Regulations of the online store
These Regulations govern the operation of the online store located at www.gofashiondesigner.com
§1. General provisions.
1. Definitions of phrases and terms used in these Regulations:
a) Personal Data Administrator - Grażyna Osiecka-Jaśkiewicz
b) Postal address - name and surname or name of the institution, location in the city (int in the case of a town divided into streets: street, building number, number an apartment or a flat; in the case of a town not divided into streets: city name and property number), postal code and city; c
c) Complaint address - Grażyna Osiecka-Jaśkiewicz, ul. Szczesliwicka 68/5, 02-353 Warsaw.
d) Delivery price list - found on the website www.gofashiondesigner.com a list of available types of product delivery and their costs;
e) Contact details - e-mail: firstname.lastname@example.org
f) Personal data - any information relating to an identified or possible identifying a natural person. Information is not considered permitting determining the identity of the person if it would require excessive costs, time or activities;
g) Sensitive data - personal data containing information about racial or ethnic origin, political views, religious or philosophical beliefs, religious, party or union affiliation, as well as data on health condition, genetic code, addictions, sex life, convictions, judgments on punishment and fines, as well as other judgments issued in court or administrative proceedings;
h) Delivery - type of transport service with specification of the carrier and cost listed in the delivery price list on the website www.gofashiondesigner.com
i) Proof of purchase - invoice, bill or receipt issued in accordance with the Tax Act goods and services of March 11, 2004 (Journal of Laws of 2004, No. 54, item 535, with late d.) and other applicable laws ;
j) Product card - a single subpage of the store containing information about a single one the product;
k) Client - an adult natural person with full capacity to act legal entities, a legal person or an organizational unit without legal personality and having the capacity to perform acts in law from the Seller a purchase directly related to its business business or professional;
l) Civil Code - the Civil Code Act of April 23, 1964 (Journal of Laws of 2018, item 1025 as amended);
m) Code of good practice - a set of rules of conduct, and w in particular, the ethical and professional standards referred to in Art. 2 points 5 Act on Counteracting Unfair Market Practices of 23 August 2007 (Journal of Laws of 2017, item 2070, as amended);
n) Consumer - an adult natural person with full legal capacity, making a purchase from the Seller not directly related to its business or professional activity;
o) Cart - a list of products made from those offered in the store products based on the Buyer's choices;
p) Buyer - both the Consumer and the Customer;
q) Place of issue of items - postal address or collection point indicated in the order by the Buyer;
r) The moment of delivery of the item - the moment when the Buyer or indicated by him for collection, a third party will take possession of a specific thing;
s) ODR internet platform - EU website operating under the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 2013 on the online system consumer dispute resolution and amending Regulation (EC) no 2006/2004 and Directive 2009/22 / EC and available at https://webgate.ec.europa.eu/odr
t) Payment - method of payment for the subject of the contract i delivery listed on www.gofashiondesigner.com
u) Entity entitled - an entity entitled to out-of-court resolution of consumer disputes within the meaning of the Out-of-Court Act resolving consumer disputes of September 23, 2016 (Journal of Laws 2016, item 1823 as amended d.);
w) Consumer Law - the Act on consumer rights of 30 May 2014 (Journal of Laws of 2017, item 683 as amended);
x) Product - the minimum and indivisible number of things that can be subject of the order, and which is given in the Seller's store as unit of measure in determining its price (price / unit)
y) Subject of the contract - products and delivery being the subject of the contract;
z) Subject of the service - subject of the contract;
aa) Collection point - place of issue of goods other than an address by post, listed in the list provided by the Seller in shop;
bb) Register of UOKiK - register of authorized entities kept by the Office of Competition and Consumer Protection pursuant to the Act on out-of-court settlement of consumer disputes of September 23, 2016 of the year, available at: https://uokik.gov.pl/rerezent_podmiot_uprawNYCH.php
cc) GDPR - Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons in in connection with the processing of personal data and on free movement such data and repealing Directive 95/46 / EC
dd) Thing - a movable item that may be or is the subject of the contract;
ee) Store - the website available at www.gofashiondesigner.com , through which the Buyer may place an order;
ff) Seller - Grażyna Osiecka-Jaśkiewicz, GoFashionDesigner, NIP 812 126 70 25, ul. Szczesliwicka 68/5, 02-353 Warsaw
gg) System - a set of devices cooperating with each other IT and software, providing processing and storing as well as sending and receiving data via networks telecommunications by means of a device appropriate for a given type of network final, commonly referred to as the Internet;
hh) Completion date - the number of hours or hours specified on the product card working days during which the ordered product will be sent to the Customer
ii) Agreement - an agreement concluded outside the business premises or at distance within the meaning of the Act on consumer rights of May 30, 2014 (in the case of Consumers) and a sales contract within the meaning of art. 535 of the Act Civil Code of April 23, 1964 (in the case of Buyers);
jj) Defect - both a physical defect and a legal defect;
kk) Physical defect - non-compliance of the item sold with the contract, and in especially if the item:
¾ has no properties that a thing of this kind should have due to the purpose specified in the contract or resulting from circumstances or destination;
¾ does not have properties that the Seller has provided to the Consumer,
¾ is not suitable for the purpose for which the Consumer informed the Seller when concluding the contract, and the Seller did not raise any objections to this its destiny;
¾ was delivered to the Consumer incomplete;
¾ in the event of incorrect installation and commissioning, if any actions these were made by the Seller or a third party for whom The Seller is liable either by the Consumer who acted according to the instructions received from the Seller;
¾ it does not have the properties stated by the manufacturer or his representative or person who places the item on the market within his scope business and a person by putting on things sold its name, trademark or other sign distinctive is presented as the manufacturer, unless the Seller He did not know these assurances, nor, judging judiciously, could not know or not they could have an impact on the consumer's decision to conclude the contract, or when theirs the content was corrected prior to the conclusion of the contract.
ll) Legal defect - a situation where the sold item is property a third party or is encumbered with the right of a third party, and if the restriction on the use or disposal of the thing results from the decision or decisions of the competent authority.
mm) Order - Buyer's declaration of will submitted for through the store clearly specifying: the type and quantity of products; type of delivery; payment method; place of delivery of the item, Buyer's data a directly aimed at concluding an agreement between the Buyer and Sellers.
nn) The buyer has the right to any negotiations before placing the order provisions of the contract with the Seller, including those changing the provisions of the following regulations. These negotiations should be conducted in a form in writing and sent to the address of the Seller Grażyna Osiecka-Jaśkiewicz, NIP 812 126 70 25, ul. Szczesliwicka 68/5, 02-353 Warsaw ;
2. If the Buyer resigns from the possibility of concluding a contract through individual negotiations, the following regulations apply and applicable law.
§2. General conditions.
1. The contract is concluded in Polish, in accordance with Polish law and these regulations.
2. The shop's website will be available in Polish and English.
3. The place of handing over the item must be within the territory of the European Union European.
4. The Seller is obliged and undertakes to provide services and deliver items free from defects.
5. All prices quoted by the Seller are in Polish currency and are gross prices. Product prices do not include the cost of delivery, which is specified in the delivery price list.
6. All terms are calculated in accordance with Art. 111 of the Civil Code, i.e. a period marked in days ends with the end of the last day, and if the beginning of the term marked in days is some event, no shall be taken into account when calculating the date on which the event occurs has occurred.
7. Confirmation, sharing, recording, securing all relevant provisions of the contract to access this information in the future takes the form of:
a) order confirmation by sending to the indicated e-mail address: orders, pro forma invoices, information on the right to withdraw from the contract, of these regulations in a pdf version, a model withdrawal form in pdf version, links for self-download of the regulations and template withdraw from the contract;
b) joining the completed order, sent to the indicated place issue of printed items: proof of purchase, information about the law withdrawal from the contract, these regulations, withdrawal form template from the contract.
8. The Seller informs about the guarantees granted by persons known to him the third for products in the store.
9. The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer will bear it costs in the amount resulting from the contract concluded with a third party providing him with a specific service enabling communication on distance.
10. The Seller ensures correctness to the Buyer using the system store operation in the most popular web browsers.
11. The buyer may use the option of saving his data by the store in to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his accounts. The login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and protect them against unauthorized persons access by third parties. The buyer has the opportunity to view at any time, correcting, updating data and deleting the account in the store.
12. The Seller complies with the code of good practice.
13. The Buyer is obliged to:
a) not to provide or transmit any content prohibited by law laws, such as violent, defamatory or infringing content personal rights and other rights of third parties,
b) use the store in a way that does not interfere with its functioning, w in particular through the use of specific software or devices,
c) use the store in a way that is not inconvenient for other Buyers and for the Seller,
d) use any content posted within the store only in personal use,
e) refrain from actions such as sending or framing store unsolicited commercial information (spam),
f) use the store in a manner consistent with the provisions in force at the territory of the Republic of Poland under the provisions of the regulations, a also with the general principles of netiquette.
§3. The process of making purchases on the website.
1. When placing an order, the User is asked to provide data necessary to complete the order.
2. When placing an order, the User is asked to provide it the following data:
a) name and surname or name of the company / institution - necessary to issue sales document and address of the shipment;
b) address (street, house number / or house and apartment number, zip code and city) - necessary to address and send the package;
c) e-mail - necessary for communication related to the implementation of the contract;
d) telephone number - necessary in the case of choosing some delivery methods (required by carriers).
3. In the event that, when placing the order, the Customer selects delivery to a different address than the one indicated when placing the order, is requested additionally to provide:
a) name and surname or name of the company / institution - necessary for correct addressing the package;
b) address (street, house number / or house and apartment number, zip code and city) - necessary to address and send the package;
c) telephone number to the recipient of the shipment - necessary if selected certain delivery methods (required by carriers).
4. In the event that the Customer chooses to issue an order when placing an order a sales document for data other than those indicated when placing the order, is additionally asked to provide:
a) name and surname or name of the company / institution - necessary to issue proof of sale;
b) address (street, house number / or house and apartment number, zip code and city) - necessary to issue a proof of sale;
5. The data provided when placing the order are processed by www.gofashiondesigner.com and the following entities in the following scope:
a) name and surname, address, telephone number, e-mail address indicated as the delivery address are handed over to shipping companies in the form of a label / consignment note which is also an order for delivery of the parcel depending on selected type of shipment will be forwarded to the selected carrier;
b) name and surname, address, tax identification number (NIP) indicated as the data to be entered the issued sales document are transferred in the form of a document sales to the accounting system.
6. In case of using external payment payment system, all data provided after switching to the operator's website payments remain registered only in its database and are not in any way way available or stored by www.gofashiondesigner.com
7. The data is stored for 5 years from the end of the year calendar following the year in which the document was issued sale, in accordance with applicable time regulations storing accounting documents.
§4. Conclusion of the contract and execution of the order.
1. Orders via the website www.gofashiondesigner.com can be placed 24 hours a day.
2. In order to place an order, the Buyer should perform at least the following activities, some of which may be repeated several times:
a) adding a product to the basket;
b) choosing the type of delivery;
c) selecting the type of payment;
d) selection of the place of delivery of the item;
e) placing an order in the store by clicking the "Submit order / Buy ".
3. The conclusion of the contract with the consumer takes place upon placing the order.
4. Fulfillment of the Consumer's order payable by bank transfer or via electronic payment system takes place after the payment is credited to the account The consumer on the Seller's account, which should take place within 7 days from placing an order, unless the Consumer was unable to meet benefits through no fault of his own and informed the Seller about it.
5. The conclusion of the contract with the customer takes place at the moment of accepting the order by The Seller, about which he informs the Customer within 48 hours from placing an order.
6. Fulfillment of the Customer's order paid by bank transfer or via the electronic payment system takes place after the conclusion of the contract and the Customer's payment is credited to the Seller's account.
7. The execution of the Customer's order may depend on the payment being made total contract value.
8. The subject of the contract is sent on the date specified on the card the product, and for orders composed of many products in the longest term from specified on the product cards. The time limit starts running from order fulfillme
9. The purchased subject of the contract is together with the one selected by the Buyer a sales document sent by the type of delivery selected by the Buyer to the place of delivery of the goods indicated by the Buyer in the order, along with the attached attachments referred to in §2 point 6b.
§5. The right to withdraw from the contract.
1. The consumer is entitled, pursuant to art. 27 of the Consumer Law the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in Art. 33, art. 34 of the Consumer Law.
2. The deadline to withdraw from a distance contract is 14 days from the moment of handing over the item, and sending is enough to meet the deadline statements before its expiry.
3. The declaration of withdrawal from the contract may be submitted by the Consumer on the form, the specimen of which is attached as Annex 2 to the Consumer Law, on the form available at www.gofashiondesigner.com the Complaints tab and returns or in any other form consistent with the Consumer Law.
4. The Seller will immediately confirm to the Consumer by e-mail (provided at concluding the contract and other, if given in the submitted statement) receipt of a declaration of withdrawal from the contract.
5. In the event of withdrawal from the contract, the contract is considered void.
6. The consumer is obliged to return the item to the Seller immediately, however no later than 14 days from the date on which he withdrew from the contract. To keep it is enough to return the items before its expiry.
7. The consumer sends back the items that are the subject of the contract from which he withdrawn own expense.
8. The consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium, if he has not agreed to fulfillment services before the deadline to withdraw from the contract or has not been informed about the loss of his right to withdraw from the contract in the time of granting such consent or the entrepreneur did not provide confirmation in accordance with Art. 15 sec. 1 and art. 21 sec. 1. Rights consumer.
9. The consumer is responsible for reducing the value of the item being the subject of the contract and resulting from using it in a manner going beyond what is necessary to establish the nature, characteristics and the functioning of things. For this purpose, the Seller may withhold the return money until you receive the item and determine if the item is returned it has no visible defects reducing its value.
10. The Seller immediately, no later than within 14 days from the date receipt of a declaration of withdrawal from the contract submitted by the Consumer will reimburse the Consumer for all payments made by him, including costs deliver the goods to the Consumer, and if the Consumer has chosen the delivery method other than the cheapest regular delivery method offered by The seller, the seller will not reimburse the consumer for additional costs in accordance with Art. 33 of the Consumer Law.
11. The Seller returns the payment using the same method the payment used by the Consumer, unless the Consumer has expressly agreed for any other payment method that does not involve any costs for him.
12. The Seller may withhold the reimbursement of the payment received from The consumer until the goods are received back or delivered by Proof of its return, depending on which event will come sooner.
13. The consumer, in accordance with Art. 38 of the Consumer Law is not entitled the right to withdraw from a contract in which the subject of the service is an item non-prefabricated, manufactured to the consumer's specification or serving meeting his individual needs;
1. The Seller, pursuant to Art. 558 §1 of the Civil Code completely excludes liability to customers for physical and legal defects (warranty).
2. The Seller is liable to the Consumer on the terms specified in art. 556 and following of the Civil Code (warranty).
3. In the case of a contract with a consumer, if the physical defect remains found within one year from the date of delivery of the item, it is assumed that it existed at the time the danger passed on to the consumer.
4. If the item sold has a defect, the Consumer may submit a declaration of requesting a price reduction or submit a declaration of withdrawal from the contract, unless the Seller promptly and without undue inconvenience to The consumer will replace the defective item with a non-defective one or remove the defect. if however, the item has already been replaced or repaired by the Seller either The seller did not fulfill the obligation to replace the item with one free from defects or remove the defect, he is not entitled to replace the item or remove the defect.
5. The consumer may, instead of the removal proposed by the Seller defects, demand replacement of the item with one free from defects or instead of replacing the item demand the removal of the defect, unless bringing the goods into compliance with the contract in the method chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, with while assessing the excess of costs, the value of the free thing is taken into account from the defects, the type and significance of the defect found, and is also taken into account inconvenience to which the Consumer would otherwise be exposed.
6. If the defect of the item is irrelevant, the Consumer may not withdraw from the contract.
7. If the item sold has a defect, the Consumer may also:
a) demand replacement of the item with one free from defects;
b) demand that the defect be removed.
8. The Seller is obliged to replace the defective item with one free from defects or removal of the defect within a reasonable time without undue inconvenience to Consumer.
9. The Seller has the right to refuse to satisfy the Consumer's request if bringing the defective item into conformity with the contract in a manner chosen by the buyer is impossible either compared to the second possible way compliance with the contract would require excessive costs.
10. The consumer who exercises the rights under the warranty is obliged deliver the defective item at the expense of the Seller to the complaint address, a if, due to the type of item, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available To the seller at the place where the item is located. In case of non-performance obligation by the Seller, the Consumer is entitled to return things at the expense and risk of the Seller.
11. The costs of replacement or repair shall be borne by the Seller, except in the event of a situation described in §5 point 10.
12. The Seller is obliged to accept the defective item from the Consumer if exchange of things for free from defects or withdraw from the contract
13. The Seller within 14 days will respond to the provisions based on Art. 5615 of the Civil Code: statements about a request for a price reduction, replacement requests defect-free items, defect removal requests. The seller within 30 days (Article 7a of the Consumer Law) will address any other Consumer's statements that are not covered by the Civil Code period of 14 days.
14. Otherwise, the Seller is deemed to be justified Consumer's statement or request.
15. The Seller is liable under the warranty if a physical defect remains found before the expiry of two years from the date of delivery of the item to the Consumer.
16. Consumer's claim to remove the defect or replace the item sold for free from defects expires after one year from the date of finding defects, however, not earlier than within two years from the date of issue things to the Consumer.
17. Within the time limits specified in §5 points 15-17, the Consumer may submit declaration of withdrawal from the contract or price reduction due to a defect physical item sold, and if the Consumer demanded that the item be replaced free from defects or defect removal, the deadline for submitting a declaration of withdrawal from the contract or price reduction begins at the moment ineffective expiry of the deadline for replacing the item or removing the defect.
18. In the event of an investigation before a court or an arbitration court of one of the warranty rights, time limit for the exercise of other rights, due to the Consumer in this respect, is suspended until validly terminate the proceedings. Also applies accordingly to mediation proceedings, and the time limit for the exercise of other rights from The consumer is entitled to the warranty, starts to run from the date of refusal by the court approving a settlement concluded before a mediator or ineffective completion of mediation.
19. To exercise the rights under the warranty for legal defects of things sold, §5 points 15-16 shall apply, except that the period begins from the date on which the Consumer learned about the existence of the defect, and if The consumer learned about the existence of the defect only as a result of the action of the person the third - from the date on which the judgment was given in a dispute with a third party has become final.
20. If the Consumer submitted a declaration of withdrawal due to a defect from the contract or lowering the price, he may demand compensation for the damage suffered by having concluded a contract without knowing about the existence of the defect, even if only the damage was a consequence of circumstances for which the Seller is not responsible liability, and in particular may demand reimbursement of the costs of the conclusion contracts, costs of picking up, transporting, storing and insuring items, return of expenditure made to the extent that it did not benefit from them benefits, and has not received their reimbursement from a third party and reimbursement process. This is without prejudice to the provisions on the obligation to repair the damage general rules.
21. The expiry of any time limit for finding a defect does not exclude performance rights under the warranty if the Seller has fraudulently concealed the defect.
22. The Seller, if he is obliged to perform or provide financial to the consumer, will perform them without undue delay, not later than the legal deadline.
1. The Personal Data Administrator is responsible for lawfulness processing of personal data, for the principles of collecting, processing and storing personal data, as well as the Buyer's rights related to his personal data.
2. The Personal Data Administrator processes the Buyers' personal data on on the basis of consent and in connection with legitimate interests Seller.
3. The Personal Data Administrator collects and processes personal data only to the extent that it is contractually or legally justified duty.
4. The Buyer's consent to the processing of personal data is voluntary, and consent to the processing of data for a specific purpose may be provided in withdrawn at any time.
5. The following are collected for the purposes of the Buyer's order personal data:
a) postal address - necessary to issue a proof of purchase;
b) place of issue of goods - necessary to address the package;
c) e-mail - necessary for communication related to the implementation of the contract;
d) telephone number - necessary in the case of selecting certain types delivery.
§8. Final Provisions.
1. Nothing in these regulations is intended to infringe Buyer's rights. It cannot be interpreted in this way either, since v in the event of non-compliance of any part of the regulations with the applicable one by law, the Seller declares absolute compliance and compliance of this right in place of the contested provision of the regulations.
2. The registered Buyers will be registered about changes to the regulations and their scope notified by e-mail (to the one provided during registration or e-mail order). The notification will be sent for at least 30 days before the entry into force of the new regulations. Changes will be made to adjusting the regulations to the applicable legal status.
3. The current version of the regulations is always available to the Buyer in Store Regulations tab on the website www.gofashiondesigner.com . IN during the execution of the order and throughout the entire after-sales care period The buyer is bound by the regulations accepted by him when submitting orders, except when the Consumer considers it less favorable than the current one and will inform the Seller about the selection of the current one as applicable.
4. In matters not covered by these regulations, they shall apply applicable legal regulations in force. Disputes if the Consumer expresses such a will, is resolved through mediation before Provincial Inspectorates of the Trade Inspection or trial before the court arbitration at the Provincial Inspectorate of Trade Inspection. Consumer it may also use equivalent and lawful methods pre-court or out-of-court dispute resolution, e.g. through EU ODR online platform or by selecting any entity entitled from among those listed in the UOKiK register. Seller declares its intention and agrees to an out-of-court settlement of the dispute consumer.
5. As a last resort, the matter is resolved by a court having local and material jurisdiction.