I. Introduction. General information.
Retailer, Producer – refers to the Sylwia Romaniuk Ltd. with its registered office in Warsaw, Al. Ujazdowskie 41, 00-540 Warsaw. The company had been registered by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register in the Register of Entrepreneurs. The Register number is KRS 0000631044 and the initial capital was 5,000 PLN.
Customer – refers to a living person with at least a limited ability to undertake a legal actions, over 18 years old. It also refers to a legal entity or an organizational unit with no legal personality.
Consumer– refers to the living person acting with the entrepreneur with no relation to its business or professional acts.
Website – refers to the Sylwia Romaniuk Website managed by the Producer. Available at: www.sylwiaromaniuk.com.
Stock(s), Product(s) – refers to pieces of clothing and accessories manufactured and distributed by the Retailer.
Supplier – refers to the entity which provides courier services and cooperates with the Retailer.
Shipping cost, Postage cost, Delivery cost – refers to the total cost of delivering the Product ordered by the Customer to the location specified by the Customer.
- The goal of the presentation of Products on the Website is showcasing the Retailer’s Products and is not considered an offer accordingly with the Art. 661of the Civil Code.
- Customers must not send any content, which can be considered unlawful or violating the rules of social interactions.
II. Registration and Conditions for placing Orders
- The Customer can submit an Order by sending an e-mail to email@example.com, or by sending a Private Message on the Facebook social platform.
- Data required for issuing a VAT invoice can be provided by the Customer during submitting an Order if such an invoice is required by the Customer.
III. Finalizing Orders
- Submitting an Order through an e-mail or a Facebook Private Message by the Customer is synonymous with concluding a Product Sale Agreement.
- Payment of the Product Price and the Shipment costs can be done via a bank account transfer to the account indicated below or indicated by the Producer in the exchange of messages confirming the acceptance of the Order.
- The time of finalizing Order is counted from the moment the Retailer’s bank account receives the payment.
- The Retailer reserves the right for further verification of Customer’s personal data e.g. via a phone call or via email.
- The Product ordered by the Customer is delivered to the Customer by the Retailer along with a sale document – a receipt or a VAT invoice issued according to Customers request. The VAT invoice will be issued providing the details have been filled out correctly while submitting the Order.
IV. Principles of payments.
- When paying via a bank transfer or a payment onto the Retailer’s bank account the Customer needs to provide following information in the transfer title:
- Customer’s name and surname
- The number of the Order
- The Price agreed upon with the Retailer needs to be transferred onto the following bank account of the Sylwia Romaniuk Ltd. company, located in Warsaw:
Account number: 33 1090 1870 0000 0001 3364 1755
Sylwia Romaniuk Sp.z o.o.
Al. Ujazdowskie 41
V. Delivering the ordered Product
- The Retailer will use the courier delivery to ship the ordered Product(s).
- The current cost of delivering the Product will be provided by the Retailer in the message confirming the acceptance of the Order.
- The Retailer is not responsible for any delays in delivering the Product, which are not the fault of the Retailer, unless such responsibility is outlined by the law.
- All deliveries are controlled by the Retailer and packed with a special foil containing Retailer’s logo. In case the Customer receives a delivery and the foil is damaged (by probable intervention of third-party) the Customer should refuse to accept such delivery and inform the Retailer about the fact immediately.
VI. Withdrawing from the Product Sale Agreement. Exchanging the bought Product
- Being a Consumer, the Customer entering a distance agreement has a right to withdraw from such an agreement without stating a reason for up to 14 days from the date of receiving the Product. In such case the Customer must immediately return the Product in an unaltered state. The right to withdraw from the Product Sale Agreement does not comply to the Customers who placed an order for a non-prefabricated, custom-made Product serving to fulfill Customer’s individualized needs or measurements.
- The above Product return requirements do not violate or limit Customer’s right to claim for a refund accordingly with the law. The above requirements relating to the Customers need to be interpreted accordingly with the current law regulations every time.
- In case of withdrawal from the Product Sale Agreement as specified in point VI. 1., both the Retailer and the Customer are obliged to return everything they received from the other party on the basis of the agreement.
- The Customer bears a responsibility for any activities which might lower the value of the Product. These are the activities which assume using the Product in a way that is not defined by Product’s character, functionality and features.
- Upon Retailer’s agreement the Customer can replace the Product or exchange it to another Product in 14 days from the date of receiving it.
- In a case of exchanging the Product, the Product’s Price will be counted towards the Price of the new Product. Any differences in Price between the exchanged and new Product will have to be either paid by the Customer or returned to Customer’s bank account by the Retailer.
- In case the Customer withdrew from the Product Sale Agreement the cost of returning the Product to the Retailer has to be covered by the Customer.
- The Retailer is responsible for delivering a flawless product to the Customer. The Retailer is responsible towards the Consumer in case the Product is flawed physically or legally (warranty). The Consumer has a warranty to have the flaw removed, the Product exchanged for a flawless one, the Price lowered or to withdraw from the Product Sale Agreement.
- The right to complaint is applicable to Consumers only. The warranty is not applicable to any agreements between a Customer (but not a Consumer) and the Retailer.
- Complaint has to be submitted using the mailing address or an email address as provided in the Returns & Exchanges section. To improve the complaint procedure, the said Product should be returned along with a proof of sale and a complaint application. The Consumer-Customer who wants to be assisted with a complaint procedure can refer to a town or a district consumer attorney.
- In the complaint form, the Customer should provide contact information e.g. telephone number or an email address.
- The Retailer processes a complaint for no longer than 14 days.
- Depending on a way in which the complaint had been submitted by the Customer, the information on processing the complaint will be provided by the Retailer to the Customer via conventional mail or via electronic mail.
VIII. Retailer’s responsibility
- In relation to the Customers who are not Consumers and with a stipulation of the current law regulations, the responsibility of the Retailer is limited to the losses and does not cover any lost benefits. It also cannot surpass the Price of the Product purchased by the Customer.
IX. Protection of Personal Data
- Personal Data provided by the Customer are processed by the Retailer. By the personal data protection Act from Aug. 29, 1997 (Journal of Laws no. 133, position 883 with further adjustments), the Retailer is the Personal Data Administrator.
- The scope and goals of processed personal data are determined by the range of agreements and personal data provided (particularly the personal data coming from filled forms). Processing of personal data might concern the following: email address, home address, name and surname, telephone number, IP address.
- Personal data are processed in order to:
- Comply with the law regulations.
- Allow the Retailer for marketing activities in terms of promotion and sales.
- Providing personal data and agreeing for its processing is voluntary. However, with no agreement on processing the personal data marked as obligatory, the Retailer will not be able to realize the services and finalize a Product Sale Agreement.
- The consents to have one’s personal data processed can be withdrawn at any time by the Customer. This can be done by sending request to either the Retailer’s email address or the Retailer’s physical address as provided in these Terms of Service.
- In cases mentioned in bill 3, letter a, an authorization to process data necessary for legally approved activities is the legal basis for processing personal data. In cases mentioned in bill 3, letters b and c, such basis is an agreed authorization to process personal data, when it is necessary to fulfill legally justified goals realized by the either Personal Data Administrator or the entities who receive the personal data. It also requires Customer’s consent.
- Personal data are made available only for the purpose of finalizing the Order and online services provider agreements (to the shipping company and a bookkeeping company collaborating with the Retailer). The personal data gathered by the Retailer can also be shared with:
- State organs upon their request with and in accordance with the existing law.
- Other persons or entities – in cases specified by law.
- Making Customer’s personal data available to entities who, according to this Terms of Service, are not authorized, can be done only after prior consent of the Customer to whom the data belongs.
- Customers have the right to control processing of their personal data contained in the data bases. This right particularly applies to:
- Customer’s access to personal data in order to correct or complete them. This has to be preceded with a request sent to the Retailer.
- A demand to have one’s personal data processing halted temporarily or permanently. This should be done in case the personal data are incomplete, inaccurate, false, were collected with a violation of law or are no longer needed for the purpose they were collected for.
- An objection to have one’s personal data processed. This applies to cases specified by the law. The Customer has a right to demand erasure of their personal data if they become unnecessary for finalizing an purpose they were collected for.
- The Website may store some http questions. Because of that some information might be saved in the log files of the server. These might include: the IP address of the computer from which the question had been sent, the name of Customer’s station (http identification), date and time of Customer’s registration in the system, date and time of receiving the question, the number of bytes sent by the server, the URL address of a website visited by the Customer prior to visiting the Website (only in cases the Customer entered the Website via an embedded link), information on Customer’s web browser, information on any mistakes, which occurred during a http transaction.
- Server logs may be collected as a basis for proper management of the Website. Only persons authorized to manage the IT system have access to these information.
- Log files may be analysed in order to create statistics of the server flow as well as any mistakes. Customers are not identified in the process of creating such information.
X. Final statements
- Any materials available at the Website, including elements of graphics, composition of these elements, trademarks and others are exclusive to the Retailer and are covered by copyright and industrial property right protection. All use of the materials belonging to the Website in any form requires Retailer’s prior written consent every time.
- In case of any conflict with the Retailer, the Customer has the right to refer to a consumer arbitration court, which operates by the Trading Standards Association (Inspekcja Handlowa), in order to settle the conflict originating from a Product Sale Agreement, which both the Customer and the Retailer entered. The Customer-Consumer can also request mediation services or settling the conflict in another arbitration court (which is, to use alternative ways of settling the conflicts). In such situation, the Customer needs to provide the Retailer with either a mediation application or an application requesting settling the conflict in an arbitrary court. If the cause of the conflict is a Product’s flaw, using the services of the consumer court is only possible after finishing the complaint procedure with the Retailer. Organs conducting such procedures as well as websites of these organs have the details on an availability of the aforementioned procedures. In other cases, the proper court for settling a particular conflict needs to be determined with reference to the act from Nov. 17, 1964 – the Code of Civil Procedure (Journal of Laws from 2014, position 101 with adjustments). Any conflicts between the Retailer and the Customer (who is not a Consumer) need to be settled in a court determined by the Retailer’s location.