TERMS AND CONDITIONS OF ARDORA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ ONLINE SHOP
- These Terms and Conditions lay down the general terms and conditions, the manner of performance of services by electronic means and the sale conducted through the online shop www.ardoraflamenca.com run by ARDORA spółka z ograniczoną odpowiedzialnością with its registered office at Aleja Niepodległości 127/20, Warsaw, 02-570, hereinafter referred to as ARDORA.
- The terms used in these Terms and Conditions shall have the following meaning:
- Seller – Ardora spółka z ograniczoną odpowiedzialnością with its registered office at Aleja Niepodległości 127/20, Warsaw, 02-570, entered into the Companies Register of the District Court for the capital city of Warsaw, XIII Commercial Division of the National Court Register under the KRS number 0000695698, holding the tax identification number (NIP): 5213794848 and a statistical number REGON: 368323347, email address: firstname.lastname@example.org, owner of the Online Shop;
- Customer – a natural person or a legal entity who under applicable legislation has the legal capacity to perform an order in the shop;
- Consumer – a natural person who performs a legal transaction with the entrepreneur not directly related to his/her business (commercial) or professional activity;
- Entrepreneur – a natural person, corporate person or organizational unit without legal personality carrying on business (commercial) or professional activity in his/her own name and performing legal transaction directly related business (commercial) or professional activity;
- Goods – products presented in the Online Store by the Seller, which may be the subject of a Contract of Sale;
- Contract of Sale – a contract of sale between the Customer and the Seller concluded through the Online Shop;
- Website – a Website operated by Ardora spółka z o.o. and available at: www.ardoraflamenca.com;
- Terms and Conditions – this document;
- Delivery – the act of delivering by the Seller to the Customer of the Goods specified by the Customer in his/her Order;
- Delivery provider – entity providing courier and postal services for the Seller.
§ 2 General provisions
- All rights to the Online Shop, including proprietary copyrights, intellectual property rights to its name, domain name, Online Shop Website, as well as any forms and logos used on the Website belong to the Seller, and any use of thereof may solely and exclusively take place in the manner laid down and in compliance with these Terms and Conditions.
- In order to successfully make an order using the Online Shop, the Customer is required to have an active email account.
- It is prohibited to carry out by the Customer any practices infringing the interest of the Seller.
- It is prohibited to make available by the Customer illegal content or to use the Online Shop or the Website in conflict with valid legal regulations, with good morals or infringe on the rights of third parties.
- By using the Online Shop, the Customer accepts the terms and conditions specified in Terms and Conditions and Policy Privacy on the Website www.ardoraflamenca.com.
§ 3 Placing orders
- All information included on the Online Shop Website does not constitute an offer within the meaning of the Civil Code, but it is an invitation to enter into the agreement.
- The Customer may purchase the Goods at the Online Shop by placing an order. Orders can be placed 24/7 through the Website of the Online Shop.
- To place an order, it is necessary to complete the order through the Online Shop Website. By clicking the “ADD TO CART" button, the Customer selects the Goods from the Online Shop. The Customer completes the order using the "CART” button. After clicking the "PURCHASE" button, the Customer selects the country of delivery, fills in the order form and selects the payment and shipping method and places the order by clicking the “GO TO PAYMENT” button. Clicking this button means the Customer completes the order and has an obligation to pay.
- The final and binding price is the price indicated in the "CART" in the summary of the order before the Customer places the order through the Online Shop.
- Placing the order signifies Contract of Sale is concluded between the Customer and Seller.
- After placing the order, a message is sent immediately to the email address indicated by the Customer in the order form or the Customer’s Account.
- Following the order confirmation, the Seller sends a message accepting the order for completion to the email address indicated by the Customer. When the Customer receives the email confirming the receipt of the order and its acceptance for completion from Seller a Contract of Sale is concluded between the Customer and Seller.
- The concluded Contract of Sale is confirmed and recorded by sending the email message confirming the conditions of Contract to the email address indicated by the Customer or to the address included in the order form.
§ 4 Payment methods
- Prices of Goods presented on the Online Shop Website are gross prices, i.e. including VAT and other taxes. Prices of Goods indicated on Online Shop Website do not include the cost of delivery or any additional costs. The cost of delivery and all additional costs are provided each time on Online Shop Website when placing the order, including directly before and at the moment of confirming and placing the order by the Customer, and are included in the total value of the order. The total value of the order includes the price of the product and the cost of delivery.
- The Customer can select one of the following payment methods: bank transfer to the Seller’s bank account (the order will be accepted for completion after the money has been received by the Seller), on-line payment processed by Stripe Payment Processing Services (subject to the Stripe Terms of Services).
- A Customer should pay the price of the product and the cost of delivery within four seven working days from receiving the email confirming receipt of the order.
- In the event of no payment being made by the Customer within the period mentioned in the § 4 point 2 of these Terms and Conditions, the Seller, after the prior ineffective request for payment and setting a suitable additional payment term, may withdraw from the Contract pursuant to Article 491 of the Civil Code.
- The Seller is obliged to deliver Goods to Customers without the physical or legal defects pursuant to the statutory provisions.
- Time for the delivery of an order should include the number of working days in which the courier company should deliver the Goods to the address indicated while placing the order. This time differs depending on the country of delivery chosen by the Customer.
- The Goods ordered at the Online Shop are delivered to an address indicated by the Customer in the order form.
- Upon the dispatch of the Goods, the Customer receives a message confirming the dispatch by the Seller.
- The Customer is obliged to inspect the parcel upon delivery. If any damages occur the Customer has the right to demand the courier to fill the damage protocol.
- The Seller, in accordance with the will of the Customer, delivers the proof of purchase (a receipt or an invoice) covering the delivered Goods along with the Goods themselves.
- If a parcel is delivered when the Customer is absent the courier leaves a card notifying of attempted delivery or attempts contacting the Customer via indicated phone number in order to arrange a suitable delivery date. In case of the return of Goods to the Online Shop by the Delivery provider, the Seller shall contact the Customer via email or telephone to arrange a new time and cost of Delivery.
§6 Warranty Claims for Goods Purchased
- The Seller is obliged to deliver Goods to Customers without the physical or legal defects pursuant to the statutory provisions. The Seller is liable towards the Customer for faults and defects under warranty.
- In the case of a defect of the Goods, the Customer has the right to:
- make a statement of the request for a price reduction or withdrawal from the Contract of Sale, unless the Seller promptly and without undue inconvenience to the Customer shall replace the defective product or remove the defect. This Limitation does not apply if the product has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to exchange the Goods free of defects and defect removal. The Customer may request a replacement of the product free from defects instead of defect removal the proposed by the Seller. The Seller may refuse to redress Customer request if brought into conformity with the Contract of Sale of Goods defective in a manner chosen by the Customer is not possible, or in comparison with other possible ways to bring about compliance with the Contract of Sale would require excessive costs. When assessing these costs are taken into account the value of the Goods free from defects, the nature and the importance of the defect and the inconvenience to which the Customer would be subjected should his/claims be otherwise met.
- request replacement of the product free of defect or defect removal. The Seller is obliged to replace the defective product free of defect or rectify the defect within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to redress Customer request, if brought into conformity with the Contract of Sale of Goods defective in a manner chosen by the Customer is not possible, or in comparison with other possible way to bring about compliance with the Contract of Sale would require excessive costs. The costs of replacement or defect removal are incurred by the Seller.
3. The Customer exercising his/her rights under the warranty is obliged to send the defective Goods to the Seller. When the Customer is a Consumer the costs of Delivery is incurred by the Seller.
4. The Seller is responsible for the defects of Goods under warranty only if its findings occur before the expiry of two years from the date of the Delivery of Goods to the Customer. Claims of the Customer for replacement of the product free of defects or defect removal expire after one year, but they cannot expire before the time specified in the first sentence. Within this period the Customer can withdraw from the Contract of Sale or make a statement requesting a price reduction. In the event when the Customer demanded the replacement of the product free of defects or defect removal, the period for withdrawal from the Contract of Sale or statement requesting a price reduction runs again after the Goods are replaced.
5. Complaints concerning the Goods, or the conditions of the Contract of Sale may be submitted by Customers in writing to the Seller’s address.
6. The complaint will be considered and an answer will be sent within 14 days from the date of the Seller receiving the complaint. The Customer will hear about the decision in the manner indicated when submitting the complaint.
7. The Seller does not utilise non-judicial ways of dispute resolution as specified in the Act of 23 September 2016 about the non-judicial way of solving consumer disputes.
§ 7 The right to withdraw from the agreement
- A Consumer who concludes a Contract of Sale can withdraw from this Contract within 14 days without giving any reason thereof.
- The lapse of the period for withdrawing from the agreement starts from the Consumer taking possession of the Good.
- A statement of withdrawal can be submitted on the withdrawal form attached as Appendix 1 to these Terms and Conditions, but using the form is not obligatory. The Customer shall submit the statement by sending it the address of the Seller or by email. To keep the deadline for withdrawing from the Contract, it is sufficient to send the information on performing the right to withdraw before the lapse of the deadline. The Seller, upon receipt of the Consumer’s statement of withdrawal from the Contract, will send a confirmation of receipt of the statement of withdrawal from the Contract to the Consumer’s email address.
- In case of withdrawal from the Contract, the Contract is considered void.
- In case of withdrawal from the Contract submission before the Seller accepted the offer, the offer is considered non-binding.
- In the event of withdrawing from the agreement, the Seller will, immediately but no later than within 14 days from the date of receiving the Consumer’s statement of withdrawal, return all the payments received from the Consumer including the cost of delivery. The Seller may suspend the return of the payments received from the Consumer until the receipt of the products, or confirmation of dispatching the products from the Consumer, whichever comes first.
- If the Consumer chooses a method of delivering the product other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the additional costs borne by the Consumer.
- The Consumer is obliged to return the Goods to the Seller immediately, however, not later than within a term of 14 days. To keep the deadline for withdrawing from the Contract, it is sufficient to send the Goods to the Seller’s address before the lapse of the deadline.
- The Customer who is a Consumer only bears the direct cost of returning the Goods.
- If the product characteristics impede its being sent through ordinary means of delivery, the Seller shall inform the Consumer of return costs on the Website.
- The Consumer is liable for a decrease in the value of the product resulting from using the product in a way other than necessary to determine the nature, qualities and functioning of the product. The payment will be returned by the Seller with the same payment method that the Consumer used, unless the Consumer explicitly consents to another payment method – in any case, the Consumer will not bear any costs due to this return.
§ 8 Final Provisions
- The Seller is responsible towards the Customer for faults and defects under warranty on the principles laid down. In relation to Customers who are Entrepreneurs, the assertion of warranty claims is excluded. In the event of Contracts concluded between the Seller and Entrepreneur the Seller is liable only for intentional damage within the damages incurred by the Customer who is an Entrepreneur.
- These Terms and Conditions can be saved by printing out, saving on storage media or downloading from the Website at any time.
- In the event of a dispute, the parties shall recourse to an amicable resolution. In any matters not regulated in these Terms and Conditions, Polish law will apply.
- The Seller informs the Customer as the Consumer that he/she can use non-judicial means of dealing with complaints and redressing claims. For more information about non-judicial ways of dealing with complaints and claims as well as the rules on access to these procedures under the Customer’s jurisdiction, he/she should visit the websites of entities entitled to non-judicial resolution of disputes. These entities include in particular municipal/county Consumer Ombudsman or Voivodship Trade Inspectorate listed on the Website of Consumers’ Association, the Association of Polish Consumers (UOKIK). The Seller informs that Consumers can also use the platform for online dispute resolution (ODR platform), in accordance with the Regulation of the European Parliament and the Council available at: http://ec.europa.eu/consumers/odr/ .
- The Seller has the right to Change these Terms and Conditions. Amendments to the Terms and Conditions do not apply to orders placed before such change; orders are then executed on the basis of the provisions of the Terms and Conditions in force at the time of the placement of the order by the Customer. The changes will enter into force within 7 days from the announcement and publication on the Website. The Customer will be notified 7 days before the entry into force of the changes through email message containing the attached new wording of the Terms and Conditions. In the event of the Customer failing to accept the new wording of the Terms and Conditions, the Customer is required to notify the Seller of this fact. The notification on the non-acceptance of the new wording of the Terms and Conditions results in the termination of the Contract.
- These Terms and Conditions are effective from 1st of October 2019 and are binding on all agreements concluded from that date.