Terms and Conditions of Online Store www.fancyfashion.pl
Of 21st September
I. Definitions provided by the Terms and Conditions:
1. The Customer - natural person, legal person or organizational entity without legal personality having legal capacity in accordance with special provisions; which purchases products from the Store;
2. The Polish Civil Code - the act of 23 April 1964 (Dz. U. Nr. 16, poz.93 ze zm.); [Journal of Laws, No.16, item 93 as amended];
3. Terms and Conditions- the present Terms and Conditions of rendering services by electronic mail at the www.fancyshop.pl
4. Online store (Store) - a website available at www.fancyshop.pl by means of which the Customer may in particular place Orders.
5. Merchandise - products offered at the Online Store;
6. Sale Contract - a Merchandise sale contract within the meaning of the Polish Civil Code; concluded between ADAM ŚPIEWAK company and The Customer by means of the Online Store;
7. The Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Polish Civil Code (Dz. U. Nr. 141, poz. 1176 ze zm.); [Journal of Laws, No.141, item 1176 as amended];
8. The Act on Rendering Electronic Services – the Act of 18 July 2002 on Rendering Electronic Services (Dz. U. Nr. 144, poz. 1204 ze zm.); [Journal of Laws, No.144, item 1204 as amended];
9. The Order – a declaration of will by the Customer aiming directly at the conclusion of a Sale contract, stipulating in particular a type and the number of items of the Merchandise.
10. ADAM ŚPIEWAK(company)- The economic entity running the Online Store WWW.FANCYFASHION,PL, registered as ADAM ŚPIEWAK in the Central Register and Information on Economic Activity (CEIDG) operated by the Ministry of Economic Development of the Republic of Poland.
II. General provisions
2.1. The Terms and Conditions shall specify the principles of purchasing at the Online Store available at www.fancyfashion.pl
2.2 .The Terms and Conditions shall be the terms and conditions referred to in Art. 8 of the Act on Rendering Electronic Services.
2.3. The Online Store at www.fancyfashion.pl shall be run by ADAM ŚPIEWAK company, UL.CENTRALNA 142, 95-030 STAROWA GÓRA, VAT Reg. Number [NIP]:728-279-22-62.
2.4. The Terms and Conditions shall specify in particular:a.) the principles of registration and using the account at the Online Store; b.) terms and conditions and principles of online reservation of products available at the Online Store; c.) terms and conditions and principles of placing orders by means of electronic mail at the Online Store; d.) the principles of concluding Sale contracts by means of services rendered at the Online Store.
2.5. Purchasing at the Online Store shall be possible where the IT system of the Customer meets the following minimum technical requirements: a.) the 5 Internet Explorer version or updated or b.) other web browser, for instance: Google Chrome, Mozilla Firefox etc. c.) minimum screen resolution 480 x 320 pixels.
2.6. The Customer should have access to the computer or the terminal connected to the Internet to purchase at the Online Store.
2.7. ADAM ŚPIEWAK company shall reserve its right to limit the Customer’s access to the resources of the Online Store for customers over 18 years old as contradictory to the provisions of law; in that case the potential Customer shall be informed thereon.
2.8. Customers shall have access to the present Terms and Conditions at any times via link available at the homepage of the website www.fancyfashion.pl ; be able to download it and prepare a printed version.
2.9. Information on the Merchandise at the Store websites, in particular their descriptions, technical and operational parameters, and the prices shall be regarded as an invitation to conclude a contract within the meaning of Art. 71 of the Polish Civil Code.
III.Principles of purchasing at the Online Store
3.1. Using service of the Online Store is available after the registration.
3.2. The registration is followed by filling in and accepting the registration form available at one of the websites of the Store.
3.3. The condition of the registration is the acceptance of The Terms and Conditions and provide personal data marked as mandatory.
3.4. ADAM ŚPIEWAK company shall reserve its right to terminate the Customer’s rights to purchase at the Online Store, and may limit the Customer’s access to the resources of the Online Store partially or entirely, with immediate effect where the Terms and Conditions have been breached, and in particular where the Customer:
a) has provided the data untrue, inexact, or outdated in the course of registrating at the Online Store which misrepresented or violated the third parties’ rights
b) has infringed via the Online Store the personal interests of third parties, in particular the personal interests of other Customers of the Online Store
c) shall engage in conduct to be regarded by ADAM ŚPIEWAK company as contradictory to the provisions of law in effect or to the general principles of using the Internet, or libellous to ADAM ŚPIEWAK company
3.5. The person whose rights to purchase at the Online Store have been terminated may not register again without prior consent by ADAM ŚPIEWAK company.
3.6. For the messages and data to be protected regarding the website services rendered, the Online Store shall adopt technical and organizational measures adequate to the protection of the services rendered, in particular measures to prevent the personal data transferred on the Internet from being captured and altered, modified, or amended by unauthorized persons.
3.7. The Customer shall be obliged in particular:
a.) not to deliver and transfer contents banned by the provisions of law, ie. violent contents, libellous contents, or contents violating the personal interests and other rights of the third parties; b.) to purchase at the Online Store in a manner that does not disrupt its running, in particular by means of specific software or devices; c.) not to take action such as circulating or placing unordered commercial information (spam) at the Online Store; d.) to purchase at the Online Store in a friendly manner to other customers and to ADAM ŚPIEWAK company; e.) to read any and all contents provided at the Online Store solely and exclusively for the private use; f.) to purchase at the Online Store in accordance with the provisions of law in effect within the Republic of Poland, the provisions of the Terms and Conditions, and general principles of using the Internet.
IV. Procedure for concluding the Sale Contract
4.1. For the Sale Contract via the Online Store to be concluded, the Customer should visit www.fancyfashion.pl, select a type of merchandise, its color, size and quantity; and undertake subsequent technical activities following the messages displayed and information available at the website.
4.2. The choice of ordered merchandise is placed by selecting a command ‘Add to Cart'.
4.3. In the course of placing an Order until pressing the ‘Order’ button, the Customer may modify, amend, or alter the data entered and select a new type of Merchandise. For this purpose, the Customer should follow the messages displayed and information available at the website.
4.4. Upon all relevant data has been provided by the Customer, the details of the Order shall be displayed containing the following information:a.) item ordered, b.) unit and total price of the products or services ordered, including but not limited to delivery costs and other additional costs if any, c.) method of payment selected, d.) manner of delivery selected, e.) delivery time.
4.5. For the Order to be dispatched, the Terms and Conditions should be read, acknowledged, and accepted, the personal data marked as obligatory should be given, and the ‘Place The Order’ button should be pressed.
4.6. Placing an Order by the Customer shall constitute a declaration of will to conclude a Sale contract with ADAM ŚPIEWAK company, pursuant to the contents of the Terms and Conditions.
4.7. Upon the Order has been placed, the Customer shall receive an electronic mail entitled: ‘We received your order’ including the final confirmation of any relevant elements of the Order.
4.8. The Contract shall be regarded to be concluded as the Customer has received the electronic mail referred to as above.
4.9. The Sale contract shall be concluded in Polish, with its contents in conformity with the Terms and Conditions.
5.1. The Merchandise Delivery shall be made within the territory of the EU states to the address indicated by the Customer in the course of placing an Order.
5.2. Delivery information - https://fancyfashion.pl/gb/content/1-wysylka .
5.3. The execution of the order at the Online Store shall take up to 1-2 working days, commencing from the placing the Order by the Customer- in case of cash on delivery. The execution of the order paid in advance shall take up 1-4 working days commencing from when payment has been credited to our account.
5.4. Customers shall have access to the present Terms and Conditions at any times via link available at the homepage of the website www.fancyfashion.pl ; be able to download it and prepare a printed version. The retention, protection, availability, and confirmation of relevant provisions of the Merchandise Sale Contract shall be made by sending to the Customer at the electronic mail address given and by enclosing with the Merchandise parcel the following data: confirmation receipt, specification of the Order, a receipt for the natural persons and a VAT invoice for the business entities.
5.5. The Store shall be obliged to deliver the Customers products free from defects.
VI. Prices and methods of payment
6.1. The prices of the Merchandise shall be given in PLN;
6.2. The Customer may make a payment:
a.) by transfer into the following bank account: 59 2490 0005 0000 4530 9871 9218,
b.) in cash to the courier (so-called cash on delivery)
VII. The Right of withdrawal from The Sale Contract
7.1 You have the right to withdraw from this contract within 14 days without giving any reason.
7.2 The Consumer has the Right of withdrawal from this contract within the deadline of 14 days, commencing from the day of the merchandise reception by the Consumer; or from the day of the merchandise reception by the third parties appointed by the Consumer; different than the carrier.
7.3 To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement sent to email address email@example.com
7.4 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.
Effects of withdrawal
7.5 If you withdraw from this contract, we shall reimburse to you value of the products without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
7.6 We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
7.7 ADAM ŚPIEWAK shall not reimburse costs of returning/exchanging goods by post to the Customer.
7.8 Please send back the purchased Merchandise to the address: Adam Śpiewak, ul. Centralna 142, 95-030 Starowa Góra without undue delay and in any event not later than 14 days from the day on which The Store is informed of the consumer’s decision to withdraw from the contract. The deadline is met if you send back the goods before the period of 14 days has expired.
7.9 ADAM ŚPIEWAK company shall reserve its right to reject returns/exchanges of clothing without original tags or with evidence of having been used
7.10 ADAM ŚPIEWAK company shall not accept returns of clothing sent via cash on delivery.
7.11 In case of returns e.g. by means of the post, the consumer will have to bear the cost of returning the goods
7.12 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7.13 We may withhold the reimbursement until we have received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
8.1 ADAM ŚPIEWAK company as the Seller shall be responsible to the Customer being a Consumer within the meaning of Art. 22 of the Polish Civil Code for incompatibility between the Sale Contract and the Merchandise purchased by the Consumer within the scope specified by the Act on the Specific Terms and Conditions of Consumer Sale.
8.2 Any and all complaints arising of the violation of the Customer’s rights guaranteed by law or under the Terms and Conditions should be addressed at firstname.lastname@example.org.
8.3 ADAM ŚPIEWAK company shall be obliged to examine any complaint within 14 days; otherwise the Customer has been notified of the deadline for examining the complaint.
IX. Final provisions
1. The present Terms and Conditions is applicable from 21.09.2016
2.The service provider may amend the provisions of Terms and Conditions at any time, and the amendment shall be available at the website of the Store. The amendments of Terms and Conditions shall be applicable within 14 days from the date of the modification.
3.The Customer shall be informed about the amendments to Terms and Conditions after first logging in after the modification; and about possibility to agree or disagree to modified Terms and Conditions. If the Customer disagree to modified Terms and Conditions, it shall involve deleting of the account of The Customer.
4. The modification of Terms and Condition shall not affect rights of The customer resulting from the Orders before the modification (Terms and Conditions from the time of the Order binding upon the parties)
5.The present Terms and Conditions shall be available at www.fancyfashion.pl
6. In matters not regulated by the Terms and Conditions, the provisions of the Polish Civil Code and The Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827); [Dz.U.2014 poz.827] shall apply.
7. Any disputes resulting from provisions of services via the Online Store shall be settled by a common court of general jurisdiction.