Definitions of Terms
- Seller – Paweł Tumiłowicz running business activity named:
ALTERNATIVE OFF FASHION STORE PAWEŁ TUMIŁOWICZ
4/1 Kolejowa Street
REGON: 146279530 E-MAIL: [email protected]
registered in Central Registration And Information On Business, called further as CEIDG lead by the Minister of Economy.
- Customer – natural person, aged at least 13, or when under the age of 18 permission of statutory representative is required; also legal person and business unit which is not in itself a legal person to which legal capacity is stated and that places or is going to place an order or uses other services of the online shop (that includes also a consumer).
- Online shop – a networking service available at latex.shop.pl that makes it possible for customer to purchase goods from the seller.
- Goods – movables presented in the online shop that can be a subject of contract of sale.
- Order form – a service available at the shop’s website that makes it possible for customer who does not own an account to buy goods.
- Regulations – these presented regulations of the online shop.
§I. General provisions
- The following Regulations state the rules and terms of contracts of sale between the seller and customers using means of long-distance communication and the rules and terms for customers to use the services of the online shop available at latex.shop.pl.
- In terms of online services these regulations are the document described in the Act.8 of the law of 18th July 2002 regarding online services (Dz.U. z 2002 r. Nr 144, poz. 1204 z późn. zm.). The Regulations are directed to all the customers of the online shop. Customer is obliged to follow all the provisions of these regulations. Sales are regulated by the current version of the regulations, valid at the moment of placing an order.
- All the information referring to the goods (including prices) cannot be considered offers defined in the Art. 66 of the Civil Code, only invitations to treat defined in the Art. 71 of the Civil Code.
- Information considering prices presented on the website has a binding character form the moment when Customer receives an e-mail described in the provision III, section 5 of the regulations. After placing an order successfully the price cannot change regardless of prices changing in the shop that refer to given goods.
- Photos of goods placed on the website should be considered examples and are meant to present specific models.
- Customers can purchase goods via the online shop without using the form to register.
- To place an order successfully customer has to give exact address information and phone number or e-mail address to make contact with the customer.
§II. The Terms and Conditions of using the Online shop
- In order to use the services of the Online shop the customer is obliged to familiarize oneself with the regulation. By placing an order in the online shop customer declares the acceptance to the regulations.
- 2. Information given in the registration form and the order form should be veracious and valid. If the information is not valid or out of date the seller is not obliged to fill an order.
- Seller takes every possible effort, technically and organizationally, to prevent the third parties from intercepting and modifying the data given during registration or placing an order.
- Customer is obliged:
- to use services of the Online shop without causing distortion of the shop functioning, that means distortions caused by using certain software or hardware;
- not to take any actions that will lead to holding secret information owned by the seller;
- to use services of the Online shop the way that the law of Republic of Poland, the regulations and common customs dictate;
- to use the services in the way that will not lead to cause any inconveniences to other customers and to the seller, with respect to personal goods (including privacy rights) and other rights;
- to use the contents of the Online shop only for own purpose;
- The seller can deprive the customer of the right to use the service if information given in the registration or order form are not true or if obligations described in the section 4 are violable. The customer who has been deprived of the right to use the service cannot register again without the seller’s approval.
- Orders for goods available in the online shop are placed through an order form available at the shop’s website.
- The customer is aware that some products available in the shop are manufactured on individual request of customers according to their predetermined specification: colors, individually adjusted size, trimming, materials thickness.
- Placing an order through order form is available 24/7.
- Having an order placed, the customer receives an e-mail that confirms the online offer (confirming execution of order). After receiving said confirmation a contract of sale for ordered goods will be made.
§IV. Payment and price
- All the prices on the website:
- are presented in Polish Zlotys and Euro,
- include VAT (tax),
- do not include costs of shipment.
- The price given for every product is binding after the customer receives confirmation of placing the order.
- Customer can choose method of payment for ordered goods:
- bank transfer (remittance),
- payment using PAYPAL,
- payment using PayU.
- Seller has the right to change price of goods, launch and cancel promotions and sales and change their terms. This right does not influence prices of goods ordered before the price or terms of promotion changed.
§V. Execution of orders
- After the e-mail confirming receiving an offer the seller begins the process of execution of order.
- Orders are executed within 24 hrs to maximum 10 days depending on:
- overall amount of orders,
- whether order placed by customer is valid and proper,
- current amount of raw materials.
Above time-limits may be exceeded if difficulties with execution of order appear.
- Customer is charged with costs of shipment and it is a value added to the value of ordered product.
- Products are delivered under given address in Poland using Poczta Polska services. Estimated delivery date is one working day counting from the date following placing the order. The time-limit can change under circumstances that the delivery service is responsible for and the seller is not.
- Having the package delivered customer should inspect its contents. If damaged or opened a protocol should be written down in courier’s presence and sent with possible complaint to the seller.
- Maximum time of execution is 30 working days.
- Every delivery has proof of purchase (receipt) attached.
§VI. Withdrawal from the contract of sale
- Customer has the right to withdraw from the contact. In order to do so, a declaration must be submitted within 10 days.
- The above right can be executed after the declaration is sent to the address:
Alternative Off Fashion Store Paweł Tumiłowicz
P.O. Box 128
26-600, Radom 1
- Mentioned 10 days are counted from the day when courier delivered purchase to the customer.
- In case of distance contract withdrawal the contract is considered no longer valid and the customer no longer liable. What both sides provided is to be returned unchanged which means that contract withdrawal is not valid if returned goods are damaged, soiled, has shortcomings or misses its integral parts unless delivered goods is not in conformity with the contract of sale defined in the Act of 27 July 2002 on special terms of consumer sale and on Civil Code change (Dz.U. Nr 141, poz. 1176 z późn. zm.).
- Return of reciprocal provisions should be immediate, not later than within 14 days.
- Returned goods should be packaged properly in order to prevent from damages during transportation, if possible using original wrapping. Goods should be returned with complete equipment and documents delivered while its sale and sent to the company’s address.
- Customer is charged with the costs of wrapping and shipment.
§VII. Customer guarantee
- The seller takes responsibility for goods not being in conformity with contract of sale, in terms defined in the Act of 27 July 2002 on special terms of consumer sale and on Civil code change (Dz.U. Nr 141, poz. 1176 z późn. zm.).
- In order to avoid any doubts, none of provision of these regulations limits the rights of customer that one has according to the law of the Republic of Poland.In case such law shall appear, the law to be applied is the law of the Republic of Poland, specifically the Civil Code, the law of the 2 March 2000 Act on Some Consumer Rights Protection and Responsibility for Damage Caused by a Dangerous Product (Dz.U. z 2000 r. Nr 22, poz.271 z późn. zm.) and the law of 27 July 2002 on special terms of consumer sale and on Civil Code change (Dz.U. Nr 141, poz. 1176 ze zm.).
- In case delivered goods are not in conformity with the contract of sale a customer can make a complaint in writing. Complaint should be made within two months counting from the day the customer noticed the inconformity up to two years after the purchase has been delivered.
- A complaint can be made if different than ordered goods are delivered, orders are completed incorrectly or the amount of goods delivered is different than ordered.
- In order to use the right to make a complaint the customer has to fill in the form of complaint and send it both with the goods and the proof of purchase (receipt).
- The seller has 14 days to respond to complaint counting from day of receiving the goods from the customer. The seller is obliged to keep the customer informed on the actions taken.
- The customer is aware that for certain products the shop provides services of chlorination of latex that substantially and irremediably changes the properties of materials’ structure. The customer is aware that ordering such service, gum repair or any other changes of product will not be possible.
- Having a complaint admitted, the customer can change the faulty goods or have the sales receivables returned to his/her bank account. The return is fulfilled within 14 days after the complaint is adjusted.
- The customer is charged with the cost of delivery while making a complaint. The shop does not accept Cash On Delivery in such cases.
§VIII. Personal data protection
- Alternative Off Fashion Store company respects concern of the users for the privacy and values the relations built with the customers and thus ensures them that the data and information is not disclosed without permission. If the customer signifies her/his consent, information considering orders is sent and a periodic newsletter on request.
§IX. Final provisions
- If any of the regulations are considered invalid or ineffective in the manner prescribed by statutory law, it does not affect the validity of other regulations. The nearest to the purpose of the invalid provision will be applied instead of the invalid one.
- The seller reserves the right to change the regulations. Changes are valid after being clearly pointed and put on the website of the online shop.
- The current regulations are available on the website of the online shop.
- The seller does not take responsibility for the servers being blocked by the administrators, the servers meant for sending messages to customers or for deleting and blocking messages by software installed on customer’s computer.
- The seller does not take responsibility for transactions made by an unauthorized person who gained access to customer’s account when the customer did not exercised caution while using login and password of the account.
- The regulations come into force on 24th July 2013.