§ 1 Preliminary provisions
The PHU SILWEAR KATARZYNA MASTALERZ-DOLECKA online store, available at www.silwear.pl, is run by Katarzyna Mastalerz, running a business under the name Przedsiębiorstwo Handlowo-Usługowe "SILWEAR" Katarzyna Mastalerz-Dolecka with its registered office in Poznań (60-114) at street Obrzańska 14, NIP 7792510423, REGON 384688450.
These Regulations are addressed to both Consumers and other buyers (regardless of the legal form), including Entrepreneurs using the Store, and specify the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
§ 2 Definitions
1. Consumer - a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his business or professional activity. 2. Seller - Katarzyna Mastalerz-Dolecka, running a business under the name Przedsiębiorstwo Handlowo-Usługowe "SILWEAR" Katarzyna Mastalerz-Dolecka with its registered office in Poznań (60-114) at ul. Obrzańska 14, NIP 7792510423, REGON 384688450. 3. Customer - any entity making purchases via the Store. 4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by a separate act, conducting business activities on its own behalf, and using the Store. 5. Store - online store run by the Seller at the Internet address www.silwear.pl 6. Distance contract - a contract concluded with the Customer as part of an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive using one or more means of distance communication up to and including the conclusion of the contract. 7. Regulations - these regulations of the Store. 8. Order - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Sales Agreement for the Product or Products with the Seller. 9. Account - the customer's account in the Store, which collects data provided by the Customer and information about Orders placed by him in the Store. 10. Registration form - a form available in the Store, enabling the creation of an Account.
11. Order form - an interactive form available in the Store enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment. 12. Cart - an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products. 13. Product - an item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller. 14. Sales Agreement - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
§ 3 Contact with the Store
Seller's address: Przedsiębiorstwo Handlowo-Usługowe "SILWEAR" Katarzyna Mastalerz-Dolecka with its registered office in Poznań (60-114) at ul. Obrzańska 14 1. Seller's e-mail address: silwearclothing@gmail.com 2. Seller's telephone number: +48 534 125 401 3. Seller's bank account number 71 1140 2004 0000 3602 7933 4153 4. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph. 5. The Customer can communicate with the Seller by phone between 8.00 a.m. and 4.00 p.m.
§ 4 Scope of rules and conditions of use of the Online Store
1. The condition for using the services of the Online Store is to read and accept these Regulations. By placing an order, the Customer accepts the content of the Regulations.
2. The information provided in the Registration Form and in the Order Form should be true and up-to-date. If false or outdated information is provided, which applies in particular to the Customer's personal data, the Seller is not obliged to complete the Order. The Customer is prohibited from transmitting or making available any content that is illegal or violates the rights of third parties.
3. The Seller takes the necessary technical and organizational measures to prevent unauthorized persons from obtaining and modifying the data provided by the Customer during registration and when placing orders.
4. The customer is obliged in particular to:
a) use the services offered by the Seller in a way that does not cause disruptions in the operation of the Online Store, in particular through the use of specific software or devices;
b) not taking actions aimed at gaining possession of classified information in the possession of the Seller;
c) use the services offered by the Seller in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with customs adopted in a given scope;
d) use the services offered by the Seller in a manner that is not burdensome for other Customers and the Seller, respecting their personal rights (including the right to privacy) and other rights they are entitled to,
e) use all content posted in the Online Store only for your own personal use.
5. The Seller may deprive the Customer of the right to use the Online Store in the event of providing false data in the Registration Form or Order Form or in the event of a breach of the obligations referred to in section 4 above. A customer who has been deprived of the right to use the services of the Online Store may not re-register without the prior consent of the Seller.
6. Successful ordering is only possible if the Product selected by the Customer is available in the Seller's warehouse. Information about availability is available on the website subpage relating to a specific Product. If the ordered Product is unavailable, the Customer is immediately informed about this fact and has the option - at his/her choice - to change the order in whole or in part or to cancel the order. In the event of cancellation of the order, the payment made by the Customer for the ordered Product that cannot be delivered will be refunded by the Seller immediately, no later than within 14 days from the date of notification by the Customer about the cancellation of the order.
§ 5 Technical requirements
1. To use the services available in the Online Store, it is necessary to have a system allowing the use of Internet resources, an e-mail box and an Internet browser enabling the display of websites.
2. It is recommended to use one of the following browsers with the "cookies" option enabled:
a) Internet Explorer 5.0 or higher version; b) Netscape 7.0 or higher version; c) Mozilla 1.3 or higher version, d) Google Chrome, e) Safari, f) Opera.
§ 6 General information
1. To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the operation of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
2. The prices given in the Store are given in Polish zloty and are gross prices (including VAT).
3. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery, about which the Customer is informed on the Store's website when placing the Order, including when expressing the will to be bound by the Sales Agreement.
4. The Seller reserves the right to change the prices of Products, conduct and cancel promotional campaigns and sales or make changes to them. The above right does not affect the prices of Products in orders placed before the date of entry into force of the price change, terms of promotional campaigns or sales.
5. Promotions in the Online Store cannot be combined, unless the promotion regulations provide otherwise.
§ 7 Creating an Account in the Store
1. To create an Account in the Store, complete the Registration Form. It is necessary to provide the following data: Name, surname, address, e-mail address, contact telephone number.
2. Creating an Account in the Store is free.
3. Logging in to the Account is done by entering the login and password established in the Registration Form.
4. The Customer may delete the Account at any time, without giving a reason and without incurring any fees, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.
§ 8 Rules for placing an Order
To place an Order you must:
1. log in to the Store (optional) or use the option to place an Order without registration;
2. select the Product that is the subject of the Order and then click the "Add to cart" button;
3. if you have chosen to place an Order without registration - complete the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivering the Product), enter the invoice/receipt details if different from the recipient's details Orders,
4. click the "Order" button and the "Order and pay" button,
5. select one of the available payment methods and, depending on the payment method, pay for the order within a specified period.
§ 9 Delivery and payment methods offered
1. The Customer may use the following methods of delivery or collection of the ordered Product:
a. DPD courier delivery
2. The customer can use the following payment methods:
a. By transfer to a bank account
b. Electronic payments and payment card payments via authorized services, in accordance with the information provided in the Online Store;
c. Gift card By clicking the "Order" button, the Customer confirms that the card belongs to him or that he is the rightful holder of the gift card.
§ 10 Performance of the sales contract
1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order in the Online Store.
2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3. If the Customer chooses:
a. electronic payments or payments by payment card, the Customer is obliged to make the payment before starting the order, otherwise the order will be canceled.
b. payment by transfer, the payment should be made to the following bank account: mBank 71 1140 2004 0000 3602 7933 4153 Please enter the order number in the transfer title.
4. If the Cash on delivery payment option is selected, the Customer is obliged to make the payment upon receipt of the shipment.
5. If you order Products with different delivery dates, the delivery date is the longest given date.
6. The Customer may request delivery of the Products in parts or delivery of all Products after completing the entire order.
7. The beginning of the delivery period of the Product to the Customer is counted as follows:
a. If the Customer chooses the payment method by transfer - from the date of crediting the Seller's bank account,
b. electronic payment or payment card - from the date of payment via authorized services, in accordance with the information provided in the Online Store;
c. If the Customer chooses the cash on delivery method of payment - from the date of conclusion of the Sales Agreement.
8. Delivery of the Product takes place only within Poland.
9. The approximate order completion time is from 1 to 4 business days and depends, among others, on:
a. the payment method chosen by the Customer - if the "prepayment" option is selected, the execution of the order begins after the payment for the Product and delivery costs is credited to the Seller's bank account; b. availability of the Goods.
10. Delivery of the Product to the Customer is free of charge for orders over PLN 500 gross. Delivery costs for transport are indicated to the Customer on the Online Store's website in the "Delivery costs" tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
§ 11 Right to withdraw from the contract
1. The Consumer may withdraw from the Sales Agreement without giving any reason within 14 days.
2. The period specified in section 1 begins with the delivery of the Product to the Consumer or a person other than the carrier indicated by him.
3. In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the deadline specified in section 1 runs from the delivery of the last item, batch or part.
4. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the deadline.
5. The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller's address - the Seller's contact details are specified in § 3.
6 . The right to withdraw from a distance contract is not available to the Consumer in relation to the Contract:
a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to meet his individual needs,
b. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.
§ 12 Complaint and warranty
1. All SILWEAR products are subject to a 2-year warranty from the date of purchase of the Product.
2. In the event of a defect in the purchased product, the buyer has the right to submit a complaint by: sending the purchased item to the following address: SILWEAR, ul. Obrzańśka 14, 60-114 Poznań.
3. If the buyer exercises the right to file a complaint, he or she may complete the complaint form and return it together with the complained Product and proof of purchase (receipt or invoice to the following address: SILWEAR, ul. Obrzańska 14, 60-114 Poznań. In the complaint form, the Customer indicates, among others, including your expectations as to how the Seller's obligations will be fulfilled.
4. The time for considering a complaint, along with notifying the customer, is 14 days from the date of submission of the complaint. In the case of repair, the time may be extended depending on the type of non-compliance reported.
5. If the complaint is considered in favor of the Customer, the costs of replacing or repairing the Product are borne by the Seller.
6. If the complaint is accepted (complaint in favor of the customer), we will refund the payment to the bank account indicated on the return form.
7. If a complaint is dealt with contrary to the customer's will, the buyer has the right to appeal against the complaint. The Seller responds to the complainant about the method of processing his claims in the form of e-mail correspondence or the Customer is informed by phone to the number provided in the complaint.
§ 13 Extrajudicial methods of dealing with complaints and pursuing claims
1. Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_zdrowie.php http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims:
a. The consumer is entitled to apply to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
b. The consumer is entitled to contact the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
c. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). .
§ 14 Personal data in the Online Store
1. The administrator of Customers' personal data collected via the Online Store is the Seller.
2. Customers' personal data collected by the administrator via the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer consents - also for marketing purposes.
3. The recipients of personal data of Online Store Customers may be:
i. In the case of a Customer who uses the courier delivery method in the Online Store, the Administrator makes the Customer's collected personal data available to the selected carrier or intermediary carrying out the shipment at the request of the Administrator,
ii. In the case of a Customer who uses electronic or payment card payment in the Online Store, the Administrator provides the Customer's collected personal data to the selected entity handling the above payments in the Online Store.
4. The customer has the right to access and correct his data.
5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.
6. Pursuant to Art. 13 of the general regulation on the protection of personal data of April 27, 2016. the administrator informs that:
A. Your personal data will be processed for the purposes of:
iii. conclusion and performance of a purchase/sale agreement for Goods and services offered by the administrator,
iv. fulfillment of the administrator's legal obligations (in particular: issuing and storing invoices/sales documents and other accounting documents, considering complaints),
v. determining, defending and pursuing claims,
vi. direct marketing,
vii. creating reports of analyzes and statistics (for the administrator's internal needs),
viii. payment credibility verification,
ix. service support,
x. broadly understood commercial cooperation, pursuant to Art. 6 section 1 letter a, b, f or art. 9 section 1 and section 2 letter a, f - general regulation on the protection of personal data of April 27, 2016.
B. the recipients of your personal data may be/will be:
i. courier/transport companies, companies providing IT support for the administrator,
ii. Your personal data will be stored for an adequate period and no longer than the periods consistent with the currently applicable legal provisions in individual areas of personal data processing,
iii. you have the right to: request access to personal data from the administrator; rectification, deletion or restriction of processing of personal data; object to processing; data transfer; withdraw consent at any time,
iv. you have the right to lodge a complaint with the supervisory authority,
v. providing personal data is a statutory condition for concluding a contract and is voluntary, however, failure to provide data to the extent required by the administrator may result in failure to perform the contract. In other cases, it is based on the voluntary consent of the person providing their personal data or legal provisions (in particular the General Data Protection Regulation of April 27, 2016 - GDPR), however, failure to provide data to the extent required by the administrator may result in the inability to perform the contract.
vi. Your data will not be subject to automated decision-making (profiling).
C. Detailed information regarding the processing of Customers' personal data by the Seller can be found in the Personal data/privacy and cookies policy tab on the Store's website.
§ 15 Final provisions
1. Contracts concluded via the Online Store are concluded in Polish.
2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
3. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.