TERMS AND CONDITIONS OF THE ONLINE STORE
“www.skoryowcze.pl“
§ 1. General provisions
- These terms and conditions, hereinafter referred to as the “Terms and Conditions” , set out the rules for the use of the online store located at the URL www.skoryowcze.pl, hereinafter referred to as the “Store”.
- The store is operated by WS Stołowski Wojciech Stołowski, settlement Niwa 12 34-400 Nowy Targ, NIP 7352427497, hereinafter referred to as the “Administrator”.
- Address of the Store and contact information: web address – www.skoryowcze.pl e-mail – biuro@skoryowcze.pl, phone 790699444 mailing address – Niwa settlement 12 34-400 Nowy Targ.
- Information on the scope of the Store’s processing of personal data (“Privacy Policy”) and the scope of the use of cookies can be found at the URL www.skoryowcze.pl/polityka-prywatnosci.
- Each person should familiarize himself with the Rules of the Store before using it.
- Making purchases in the Store requires the Customer to have an active and working email account.
§ 2. Definitions
The terms used in the Regulations mean respectively:
1. Store – online store operating at www.skoryowcze.pl, selling products at a distance.
2. customer – any entity making a purchase in the Online Store in accordance with the content of the Terms and Conditions, including Consumers as well as Entrepreneurs.
3. user – any entity using the Internet who accesses the Store’s website.
4. customer account – a field containing data on transactions carried out
and an instrument for processing orders placed by the customer.
5. Newsletter – a service provided by the Online Store to the User who has agreed to send them a Newsletter, which consists in sending to such Users any information about the operation of the Online Store, after the User voluntarily provides his/her e-mail address, name and surname.
6. consumer – a natural person making a legal transaction with an entrepreneur not directly related to his economic or professional activity.
(7) Entrepreneur – a natural person, a legal person or an unincorporated entity performing a legal act on its own behalf in the course of its business activity
or professional.
8. working days – days of the week from Monday to Friday, except for public holidays
from work.
9. Regulations – this document, which defines the terms and conditions for the use of the Online Store and the purchase of products therein.
10. registration – voluntary submission of data by the Store’s Customer consisting of filling out a form available on the pages of this Store.
§ 3. Types and scope of the Store’s activities
- Through the Store is conducted distance sales via the Internet of an assortment of clothing, footwear and travel accessories.
- The offered items are new.
§ 4. Technical requirements
- For proper and uninterrupted use of the Store, the Customer’s station/end device should meet the following minimum technical requirements:
- active internet connection,
- The store is not obliged to provide the above equipment and/or software.
- Installation of the software referred to in paragraphs 1 and 2 is subject to a separate license agreement between the customer and the licensor.
- The store’s website adapts to any screen resolution (responsive website).
§ 5. Rules for making purchases
- The store, before confirming the purchase, provides the customer with the following information:
- accurate description of the product in question and its features;
- the total price of the ordered products, including taxes, as well as transportation, delivery or postal fees, and a summary of the total amount of the order with the selected delivery option
- concerning the method and time of payment
- concerning the manner and timing of the entrepreneur’s performance.
- When making a purchase in the Store, registration is not necessary
- Placing an order is done using a form, available on the store’s website available after pressing the button – “I order with the obligation to pay” in the sub-page of the product in question, or in the summary of the shopping cart, in which the customer provides the following data:
- Name or company name
- The customer places an order after reviewing the information specified in the contents of the store’s Regulations and the information indicated in paragraph. 2, which will be displayed electronically in the last step of filling in the electronic form preceding the expression of willingness to be bound by the contract by clicking on the “I order with obligation to pay” button. After reading the accumulated information specified for the Customer’s order, the Customer expresses his or her willingness to be bound by the contract by pressing the “Order with obligation to pay” button.
- All prices shown on the Store’s pages are in Polish zloty and include VAT. The price displayed in the shopping cart summary before the order is placed takes into account the shipping costs according to the option selected by the customer.
- The store undertakes to deliver items free of defects.
- An order is considered to be accepted for processing after the Store confirms acceptance of the order placed by the Customer.
- Confirmation of order acceptance is sent automatically after the order is placed by the customer;
- The Customer and the Store are bound by the price of the Product in effect at the time of placing an order for it.
- The following payment methods are honored in the Store:
a) payment on delivery upon receipt of a shipment delivered by a postal operator or courier service,
(b) simple wire transfer,
(c) electronic payment system.
- The deadline for payment is 7 days from the date of the order.
- The contract is considered to be concluded upon confirmation of acceptance of the order in the case of selection of cash on delivery or upon payment by the Customer, after receipt of confirmation of acceptance of the order for processing.
- The ordered goods are shipped within 7 business days:
- from the posting of the amount due for the product if you choose to pay in advance,
- Shipments are sent via DPD courier service, the Polish Post Office or to InPost Parcel Machines. Shipping costs are specified in the Shipping tab. The cost of international shipments is determined individually with the customer – depending on the destination of delivery.
- In the case of ordering several pieces of goods, as a rule, the goods are packed collectively in one shipment, unless, choosing a method of delivery, the Customer indicates a different method of packaging and selects the option of separate delivery for each product.
- The customer will be notified by email about the shipment of goods. When choosing a courier service, the customer will receive a tracking number via email. The shipment can be located on the tracking page of the courier in question.
- The maximum delivery period according to the Law on Consumer Rights is up to 30 days. If the time limit indicated in the preceding sentence is exceeded, the consumer has the right to grant the seller additional time. If the goods are still not released the customer can withdraw from the contract.
- If the goods are to be sent by the Store to a customer who is a consumer, the danger of accidental loss or damage to the item (goods) passes to the customer at the time of delivery to the customer. Delivery of an item (goods) is considered to be its entrustment by the Store to a carrier, if the Store had no influence on the buyer’s choice of carrier.
- Along with the product, the Store sends an information form (instruction on withdrawal from the contract) and a form on withdrawal from the contract – the forms are attached as Annexes 1 and 2 to these Regulations.
- A receipt confirming the purchase is sent along with the Product. A VAT invoice is issued upon request. The customer is obliged to provide complete data necessary for proper issuance of a VAT invoice:
- Name/Company,
Each customer who registers and/or makes an order agrees to receive information related to the progress of the transaction, notifications of changes to these Terms and Conditions to the email address provided by the customer.
- Other information regarding the operation of the Service, as well as containing commercial information about new products or services of the Service, about promotions of the Service and promoting products of the Administrator’s partners will be sent only to those Customers who have given their consent.
§ 6. Complaints
- In terms of complaints, the Customer who is a Consumer may exercise the rights granted by the provisions of the Civil Code Act of April 23, 1964. (Journal of Laws No. 16, item 93, as amended) and the Law of May 30, 2014. On consumer rights (Journal of Laws 2014 item . 827 of June 24, 2014).
- The store is liable to the customer under the warranty , if the sold thing (goods) has a physical or legal defect. A physical defect consists in the non-conformity of the sold thing (goods) with the contract. In particular, the sold thing (goods) is inconsistent with the contract if:
§ 7. Withdrawal from the contract
- In accordance with the Law of May 30, 2014. On consumer rights (Journal of Laws 2014 item 827) The customer who is a consumer has the right to withdraw in writing from the concluded contract without giving any reason within fourteen days from the date of delivery of the item, i.e. from the moment when the Customer took possession of the item, or when a third party other than the carrier designated by the Customer took possession of the item. To comply with the fourteen-day time limit referred to in paragraph. 1, it is sufficient to send the statement of withdrawal before its expiration. The declaration can be made on a form, the template of which is provided at the URL www.skoryowcze.pl/odstapienie.pdf and will be included by the Store in the hard copy of the product shipment. The use of this form is optional.
- According to Art. 38 of the Law on Consumer Rights, the right of withdrawal from a contract concluded remotely, according to the law, is not available to the consumer in cases:
- for the provision of services, if the trader has performed the service in full with the express consent of the consumer, who was informed before the start of the service that after the performance of the trader will lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the deadline for withdrawal;
- in which the object of performance is a non-refabricated item, produced to the consumer’s specifications or serving to meet his individualized needs;
- in which the object of performance is an item that is perishable or has a short shelf life;
- in which the object of the service is an item delivered in a sealed package, which after opening the package cannot be returned́ for health or hygienic reasons, if the package has been opened after delivery;
- in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
- in which the object of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can bé only after 30 days and the value of which́ depends on fluctuationś in the market, over which the entrepreneur has no control;
- in which the consumer expressly requested that the trader come to him to perform urgent repair or maintenance; if the trader provides additional services other than those requested by the consumer, or provides things other thaṅ spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things;
- in which the subject of performance is̨ sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; for the supply of newspapers, periodicals or magazines, except for a subscription contract̨;
- concluded through a public auction;
- for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, rental of self-carriages, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the daý or period of service provision;
- for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the withdrawal period and after the trader has informed him̨ of the loss of the right of withdrawal.
- In the case of withdrawal from the contract, the Customer is obliged to return the goods to the address: settle Niwa 12 34-400 Nowy Targ or give it to a person authorized by the Store to collect it immediately, but no later than 14 days from the day on which, he or she withdrew from the contract, unless the Store offered to collect the item itself. Returned goods should be packed in a way that prevents them from being damaged in transit.
- If the customer exercises the right referred to in paragraph. 1, the direct costs of returning the goods shall be borne by the customer .
- In the event of withdrawal from this contract, the Customer shall be refunded all payments received from him/her, including the costs of delivery of the items (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery offered in the delivery of goods available in the Store), immediately and in any case no later than 14 days from the day on which the Store was informed of the Customer’s decision to exercise his/her right of withdrawal from the contract with the Store.
- The Store will refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of return that does not involve any costs for the Customer.
- The store may withhold reimbursement until it has received the returned Goods (items) or until it has provided proof of return of these goods in connection with the withdrawal, whichever event occurs first.
- If the customer who is a consumer has chosen a method of delivery of the item (goods) other than the cheapest ordinary method of delivery offered by the trader, (applies to the method of the original delivery to the customer) the trader is not obliged to reimburse the customer for the additional costs incurred by him.
- The consumer shall be liable for any diminution in the value of the item resulting from the use of the item other than necessary to ascertain the nature, characteristics and functioning of the item.
§ 8. Final provisions and description the possibility of using out-of-court ways of handling complaints and pursuing claims
(1) The provisions of these Regulations are not intended to exclude or limit any of the rights of the Customer who is also a Consumer to which he is entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Rules and Regulations and the aforementioned regulations, these regulations shall prevail.
(2) In matters not covered by these Regulations, the provisions of Polish law shall apply, including in particular the Act of May 30, 2014. On consumer rights(Journal of Laws 2014 item . 827 of June 24, 2014) and the Act of April 23, 1964. – Civil Code (Journal of Laws 1964 no. 16 item 93 as amended).
(3) Information on the possibility of using out-of-court procedures for handling complaints and pursuing claims by the Customer who is a consumer, as well as the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial 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_indywidualne.php;
- http://www.uokik.gov.pl/wazne_adresy.php;
A consumer customer has, among other things. the following opportunities to use out-of-court means of complaint handling and redress:
- Permanent amicable consumer court operating at the Trade Inspection – the possibility of requesting the settlement of a dispute arising from the concluded Sales Agreement;
- The provincial inspector of the Trade Inspection may request the initiation of amicable mediation proceedings until the dispute between the customer and the store is resolved;
- district (city) consumer ombudsman or social organizationa, whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl
- Online Disputes Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/
Annexes to the Regulations
- INFORMATION ON EXERCISING YOUR RIGHT OF WITHDRAWAL
– INSTRUCTIONS ON WITHDRAWAL FROM THE CONTRACT
Right of withdrawal
- You have the right to withdraw from this contract within 14 days without giving any reason.
- The deadline for withdrawal from the contract expires after 14 days from the day on which you took possession of the item or on which a third party other than the carrier and indicated by you took possession of the item.
To exercise your right of withdrawal, you must inform the person responsible for performing the withdrawal action: WS Stołowski Wojciech Stołowski about your decision to withdraw from this contract by an unequivocal statement. Please be advised that the statement can be sent, for example, by mail or e-mail.
- You can use the model withdrawal form, but it is not mandatory.
- In order to comply with the withdrawal period, it is sufficient for you to send information on the exercise of your right of withdrawal before the expiry of the withdrawal period.
In the event of withdrawal from this contract, we will return to you all payments received from you, including the costs of delivery of the items (except for the additional costs resulting from your choice of delivery method other than the cheapest ordinary delivery method offered by us), immediately and in any case no later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this contract. We will refund your payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this refund.
We may withhold reimbursement until you receive the item or until you provide us with proof of return, whichever event occurs first.
Please send the item back to the address: osiedle Niwa 12 34-400 Nowy Targ promptly, and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the expiration of the 14-day period.
You will have to bear the direct costs of returning the item.
You are liable only for the diminution in value of the item resulting from the use of the item other than what was necessary to ascertain the nature, characteristics and functioning of the item.
- WITHDRAWAL FORM
Please be advised that this form must be completed́ and returned́ only if you wish to withdraw from the contract. The use of the form is optional.
Address:
WS Stołowski Wojciech Stołowski,
Niwa 12 estate
34-400 New Market,
NIP 7352427497
e-mail – biuro@skoryowcze.pl , Tel. 790699444,
I/We(*) hereby inform(*) of my/our withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*) the contract of workmanship of the following items(*)/the provision of the following service(*).
Date of contract(*)/acceptance(*)
Name of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if the form is sent on paper)
Date
(*) Delete as necessary.