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ONLINE SHOP TERMS AND CONDITIONS
ATELIER SYLWIA MAJDAN
I. GENERAL PROVISIONS
1.2 These Terms and Conditions are valid from 01.01.2014
2.1 Seller - the online shopping website sylwiamajdan.com "Atelier Sylwia Majdan" run by SM-ART Sylwia Majdan, Wojska Polskiego street 45/2, 70-473 Szczecin, NIP: 852-183-76-73, REGON 812592609, phone +48 883 734 777.
2.2 Buyer - a private person or an organization unit having legal capacity that is placing an order with the online store,
2.3 Consumer - a private person placing an order with the online store if the purchase is not directly related to that person's business or professional activity,
2.4 Supplier - a courier company or Poczta Polska Mail so far as it makes the delivery of goods ordered by the Buyer.
2.5 Goods - articles, including clothing and accessories, produced or delivered via Online Store,
2.6 Price - goods gross value (including the going rate of VAT) assigned to each product within the Website, not taking into account the cost of delivery of the goods to the place chosen by the Buyer.
2.7 Internet shop - online shop Atelier Sylwia Majdan making sale of goods electronically,
2.8 Workdays - days from Monday to Friday, excluding public holidays,
2.9 Password - your registered string combined by different characters available to the Buyer, which allows logging in the Online Store,
2.10 Terms and Conditions - the Terms and Conditions of Use,
2.11 Day of payment – the accounting date on the Sellers bank account
3.1 Making purchases via the Internet shop is possible after:
a) proper registration on the Online Store website,
b) meeting the minimum requirements of hardware and software.
Buyer access to a personal computer with a network adapter or modem enabling access to the Internet,
Windows operating system, Mac OS, Linux, having the graphical environment and a standard Web browser (Internet Explorer, Mozilla Firefox, Opera, Chrome)
3.2 Making purchases in the Online Store is also possible without conducting the registration process, however it takes the reservations set out in these Rules.
3.3 Seller reserves, that in the event of failure by the buyer of the above requirements he will not be able to provide Buyer the access to the Internet shop and making purchases through it.
3.5 Acceptance of the Rules is equivalent to making the Buyer declarations of intent on the content:
a) as a Buyer of the Online Store I have read the Terms and I accept all of its provisions,
b) I voluntarily proceed to use the services of vendors on the principles arising from the Regulations,
c) I declare that the personal information given by me on the registration form is true, and I am aware of the responsibilities arising from the generally applicable rules for providing false data,
d) I agree to process my personal data provided by means of the registration form by the Administrator, only for the purposes of proper implementation of the agreement on the provision of electronic services signed by the parties on the principles arising from the Regulations and other widely applicable law.
IV. ACCEPTANCE AND EXECUTION OF ORDERS
4.1 Placing an order is possible after logging in. Login occurs through typed login (e - mail address given at registration) and password and without logging with the reservations set out in these Rules.
4.2 Username and password are confidential. The buyer is solely responsible for the disclosure of login and password to third parties.
4.3 Ordering is followed by filling the order form. In the order form you should perform :
a) the selection of goods and their quantity,
b) The method of delivery of the goods and provide the delivery address.
c) the method of payment,
d) statements as to the will of receiving an invoice together with the data required for its exposure in accordance with the rules of law.
4.4 Order and any subsequent correspondence by e-mail should each contain an indication of the Buyer's name. The Parties agree that e-mail correspondence will be held as a continuation of the message received by the parties, maintaining the current content of correspondence.
4.5 The seller replies for correspondence addressed to him within five (5) working days.
4.6 Seller does not respond to e - mail about an order that do not include the order number and other data required by these regulations.
4.7 Placing an order in the Online Store is possible 24 hours, every day of the year, excluding periods of system failure ICT and its reconstruction and maintenance.
4.8 The information on the website Online Shop constitute an offer as defined in the laws of the Civil Code, the terms of sale are specified in the Rules, applicable provision of law and individual arrangements between the Buyer and the Seller.
4.9 Conclusion of the contract of sale occurs through an order by the Purchaser mails sent to the address of the Seller, under the condition of the availability of the Goods or materials in the warehouse Online Shop.
4.10 Performance of the contract shall take place within 30 working days from the date of payment by the Buyer, except choosing the payment method "cash on delivery", whereby in the case of impossibility of performance by the Seller, on the grounds that the object of the provision is not available(especially that Seller in most cases, sews the merchandise after placing an order) The Seller within 14 days of the conclusion of the contract (order), will return all received money from the Buyer, and also notify the Buyer.
4.11 In the case of COD delivery, the execution of order starts within 30 work days, counted from the day of confirmation the order by the Seller.
4.12 In the case of unavailability of Goods or material in Online Store that prevented execution of the contract the Seller will inform the Purchaser and, in addition, within 14 days of the conclusion of the contract (order), returns entire amount of money received from the Purchaser.
4.13 The Seller reserves the right to perform the contract with materials similar to the Goods specified in the contract, but not lower quality than the ordered Goods.
4.14 The Seller reserves right to withdraw from the contract, when the importation of Goods would be impossible, if it would generate unreasonable costs or long waiting period. Then, within 14 days of concluding an agreement (filling an order), the Seller will return all money received from the Buyer and he will inform the Buyer about it.
4.15 For each finished purchase the Seller will provide the VAT invoice, with the exception of paying for Ware by cash on delivery.
V. CUSTOM CLOTHING
5.1 The Seller offers the opportunity to purchase tailor-made clothing.
5.2 Custom clothing is made with the measurements specified by the Buyer while placing an order.
5.3 Seller shall not be liable for improper measurements done by the Buyer.
5.4 Due to the individual nature of the contract tailor-made implementation of this order is possible only through an advance payment in the amount of 50% of the ordered Product, prior to its implementation.
5.5 Tailored Ware shall not be returned or exchanged.
5.6 In the case of tailor-made Ware, the execution of order starts within 30 days from the date of payment.
5.7 There is an additional charge of 30% of the product's value.
VI. PRICES AND DISCOUNTS
6.1 Commodity prices listed on the website of the Online Store are expressed in Polish zloty and include VAT.
6.2 Price of Ware is binding from the moment of the order.
6.3 Seller reserves the right to change prices of ware, carrying out promotional campaigns and sales as well as their dismissal.
6.4 The above rights does not affect Commodity prices for orders placed before the date of changing the Prices and terms of promotions and sales.
6.5 In the case of purchase of ware with a value of PLN 5,000.00 - 10,000.00 PLN Buyer shall have permanent discount in the Online Store and in store in Szczecin headquarters in the amount of 5%.
6.6 In the case of purchase of ware worth more than PLN 10,000.00 Buyer shall have permanent discount in the Online Store and in headquarters store in Szczecin in the amount of 10%.
6.7 Fixed discounts apply from 1 January 2014.
6.8. Paragraphs 6.5 and 6.6 do not apply to the Ware on sale or purchased at a promotional price and Chiara Ferragni footwear.
VII. DELIVERY COSTS AND METHODS
7.1 Delivery of goods is done by any method chosen in the order by the Buyer from among the options set out in this chapter.
7.2 Delivery is via UPS courier, Pocztex or Poczta Polska, called Suppliers.
7.3 In the case of personal collection of Goods by the Buyer, the collection is possible after prior Seller's telephone or e-mail confirmation.
7.4 In the case of delivery by Pocztex within Poland, delivery costs are as follows:
a) 25 zł in case of selecting prepayment form,
b) 35 zł in case of selecting Cash On Delivery option.
7.5 International delivery is made via UPS in accordance with the valid price list for each of the Delivery zones.
7.6 Execution of Delivery proceeds:
a) in the case of domestic shipment on the next business day from the date of filling an order,
b) in the case of an international shipment within 4 to 10 days from the date of realization of filling an order according to the UPS charges list shown below.
England, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark,
Estonia, Finland, France, Greece, Spain, Netherlands, Ireland, Lithuania,
Latvia, Luxembourg, Monaco, Germany, Portugal, Romania, Slovakia,
Slovenia, Scotland, Hungary, Italy
Albania, Andorra, Belarus, Bosnia-Herzegovina, Montenegro,
Kosovo, Liechtenstein, Macedonia, Moldova, Norway, San Marino,
Serbia, Switzerland, Ukraine, Channel Islands
Canada, Mexico, Puerto Rico, USA
Ceuta, Faroe Islands, Gibraltar, Greenland, Iceland, Melilla, Russia, Turkey, Canary Islands
Armenia, Azerbaijan, West Bank Gaza, Georgia, Israel, Kazakhstan,
Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan
Afghanistan, Saudi Arabia, Australia, Bahrain, Brunei, China, the Philippines,
Hong Kong, India, Indonesia, Iraq, Japan, Jordan, Qatar, South Korea, Kuwait,
Lebanon, Macao, Malaysia, Mongolia, New Zealand, Oman, Pakistan,
Singapore, Thailand, Taiwan, United Arab Emirates
South Africa, American Samoa, Anguilla, Antigua and Barbuda, Argentina,
Aruba, Bahamas islands, Bangladesh, Barbados, Belize, Bermuda, Bhutan,
Burma, Bolivia, Bonaire, Brazil, Brit. Virgin Islands, Chile, Curacao
Central Africa, Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cook Islands,
Chad, Djibouti, Eritrea, Ethiopia, Fiji, Gabon, Gambia, Ghana, Guam, Guinea,
Equatorial Guinea, Cameroon, Kiribati, Komoros, Congo, Kosrae, Liberia, Madagascar,
Malawi, Maldives, Mali, Morocco, Marshall Islands, Mauritania, Mauritius, Mayotte,
Micronesia, Mozambique, Namibia, Niger, New Caledonia, Palau, Papua New Guinea,
French Polynesia, Northern Mariana Islands, Pohnpei, Reunion, Rota, Rwanda,
Saipan, Solomon Islands, Samoa, Senegal, Seychelles, Sierra Leone, Tahiti, Tanzania,
East Timor, Tinian, Togo, Tonga, Truk, Tunisia, Tuvalu, Uganda, Vanuatu,
Wallis and Futuna Islands, Ivory Coast, Cape Verde Islands, Yap, Zambia, Zimbabwe
7.7 The Seller does not take the responsibility for the promptness of delivery by the Supplier, except from the cases expressly provided by universally binding law.
VIII. PAYMENT METHODS
8.1 The Seller accepts payments made by:
b) traditional money transfer,
c) via PayU (bank transfer and credit card),
d) via PayPal (foreign transactions)
e) in cash, in the case of the personal collection
f) in cash, in the form of cash on delivery.
8.2 In the case of payment by traditional transfer method, an order is filled providing that there is the order's number entered in the title of transfer.
9.1 In accordance with the Act of 27 July 2002. on special conditions of consumer sales and amending the Civil Code to the Purchasers who are consumers, the seller is responsible for the inconsistency of the consumer good within the agreement.
9.2 In the case of Purchasers who are not Consumers seller shall be liable to the principles set forth in the Civil Code.
9.3 When submitting a complaint buyer is obliged to send the product together with duly completed claim form and a VAT invoice confirming the purchase of the Ware to the address: SM-ART Sylwia Majdan, Wojska Polskiego street 45/2, 70-473 Szczecin.
9.4 The complaint is considered within 14 days from the date of its notification.
9.5 If a consumer product is not in conformity, the consumer is entitled to bring it into conformity with the contract by free repair or exchange of a new one, unless the repair or replacement are impossible or require excessive costs. When evaluating the redundancy of costs, the value of the good within the contract and the level of the incompatibility is taken into consideration as well as the nuisance which could possibly affect the Buyer by the other method of satisfying him
9.6 Seller replaces Ware after taking into consideration the complaint within 14 days of its consideration.
9.7 If Consumer cannot demand repair or replacement, or if the Seller cannot manage to redress such a request in a timely manner, or if the repair or replacement would cause significant inconvenience to the buyer, he has the right to demand an appropriate price reduction or backtrack on the contract; he cannot backtrack from the contract when the incompatibility of ware with the contract is immaterial. While determining the appropriate time for repair or replacement, the type of goods and the purpose of its acquisition are taken into account.
9.8 The consumer has the right to implementation of the law that is arising from the incompatibility of consumer goods with the contract within two years from the date of the Product, and he needs to notify the Seller about a defect in the goods within 2 months from the date of noticing the defect.
X. RETURNS AND EXCHANGE
10.1 Returns and exchanges of the goods purchased in the online store are possible within the framework of power of the Buyer's rights referred to in Chapter IX and XI of the Rules.
10.2 The returned or exchanged Goods:
a) should be sent in original, undamaged packaging, have price tags and safeguarding,
b) there can not be any traces of use,
c)it should be sent, together with the properly completed refund form and VAT invoice.
10.3 The requirements set out in Rule 10.2 also apply for reimbursement in the case described in Chapter XI of the Rules.
10.4 Goods returns are made through the online store customer account tab. You should go there and pick the goods to be returned. It is possible to return the funds to the designated account number or account balance customer in our store. These measures can be used on future purchases. There is an inability to withdraw funds from the account balance.
10.5 An exchange be done by choosing Customer's account-recovery options, selecting the return of funds to the account balance, then making a re-order the right size, or other product using the funds on the Customer's account.
XI. RIGHT OF WITHDRAWAL
11.1 The consumer may cancel the purchased Merchandise from the Online Store and file a statement of withdrawal from the agreement within 10 (ten) days from the date of receipt of delivery or release of Goods in the case of the personal collection accordance with the provisions of the Law of 2 March 2000 on the protection of some consumer rights and liability for damage caused by dangerous products.
11.2 The consumer is not entitled to reimbursement in cases specified in Art. 10 of the Law on protection of consumer rights, particularly in the case of Goods having the characteristics specified by the consumer in his order and closely associated with his person, and especially tailor-made goods as well as goods made-to order Buyer
11.3 The right of withdrawal is not granted in case of purchase of goods in the headquarters of the shop, as well as in any other case in which the Law on protection of consumer rights and liability for dangerous products do not apply.
11.4 Seller accepts returns at:
11.5 Seller, at the latest within 30 days from the date of receipt of the Goods by the Seller returns The consumer an amount equal to the purchase price, by the transfer to the bank account indicated by the Consumer.
XII. PERSONAL DATA
By completing the registration process, the Buyer agrees to place his personal data in the Administrator database for the purpose of contract and marketing purposes.
The Data Controller is the SM-ART Sylwia Majdan.
The buyer is liable for providing false personal data.
Buyer's personal data are protected in accordance with the Act of 29 August 1997 on the protection of personal data.
Buyer has the right to inspect the contents of personal data and to correct them, and demand their removal.
Buyer agrees to provide his e-mail to the Online Shop and personal data to transmit e-mails, as well as to fulfill the contract and in particular realize the deliveries and payments for the Goods.
XIII. FINAL PROVISIONS
13.1 In matters not covered by these Rules and the agreement with the Buyer, the provisions of the Civil Code, the Act on special terms of consumer sales and to change the Civil Code, Law on electronic services, as well as provisions of the Law on protection of consumer rights and responsibilities for damage caused by dangerous products.
13.2 Any amendments to these Regulations will be introduced in accordance with the provisions of applicable law.
13.3 The Seller will notify Buyer of the amendments to the Regulations by placing it's consolidated text on the Online Store website.
13.4 In the event of amendments to the Regulations orders placed before the date of introduction of amendments to the Regulations are based on the Regulations in force at the date of the order by the Seller.
Our portal attaches particular importance to respect the privacy of users visiting the site sylwiamajdan.com. We want every user to know exactly what data we obtain and how can they protect their privacy.
The data administrator is the SM-ART Sylwia Majdan. Service contains links to other websites. We can not be held responsible for the privacy practices on other sites. We encourage you to read their privacy policies when switching to another websites
What Data Do We Collect About the User?
During your visit, our servers use log files that automatically record and keep anonymous information such as time of your visit, IP address, URL, browser, etc. The collected data is kept indefinitely as auxiliary material used to administrate the website. The information contained therein is not disclosed to anyone except from the authorized to administrate the server and the web portal. In addition, our service collects anonymous data about the visited sites, such as the number of visits, country, browser, time of visit, etc. We analyze the collected data using an external solution providers. Currently, we use Google Analytics. The tool is based on the so-called cookies and does not provide personally identifiable information. When contacting us via the contact form, phone, e-mail, etc. you give us your personal data, for example name, surname, e-mail, etc.. Saving these data is for contact purposes - to make a response for your question and to fill an order. Personal data (name, surname, email address) gathered by the forms are used only for contact purposes and are related to the execution of order.
How Can You Tell Us About the Change of Data?
You can delete your account from the database at any time. You can do it directly from the website ... or using a link in the footer of the e-mail that has been sent to you. In case of the data collected by forms you can delete or modify it by sending an email to ... It should contain information of what should be modified or deleted.