WEBSITE TERMS AND CONDITIONS
§I. GENERAL INFORMATION
- The site www.sklep.revedechantelle.pl is owned by F.H. Alternatywa Marcin Malicki, registered as „F.H. Alternatywa Marcin Malicki” in Poland, Tarnów ul. Kochanowskiego 43, enlisted in Centralna Ewidencja i Informacja o Działalności Gospodarczej under number 28437/2007, NIP: 8733102580, REGON 120538005, further referred to as Vendor.
- Terms used are as follows:
- "Checkbox" - rectangular key which can be ticked or unticked.
- "Working day" - Monday to Friday from 8:00 to 17:00 excluding bank holidays in accordance with the statute from 18 January, 1951 concerning bank holidays (Dz. U. 1951 nr 4 poz. 28).
- "Delivery service" shopping company.
- "Customer" - a natural or legal person, a business unit purchasing a product from the Vendor.
- "Consumer" – a natural person completing legal transaction not connected with their economic activity.
- "Signing in" - authenticating and authorising the customer in order to access the account using login and password.
- "Postal operator" - post deliverer according to statute from 23 November 2012. (Dz. U. 2012, poz. 1529)
- "Operator" - a natural/legal person or business unit completing legal transaction directly connected with their economic activity.
- "Registration" - process of forming the online account.
- "Product complaint”- Consumer’s claim about product malfunction, withdrawal from the contract, demanding the reparation, exchange or lowering of the price of the product.
- "Service complaint” - all claims of the Service Receiver under the applicable provisions of law in connection with the improper performance of the service by the Vendor.
- "Product" - a movable thing that a customer can purchase through the shop.
- "Traditional written statement” - a document on a paper carrier containing the hand-written signature of the author of the document.
- "Electronic services” - service provided via e-mail as defined in the act from 18 July 2002 about the service delivery with electronic means.
- "Client” - entity using electronic services provided via the shop.
- "Act on laws of the consumer” - the act from 30 May 2014 about laws of the consumer (Dz.U. z 2014 r. poz. 827).
- "User”- the entity using the shop, in particular the Customer or the Client.
- "Stationary institution” - the stall or the shop of the Vendor, of which the addresses are given on the website.
- "Login” - User’s login name stated during registration process. The login name has unique and identifying features.
- "Hasło” – user’s set of characters typed during the registration process. The password has unique character.
- "Password” - jest to indywidualna przestrzeń użytkownika sklepu, utworzona w procesie rejestracji. Konto służy do gromadzenia informacji o historii transakcji zakupu towarów w sklepie oraz gromadzenia indywidualnych informacji użytkownika dotyczących zakupów w sklepie min. zawierających adres dostawy zakupionego towaru.
- "Account" – user’s individual space created during registration process. The account is used for gathering information concerning purchases including personal data such as shipment and address.
- "Producer” - manufacturer which produces goods sold in the shop.
§II. REGISTRATION AND ORDERS.
- Goods can be ordered 24/7. Orders can be placed both with or without registration.
- With the use of an online form the user can register and create an account. Holding the account enables the user to manage addresses as well as electronic data. The procedure of opening an account is described in detail in §IX of this regulations.
- To place the order you must fill in the online form where you can choose the payment method and shipment options. Then, you have to tick the checkbox accepting the regulation and confirm the order by clicking “Confirm” . Once you click “Confirm” button, the contract between the Vendor and the Customer is signed
- After placing an order the Customer will receive an e-mail confirming the contract. The e-mail will be sent to the address given in the registration form.
- Product price quoted next to goods is binding at the moment of signing the contract by the User.
- All prices quoted on the website are gross prices (include the value added tax). A receipt or a VAT invoice is attached to every purchase – it is delivered in the traditional written form along with goods.
We accept payment by:
- Cash in the shop or COD (cash on demand) paid directly to the Courier.
- Prepaid Money transfer to our account No 71 2490 0005 0000 4530 2408 8754 at Alior Bank S.A.
- Payment includes the price of the product and shipment costs. Shipment costs are described in §IV of this Regulation and are visible while filling in the online order
- Pro-form invoice can be issued on demand.
- Shipment costs are covered by the Customer. The Customer receives the receipt or the invoice along with the product.
§IV. DELIVERY, DELIVERY TIME.
- Goods are delivered via Delivery Service or Postal Operator only in Poland.
- Goods can be delivered via another Delivery Service than mentioned by the Vendor only if the Customer agrees to cover the cost of such service.
- Sending goods through other Delivery Service must be preceded by prepayment of the whole sum of money. The Customer is the one who places the order of collecting the parcel from the Vendor.
- In case of goods which are not available in the warehouse, the time of realising the order is given in the product card.
- Delivery time includes dispatching time and shipment.
- Maximum dispatching time to the Delivery Service is within 2 days after placing order (while COD method is chosen) or 2 working days from the moment of receiving money transfer. In case of goods “To order” maximum delivery time is within 14 working days.
- When the Customer is not capable of collecting the parcel on a given day, before confirming the order an e-mail should be sent to email@example.com stating the most appropriate day and time of delivery.
- Goods can be collected personally from the warehouse in Tarnów, ul.Kochanowskiego 43 on every working day between 7am-3pm .
- In case the package is damaged during shipment, the Customer has the right to demand the compensation when the Delivery Service does not draw up a report. If the Customer receives the damage report, the Vendor advices to keep the report and send a copy to Vendor’s address as it may help in further guarantee procedure. The cost is covered by the Customer.
- Shipment costs of goods up to 0,5 kg are stated in the price list of Delivery Service. Shipment costs of goods above 1 kg are to be agreed on based on price list of either Postal Operator or Delivery Service.
§V. ORDER CANCELLATION, RETURNS.
- According to the Customer’s Law, every Customer has the right to cancel the order without stating the reason within 14 (fourteen) days from receiving the product. In such a case the contract is considered not valid.
- Cancellation notice can be made online by filling in the form available on the shop’s website. It can also be done using a standard form available here.
- Cancellation form can be e-mailed as an attachment to firstname.lastname@example.org or sent on paper via traditional post to ul. Kochanowskiego 43, 33-100 Tarnów.
- The Customer is obliged to send the product back to the Vendor within 14 day from the date of cancellation. The product should be sent to ul. Kochanowskiego 43, 33-100 Tarnów.
- In case of cancellation refunds will be made within 3 days from cancellation. Refunds will be processed once the item is received back or the Vendor receives the confirmation of sending the item depending on which comes first.
- Cost of returning the item is not covered by the Vendor.
- When returning goods to Customer, refunds will be paid onto the same method of payment as used on the original order unless the Customer agrees on any other method which is not connected with additional costs.
- If the Customer decides to return the product, proof of purchase (the copy of the receipt or invoice) MUST be attached.
- In case of cancellation, the cost of returning the item is covered by the Customer. The Customer is obliged to protect the item in such a way as to prevent the product and packaging from being destroyed.
- In case of cosmetics the product must be returned unused and unopened.
- The Vendor states that Consumer is not entitled to withdraw from the agreement in case of agreements mentioned in Art. 38 the act from 30 May 2014 about Consumer’s Law (Dz. U. from 2014 pos. 827). The up-to-date text of this act is available under this link. In particular the right to withdraw from the agreement without stating the cause does not apply to a Consumer with reference to agreements:
• In which the item is not-prefabricated, produced according to the specification of the Customer or serving the individualized needs of the Customer;
• In which the item is prone to quick destruction or having a short expiry date;
• In which the thing delivered is in sealed container, which is not possible to return after opening due to health care or from hygienic reasons ;
• In which the items sold are inseparable.
- The Vendor is responsible for any product deficiency in the scope determined by provisions of the Civil Code, in particular provisions on the deposit (Art. 556 - 576 (4) of civil code).
- A complaint can be made by the Consumer in any form (e.g. in the traditional written form to the address: ul. Kochanowskiego 43, 33 -100 Tarnów or via email at email@example.com).
- The Vendor will take a stance on complaints immediately, the latest within 14 days of the day of making a complaint by the Consumer.
- The faulty product should be sent back to the address: ul. Kochanowskiego 43, 33-100 Tarnów
- The consumer can file complaints on account of the statutory warranty for the period of 2 years from the date of receiving goods.
- The Vendor advises the Consumer, provided it is not inconvenient for the Consumer, using the complaint form which can be found here.
- Some goods are covered with guarantee of the producer or the distributor. In such case principles are shown on the document of guarantee attached to goods.
- The guarantee mentioned in the section above does not exclude or limit Customer’s right to the statutory warranty.
- in case of the contract with the Customer being an Entrepreneur purchasing as part of his business activity, the responsibility for the Vendor towards the Customer on account of the statutory warranty is excluded.
- Fulfilling the duty arising from Art. 32 Acts on extrajudicial disputes - we are announcing, that in the event when the complaint filed by the consumer is not solved, the Vendor refuses the participation in extrajudicial disputes.
- Vendor is an administrator of personal data of Customers and Clients using the shop.
- Vendor’s due care of confidentiality is of utmost importance. The Vendor with the due diligence selects and applies appropriate technical measures protecting processed data (among others systems of the encryption of data). Personal details of Users are protected by the Vendor in accordance with the act from 29 August 1997 about the protection of personal data (D. U. Nr of 101 of 2002, as amended pos. 926) in a way which makes it impossible to access data by the third parties, process it with the breach of the law. The administrator protects personal data of Customers and Clients according to provisions of the regulation of the Minister of Internal Affairs and Administration from 29 April 2004 on documentation of processing personal data (D. U. from 2004 No. 100, pos. 1024).
- Sharing any data by the Customer is optional.
- Users can browse the website without registering or sharing any personal information.
- Personal details of Customers and Clients are processed by the data administrator for the purpose of the completion or realization of online contracts, invoicing and conducting the financial reporting, as well as, informing of new releases, services and accessible discounts in the shop (provided a consent has been given by the Customer).
- The shop uses file cookies of session, functional and statistical character. These files are applied exclusively in order to adapt a website to User’s needs.
- The browser enables the user to turn off the cookies. However, turning off the option of cookies will cause the loss of the functionality of the shop, in particular it will make it impossible to register (create an online account) or place an order with the help of the online form.
- To report any doubts, questions and requests concerning the issue of processing personal details of Users by the data administrator e-mail us at firstname.lastname@example.org or telephone at the number indicated in Contact Us.
§IX. ELECTRONIC SERVICES.
- Electronic services provided by the Vendor are free of charge. The sale of goods is not an electronic service.
- Electronic services provided by the Vendor are:
a) supplying the User with online registration form,
b) supplying the User with online order form,
c) enabling the User to create and use an online account.
- Online payment is made through Blue Media S.A. with office registered at ul. Powstańców Warszawy 6, 81-718 Sopot.
- The Customer may at any time terminate the services which were mentioned in the previous section (point a and b) by leaving the website of the shop.
- In order to create an account in our shop, click on “Sign up” in the right top corner of the website. Supply all the necessary personal details (e-mail address, address, name, surname, phone number), create a password, tick the checkbox next to the agreement of consent (agreement of consent is not binding for the User) and accept by clicking “Continue” button.
- Supplying personal data is optional, yet necessary for creating an account.
- Customer has the possibility to terminate the use of services mentioned in 2c of this paragraph by notifying the data administrator. In order to do to so an e-mail should be sent to F.H. Alternatywa Marcin Malicki at email@example.com informing of the willingness to remove the account. As soon as the message has been received, the account will be deleted.
- Any complaint concerning electronic services should be e-mailed at firstname.lastname@example.org or posted to ul.Kochanowskiego 43, 33-100 Tarnów.
- The Vendor will take a stance within 14 days from receiving the complaint.
§X. FINAL PROVISIONS.
- According to the Act of Trade Inspection (Dz. U. z 2001 r. Nr 4, poz. 25 Nr 110, poz. 1189) from 15 December, 2000 in case of a disagreement between the Vendor and the Client being a Customer, the Client can file a complaint to Wojewódzki Inspektorat Handlowy for initiating mediatory proceedings.
- The competent jurisdiction for the resolution of disputes concerning online contracts between Consumers and the Vendor is the court applicable according to the Regulations of Kodeks Postępowania Cywilnego. However, according to Act of Trade Inspection (Dz. U. z 2001 r. Nr 4, poz. 25 Nr 110, poz. 1189) from 15 December, 2000 and decree of Minister of Justistice from 25 September, 2001 (Dz. U. z 2001 r. Nr 113 poz. 1214) the Client being the Customer can file an application concerning examining of the case to Stały Polubowny Sąd Konsumencki acting at Wojewódzki Inspektor Handlowy. According to §15 of above mentioned decree the application is not binding (the Vendor can but does not have to agree on resolving the dispute by Stały Polubowny Sąd Konsumencki).
- The competent jurisdiction for the resolution of disputes between the Vendor and the Enterpreneurs concerning contracts made through an online shop is the court relevant to the localisation of the headquarters of the Vendor.
- For any matters not regulated in this Regulation Polish law shall apply, in particular Civil Code and other regulations.
- This Regulation do not exclude or limit any of the Users’ (Clients’) rights under the Polish law. In case of any contradictions between this Regulation and Polish law, mandatory rules and provisions of Polish law shall apply.
- The change of the Regulation can be only made following the User’s notification 7 days before enforcing the new regulations. Orders made before entry into force of the changes will be processed according to the Regulation valid while placing the order. If the User does not agree on changes, the online account can be removed at any time.
- This Regulation can be downloaded and printed free of charge from www.sklep.revedechantelle.pl
- This Regulation is valid from 1 March, 2017.