TERMS AND CONDITIONS FOR THE USE OF THIS ONLINE SHOP
§ 1. General provisions
- The Terms and Conditions (hereinafter referred to as “Terms and Conditions”) stated herein, specifies rules of an online shop located in: www.wearcaroline.com
hereinafter referred to as “Shop”.
- The Shop is run by Caro Line Karolina Rostek, Świętojańska 69/3, 81-389 Gdynia, Poland, NIP: 8491526200 , REGON: 381222410
- Shop’s address and contact details: www.wearcarolie.com e-mail – email@example.com, phone: 502714237 .address: Świętojańska 69/3, 81-389 Gdynia, Poland
- Every person shall read this Terms and Conditions before entering our Shop.
- Every customer is obliged to have an active and functional email account while purchasing in our Shop.
§ 2. Definitions
Expressions used in this Terms and Conditions mean as follows:
- Shop – shall refer to an online shop wearcaroline.com, which sells its products remotely.
- Client – shall refer to every subject purchasing products in our online Shop in accordance with Terms and Conditions, including a Consumer and an Entrepreneur.
- User – shall refer to every Internet user who visits a website of this online Shop.
- Customer’s Account – shall refer to a place consisting of transactions data; an instrument designed to finalize Customer’s orders.
- Newsletter – shall refer to a service provided by an online Shop aimed at its Users who agreed to receive such a Newsletter. The service includes sending information and news about all activities of this online Shop after receiving Customer’s email address, name and surname which were given to us voluntarily.
- Consumer – shall refer to any natural person conducting a legal act with a Contractor without being directly connected with its professional or economic activity.
- Contractor – shall refer to a natural person, a corporate or non-corporate entity granted legal capacity on their behalf or as part of its professional and economic activity.
- Working day – shall refer to weekdays from Monday to Friday aside from statutory holidays.
- Terms – shall refer to this document, which specifies terms and conditions of using and purchasing products via the online Shop.
- Registration – shall refer to getting Customer’s data after filling in the Shop’s registration form voluntarily.
§ 3. Type and scope of services
- The Shop runs distance selling sportswear via the Internet.
- Products we offer are hand-made.
§ 5. Technical requirements
- In order to use the Shop properly, the User’s end-device should have minimum technical requirements:
a) active Internet connection;
c) email account
- The Shop is not required to provide those devices or software.
- Installation of the software mentioned in paragraph 1 and 2 is a subject of a different license agreement between a Customer and licenser.
- This website is adjusted to the screen resolution of 1600x900 pixels.
§ 6. Conditions of online shopping
Shop, before confirming the purchase, sends its Customer the following information:
- Precise description of the product and its features;
- Inclusive price of all ordered products along with taxes, transport/delivery/post payments – this inclusive price consists of a chosen delivery option;
- The way and date of payment;
- The way and date of finalizing the deal by the Contractor;
- Purchasing a given product via the Shop does not require registration;
- Client makes an order by filling in a form available on our website’s “I buy and pay” link below a given product or in the finalization of your basket where the Client gives such data:
a) Name and surname or the company’s name
b) Email address
c) Phone number
d) Delivery address
7. Client makes an order after reading this Terms and Conditions and information given in paragraph 2, which will be displayed on the last stage of an online form and he/she agrees to finalize the deal by clicking “I buy and pay” button. After reading all information connected to a given order, the Client agrees on the deal by clicking “I buy and pay” button.
8. All prices given by the Shop are in EUR ,PLN and USD and they include VAT. Price displayed in the deal’s finalization includes shipping cost chosen by the Client.
9. Shop agrees to deliver products free from being flawed.
10. Order is signed to realization after the Shop confirms taking such an order made by a Client.
a) Order confirmation is sent automatically after a Client made such an order;
b) Shop can withhold confirming order while having doubts about User’s credibility and authenticity of data given in registration form. In such a case, the Shop shall contact the Client without delay in order to clarify any concerns;
c) In the case of non-availability of the part of ordered items, a Client shall be immediately informed. The Client shall decide if the order is going to be partly executed or fully cancelled.
11. A Client and the Shop are bound by the price of the product at the time of placing an order.
12. Our Shop accepts such methods of payment as:
a) money transfer;
b) Settlement of transactions by payment card and e-transfer is carried out via Dotpay.pl
I. Payment deadline is set for 2 days since the day of placing the order and receiving an order confirmation email from the Seller.
II. The agreement becomes binding on the Client after making a payment while receiving an order confirmation email from the Seller.
III. Ordered products shall be sent within 5 working days since posting the sum of money for a product in case of up-front payment. During the promotion, we ship the goods within 10 days.
IV. Parcels are sent via Polish Post and DHL and DPD courier. Delivery costs have been specified in a Delivery unit. The cost differs depending on the place of delivery.
V. If Client orders a few items, the products are packed together into one parcel. However, while choosing delivery, Client can indicate a different way of packing his products and ticks an option of separate delivery for each item.
VI. Client shall receive an email which confirms that the order has already been sent. If a Client had chosen express courier service, he would get an email with the number of his delivery. According to an act of consumer rights, maximum term of delivery is 30 days. If this term is exceeded, Consumer has the right to give the Seller additional time. If the order is still not delivered, the Client can withdraw from the Agreement.
VII. If the order is going to be sent to a Consumer, the danger of accidental loss or damage to the product is shifted on the Client the moment he receives it. Receiving a product equals giving it to a carrier when the Shop did not have any influence on choosing this carrier by the buyer.
- Along with the product, Shop also sends informational form as well as withdrawal form – these forms are attached as Annex 1 and 2 to this Terms and Conditions.
IX. Along with the product, the Shop sends a receipt as a confirmation of a purchase. If the Client wishes, we can also issue invoice. Client is obliged to give detailed data necessary for a proper invoice:
a) Name and surname/company’s name;
b) Home address/headquarter’s address;
c) NIP number (for companies), PESEL number (for people);
d) Order number;
e) Mailing address.
Every Client who undergoes registration process and/or makes an order, agrees to receive email information connected with the transaction and alerts about changes in this Terms and Conditions.
13. Only those Clients who agreed, will receive other information about this Website as well as marketing news about new products and services, sales details and information about partners’ products.
§ 7. Complaints procedure
- As for complaints procedure a Consumer can use the legal basis under the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended) and an Consumer Rights Act of 30 May, 2014 (Dz. U. 2014 item 827 from 24 June, 2014).
- Shop takes responsibility in regard to its Client on a warranty of guarantee if a sold item has physical or legal defects. A physical defect means that the item is not compatible with the Agreement. In particular, a sold item is not compatible with the Agreement when:
a) does not have particular features of such a product as it was stated in the Agreement;
b) does not have particular features which Shop assured the Client on (including the presentation of a sample or pattern);
c) is not meant to be used for a purpose the Client informed Shop about during signing an Agreement and the Shop did not formally object to the proposed purpose;
d) it was delivered incomplete.
- Complaints relating to ordered products can be placed via email: firstname.lastname@example.org or via registered letter to the address:Świętojańska 69/3, 81-389 Gdynia, Poland . In order to make it easier for the client to make a complaint, a sample form has been placed at the following URL. Using it is optional.
- While making a complaint, we would like to ask you to give us Client’s: name and surname, address, data which would enable us to identify given transaction (e.g. login, order number, transaction date), item and the reason of complaint, contact details.
- While defining the way Shop shall deal with the complaint concerning a product which has physical or legal defects, a Consumer has the right to make a statement about decreasing the price or withdrawing from the Agreement. Furthermore, the Shop can exchange the flawed item for a new and non-flawed one (or if flaws will all be repaired) immediately and without any inconveniences. Such an act shall not apply to items already exchanged or repaired by the Seller (Shop) or if the Shop did not comply with the duty to replace the item for a non-flawed one or to repair it.
- Consumer can demand a replacement instead of proposed repair. Secondly, instead of replacement, they can demand a repair of the flawed item unless doing it the way the Client wanted, would be impossible or would require excessive costs in comparison with the way the Shop suggested. While estimating excessive costs, it is vital to consider items without defects or a kind and importance of identified defect. Moreover, it is also considered what inconveniences the Client would be subjected to.
- Reduced price should be as proportionate to the price stated in the Agreement as the value of a flawed item is proportionate to the value of a product without such defect.
- Client cannot withdraw from the Agreement if the defect is irrelevant.
- All complaints shall be resolved immediately and in any event not later than within 14 days following the date of receipt. Lack of statement within this period of time shall be understood as accepting claims declared by the Client.
- A response to the complaint shall be sent by the same means of contact as this complaint has been sent (unless the Client chooses a different method). A response to the complaint will be additionally sent by email.
- When the complaint has been resolved favourably, the Shop shall send the Client a non-flawed or repaired (as soon as possible) product. If the repair or replacement are not possible due to reasons specified in paragraphs 5 and 6, Shop will accept an alternative solution – it will either decrease the price or send the full refund including costs of delivery.
- The right to warranty does not apply for Clients purchasing products as Contractors.
§ 8. Right to withdraw
- According to a Consumer Rights Act of 30 May, 2014 (Dz. U. 2014 item 827), a Consumer has the right to withdraw from a signed Agreement in writing without giving any reason no later than 14 days after receiving the item (or after a third party received it on behalf of the Client). In order to meet the deadline, it is vital to send a withdrawal statement before the end of this 14-day period. Such a statement can be made while using a special form whose model has been published at www.wearcaroline.com. Its paper version is also attached by the Shop to every package it sends. Taking advantage of these model forms is optional.
- According to a 38th Article of a Consumer Rights Act, the right to withdraw from an agreement signed at a distance shall not be available for a Consumer if:
a) the Contractor has supplied the full service having Consumer’s acceptance. And if before supplying such a service, the Consumer has been informed that after fulfilling it, they will lose the right to withdraw from it;
b) the price or fee depends on financial market fluctuations which the Contractor does not have control over and can occur before the date of withdrawal from the Agreement;
c) a non-prefabricated item is a subject of a service or if this item was produced according to Consumer’s specifications in order to satisfy his individual needs;
d) a subject of a service is an item which is about to break down or which has a short term of durability;
e) a purchased item was delivered in a sealed package whose opening made it impossible to be returned due to health security or hygienic reasons;
f) delivered product(s) shall be inseparably linked with other items after being opened;
g) those items are alcoholic beverages whose price was set during making a deal and whose delivery can happen only after 30 days. Moreover, the value of those items depends on market fluctuations and the Contractor does not have any control over them;
h) a Consumer clearly demanded a Contractor’s arrival in order to carry out repairs or maintenance immediately; if the Contractor provides other services than those which were demanded by a Consumer or if he supplies different products than replacement parts needed for carrying out repair or maintenance. The Consumer has the right to withdraw from an Agreement in relation to additional services or products;
i) those items are audio/visual recordings or software delivered in a sealed package and if the package was opened after being delivered; about receiving journals, periodicals or magazines except for subscription agreement;
j) it was made by public auction;
k) those services concern accommodation matters (other than for residential purposes), carriage of goods, car rental, catering, services connected with leisure, entertainment, sporting and cultural events if in an Agreement the day or period for providing these services was marked;
l) it is about providing digital content which are not saved on a data medium. If executing such a service began due to Consumer’s agreement before the date of withdrawal from the Agreement and after being informed by the Contractor about losing the right to withdraw from it.
- In case of withdrawal from an Agreement, a Client is required to return the items to the address: Świętojańska 69/3, 81-389 gdynia, Poland or to give it to a person authorized by the Shop not later than 14 days after withdrawal. Unless the Shop offered taking it back on its own, the product should be packed so that it is impossible to be damaged during transportation.
- If the Client made use of his right to withdraw from the Agreement, the cost of return of goods is on the Client side.
- In the case of withdrawal, a Client will get all his costs back including delivery costs (with the exception of additional costs due to Client’s choice of a different delivery option than the cheapest available in the Shop). The Client will get the full refund within 14 days since the day the Shop has been informed about a Client’s decision to use his right to withdraw from the Agreement.
- Shop shall give the refund back through the same means of payment as was used by the Clients unless the Client agreed on another way of getting his money back which is not connected with any additional costs.
- Shop can withhold the refund until it receives the Product (item) back or until the Client proves sending it back by showing a proper evidence.
- If the Consumer chooses a different delivery option of the returned product (item) than the cheapest available in the Shop, the Contractor is not required to give such additional cost back to the Client.
- Consumer takes responsibility for lowering the value of an item that has resulted from using it for different purposes and, as an effect, it is impossible to determine original features and functionality of the item.
§ 9. Final provisions and the possibilities of taking advantage of extrajudicial ways in complaint processing and seeking redress
- The provisions of this Terms and Conditions are not intended to limit any Consumer rights as those are granted under binding legislation. If the provisions in this Terms and Conditions are not in line with those rights, formal legislation always takes precedence.
- For any matters not governed by this Terms and Conditions, Polish law shall apply. In particular, the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended) and a Consumer Rights Act of 30 May, 2014 (Dz. U. 2014 item 827 from 24 June, 2014).
- Information about various possibilities the Consumer has in order to take advantage of extrajudicial ways in complaint processing and seeking redress and the rules of accessing those, are available at headquarters and on internet websites of county (city) consumer rights advisers and social organizations whose role is to protect consumers. Moreover, there are also Provincial Inspectorates of Trade Inspection and Office of Fair Trading. You can find more information here:
- Consumer has such possibilities of taking advantage of extrajudicial ways in complaint processing and seeking redress:
- court of conciliation and arbitration operating in Trade Inspection – the Consumer can submit an application in order to resolve the dispute over a signed Agreement;
- Provincial Inspector of Trade Inspection – the Consumer can submit an application on mediation procedure in order to achieve a friendly solution;
- County (city) rights adviser or a social organization which is involved in protecting consumers (Consumer Federation, Association of Polish Consumers). Consumer Federation advises through a free helpline: 800 007 707. You can also write to Association of Polish Consumers on: email@example.com
- Online Disuptes Resulution (ODR) platform: http://ec.europa.eu/consumers/odr/
Attachments to Terms and Conditions
1. Information about how to use your right to withdraw from the agreement – instruction of withdrawal
The right to withdraw
1) You have the right to withdraw from the Agreement within 14 days without giving any reason.
2) The abovementioned period shall expire 14 days after:
a) you or the third party different than deliverer and a person you appointed came into possession of the product;
b) you or the third party different than deliverer and a person you appointed came into possession of the last item of all purchased products;
c) you or the third party different than deliverer and a person you appointed came into possession of the last batch or part;
d) you or the third party different than deliverer and a person you appointed came into possession of the first item of all purchased products.
1) If you want to use your right to withdraw from the agreement, you shall inform a person responsible for execution, i.e.:
Karolina Rostek, Świętojańska 69/3,81-389 Gdynia, Poland firstname.lastname@example.org ,
about your decision to withdraw from the agreement through clear statement.
(We would like to inform that such a statement can be sent by post, fax or email).
2) You shall use a sample form of withdrawal, yet it is not obligatory.
You shall also fill in and send such a form or any other clear statement via email on our website (https://www.wearcaroline.com/pl/). Should you use this possibility, we will immediately send you confirmation of receiving your statement (using durable medium, e.g. electronic mail).
3) In order to meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
6 Results of withdrawal
In the case of withdrawal from the agreement, we will return all the costs (including delivery costs, but excluding additional costs due to Client’s choice of a different delivery option than the cheapest available in the Shop) not later than 14 days after we were informed about your decision. We return the costs using the same payment method that was used by the Client in his original transaction. The method can be changed if you want to and give your clear approval. In each case, you shall not bear additional costs connected with your return.
We can withhold with giving refund until we get the item back or until we receive any proof of sending it back depending on which of those two actions happens first.
We would like you to return the item to us immediately, yet not later than 14 days after informing us about your withdrawal. The deadline shall be met if the Consumer sends the item back before the period of 14 days has expired.
You shall bear the direct costs of returning – the maximum cost shall be estimated around 20 PLN.
You shall be responsible only for lowering the value of products resulting from using it for different purposes than necessary and as an effect, it is impossible to determine their original features and functionality.
We inform you that this form shall be filled in and sent back if you want to withdraw from the agreement. Using it is optional.
Caro Line Karolina Rostek
e-mail – email@example.com, phone: 502 714 237
I / We (*) hereby inform you about my/our withdrawal from: the sales agreement of the following items (*) / delivery agreement of the following items(*) / contract of commission concerning the following items(*) / contract of commission concerning making the following items(*) / providing the following service(*)
Contract date(*) / Date of receipt(*)
Name and surname of the Consumer(s)
Address of the Consumer(s)
Signature of the Consumer(s) (only for the paper version of this form)
(*)Delete as appropriate.
Clauses – personal data:
- Clause informing about processing of personal data
- Clause of consent
- Clause of consent to process personal data for marketing purposes
- Clause of consent to receive press releases/newsletter