications to the Regulations will be published in the Shop.
- Information on the modifications of the Regulation will be sent to the Client/Entrepreneur who has an account on the website of the Shop on his e-mail indicated while setting the account.
- Modifications to the Regulations enter into force after 14 days from the date of their publication in the manner specified in paragraph 3.
- The Shop acknowledges that the Client/Entrepreneur having an account on the website of the Shop accepts the modifications to the regulations if he doesn’t terminate the agreement before the end of the period indicated in section 5.
- In matters not covered by the provisions of the Regulations, Polish law shall apply.