The terms and conditions of the UNDULA clothing web shop
§ 1. General provisions
1. These terms and conditions, hereinafter referred to as “ the Terms and Conditions”, specify the rules of using the online shop located at the URL https://undula.eu hereinafter referred to as “the Shop”.
2. The owener of the shop is Halcband Jan Czernikiewicz with its registered office at Chlodna str 2/18/18, Warsaw 00-891, Poland. Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, under KRS number 381595759, holding Tax Identification Number (NIP) 521-27-81-453, hereinafter referred to as the “Administrator”.
The e-mail address is email@example.com
The mailing address, address for complaints and returns: Purda 130 E, 11-030 Purda, Poland
3. Making purchases in the Shop requires from the Customer to have an active and efficient e-mail account.
Types and scope of the Shop’s activity
1. The Shop’s activity consists of distance selling of clothing and accessories via the Internet.
2. All offered items are new and were manufactured by UNDULA clothing in Poland.
§ 3.Purchasing rules
1. The information provided on the Store's website, including information about the products presented, in particular their descriptions, technical and operational parameters as well as prices, constitute an invitation to conclude a contract within the meaning of art. 71 of the Act of 23 April 1964 - Civil Code (Journal of Laws of 1964, No. 16, item 93 as amended; hereinafter: "Civil Code").
2. The Customer places the order after having read the information specified in the Store Regulations and the information specified in paragraph 2, which will be displayed in electronic form at the last stage of completing the electronic form preceding the expression of the will to conclude a contract by clicking the "Order with payment obligation" button. After reading the collected information specified for a given Customer's order, the Customer is ready to be bound by the contract by pressing the "Order with obligation to pay" button.
3. All prices given on the Store's websites depend on the option chosen in PLN or EUR and include VAT. The price displayed in the basket summary before placing the order includes shipping costs according to the option chosen by the customer.
4. The store is obliged to deliver the goods without defects.
5. The order is considered accepted for execution when the Store confirms that the order placed by the Customer has been accepted. For confirmation of order acceptance, it is sent automatically after placing the order by the Customer;
6. The Store may suspend the acceptance of an order in case of doubts as to the veracity or reliability of the data indicated by the Customer in the registration form. In this case, the Store will immediately contact the Customer in order to clarify any doubts that the Store may have;
7 In the event of unavailability of certain products covered by the order, the Customer shall be immediately informed. The customer decides whether the order is to be partially or completely canceled.
8. The Customer and Store are bound by the Product price from the moment the order is placed.
9. The Store accepts the following payment methods:
a. bank transfer;
b. Electronic payment systems via PayPal.
c. Settlements of transactions by credit card and e-transfer are carried out via Dotpay.pl
10. The payment deadline is 3 days from the date the Customer receives the confirmation of the order being accepted by the Store.
11. The contract is considered concluded upon confirmation of the order, i.e. simultaneously with the payment by the Customer after receiving confirmation of the order.
12. Ordered goods are shipped within 3-7 business days after payment authorization.
13. Shipments are sent via DPD courier or Poczta Polska.
14. If the goods are to be sent by the Store to the Customer who is a consumer, the risk of accidental loss or damage to the goods passes to the Customer upon delivery to the Customer. Entrusting the goods to the Store to the carrier is considered as delivery of the goods if the Store did not affect the choice of the carrier by the buyer.
15. A confirmation of purchase is sent with the product. A VAT invoice is issued on client's request. The customer is required to provide full data necessary for the correct issue of a VAT invoice
§ 4 Complaints
1. In the case of a defect in the goods purchased from the Shop, the Customer has the right to complain on the basis of warranty regulations in the Civil Code.
2. A complaint should be submitted in writing or by e-mail - firstname.lastname@example.org. Making a complaint, the Customer shall state his or her own:
a. name and surname;
c. subject and cause of the complaint;
d. contact details.
3. The Shop shall respond to the complaint request immediately, no later than within 14 days, and if it is not done within this period, it shall be deemed that the Customer's request has been deemed justified.
4. Goods returned under the complaint procedure should be sent to the mail address: Purda 130 E, 11-030 Purda .
§ 6. Returns
1. Pursuant to the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827) the Customer who is a consumer has the right to withdraw from the contract in writing without giving any reason within fourteen days from the date of delivery of the goods, i. e., from the moment when the Customer came into possession of the goods or a third party indicated by the Customer, other than the carrier, came into possession of the goods. For the 14-day time limit referred to in paragraph 1 to be observed, it is sufficient to send a declaration of withdrawal before its expiry.
2. The right to withdraw from the contract is not vested in the Customer who has ordered an unprefabricated item, manufactured according to the Consumer's specifications or used to satisfy his individual needs.
3. In case of withdrawal from the contract, the customer is obliged to return the goods to the address: Purda 130 E, 11-030 Purda. The return should take place immediately, but no later than 14 days from the date on which the Customer withdrew from the contract, unless the Shop has offered to collect the item himself. Returned goods should be packed in such a way that they cannot be damaged during transport.
4. In case the Customer exercises the right referred to in paragraph 1, the direct cost of returning the goods shall be borne by the Customer.
- In the event of withdrawal from the contract, the Customer shall be reimbursed all payments received from him/her, including the costs of delivering the goods to the Customer, no later than 14 days from the date on which the Shop actually received the returned goods.
- In matters not regulated by these Terms and Conditions, the provisions of the Polish law shall apply, including in particular Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827) and the Civil Code.
7. In matters not regulated by these Terms and Conditions, the provisions of the Polish law shall apply, including in particular Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827) and the Civil Code.
8. Information on the possibility of using out-of-court complaint and redress procedures by the Customer who is a consumer and the rules of access to these procedures are available in the offices and on the websites of poviat (city) consumer advocates, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and the following Internet addresses of the Office of Competition and Consumer Protection:
9. A Customer who is a consumer has, among others, the following options for out-of-court complaint and redress handling:
a. Permanent amicable consumer court acting at the Trade Inspectorate - the possibility to request the resolution of a dispute arising from the concluded sales contract;
b. Voivodship Inspector of the Trade Inspection - the possibility to request the initiation of a mediation proceeding in case of a the dispute between the Customer and the Shop;