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The terms and conditions of the

ELEMENTY”

online 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 http://www.elementywear.com hereinafter referred to as “the Shop”.

2.     The Shop is run by Elementy Wear sp. z o. o. with its registered office in Warsaw, Grochowska Street 301/305, 03-842 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 0000637623, holding Tax Identification Number (NIP) 113-291-83-10, hereinafter referred to as the “Administrator”.

3.     The Shop address and contact details are:

a.     The web address - www.elementywear.com,

b.     e-mail address – shop@elementywear.com or hello@elementywear.com,

c.     the mailing address – Grochowska 301/305 Street, No 117, 03-842 Warsaw.

4.     Each person before using the Shop should read the Terms and Conditions.

5.     Making purchases in the Shop requires from the Customer to have an active and efficient e-mail account.

§ 2.

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 manufactured in Poland.

§ 3.

Privacy policy

1.     By filling in the purchase form and ticking the box next to the relevant declaration, the Customer consents to the collection and processing of his personal data in accordance with the General Data Protection Regulation of 27 April 2016 (Official Journal of the European Union L 119 dated 27 April 2016, further “the GDPR”) by the Administrator for the purposes necessary to implement the provisions of these Terms and Conditions and the services provided on its basis.

2.     The Customer's personal data shall be processed in order to process orders, complaints and returns, book transactions in the Shop's IT accounting system for the period required by law as well as in order to store personal data in the IT accounting system to ensure the history of commercial transactions made by the Shop. The legal basis for processing of this data is Art 6(1) of the GDPR.

3.     With additional consent given by the Customer, the collected personal data may also be used for promotional and marketing purposes, including in particular to present the Customer with the Shop's commercial offer and other marketing information related to the Shop.

4.     In case of newsletter subscription and granting consent to receive it in the process of registration or placing an order (granting consent to receive commercial information by electronic means), it is only necessary to provide the e-mail address to which commercial information from the Administrator will be sent. The Customer may withdraw from sending such information at any time.

5.     The name, surname, address, telephone number and e-mail address given in the course of placing an order are transferred to DPD transport company in the form of a shipping list/label, which is also an order to deliver the parcel, and in this respect are processed by the said company.

6.     The Customer has the right to lodge a complaint with the supervisory authority.

7.     The Customer has also the right to demand from the Administrator access to personal data, their correction, deletion or limitation of processing, objection to data processing, data transfer and the right to withdraw consent.

8.     Providing personal data is a condition for concluding a contract.

 

§ 4.

Purchasing rules

1.     Information provided on the Shop's website, including information about the products presented, and in particular their descriptions, technical and operational parameters and prices, are an invitation to conclude a contract, within the meaning of Article 71 of the Act of 23 April 1964 r. - Civil Code (Journal of Laws 1964, No. 16, item 93 as amended; further: “the Civil Code”).

2.     Before confirming the purchase, the Shop provides the Customer with the following information:

a.     a precise description of the product concerned and its characteristics;;

b.     the total price of the products ordered together with taxes and fees for transport, delivery or postal services and a summary of the total amount of the contract with the chosen delivery option;

c.     concerning the method and time of payment;

d.     concerning the manner and date of the performance by the Shop.

3.     The purchase of a Product does not require registration with the Shop.

4.     Placing an order is done using the form available on the Shop's website after going to the basket and selecting the “go to payment” option, in which the Customer provides the following data:

a.     name and surname or company’s name;

b.     e-mail address;

c.     telephone number;

d.     address details to be used for dispatch.

5.     The Customer places an order after familiarizing himself/ herself with the information specified in the Terms and Conditions of the Shop and the information specified in the paragraph 2, which will be displayed in electronic form in the last stage of filling in the electronic form preceding the expression of will to conclude the contract by clicking the “Order with payment obligation” button. After reading the collected information specified for a given Customer's order, the Customer expresses his or her willingness to be bound by the contract by pressing the button “Order with payment obligation”.

6.     All prices given on the pages of the Shop are depending on the option selected in Polish zloty or euro and include VAT. The price displayed in the basket summary before placing an order includes shipping costs according to the option chosen by the Customer.

7.     The Shop is obliged to deliver the goods without any defects.

8.     An order shall be deemed accepted for processing when the Shop confirms that the order placed by the Customer has been accepted.

a.     confirmation of order acceptance is sent automatically after placing an order by the Customer;

b.     The Shop may suspend acceptance of the order in case of doubts as to the truthfulness or reliability of the data indicated by the Customer in the registration form. In such a case, the Shop will immediately contact the Customer in order to clarify any doubts the Shop may have;

c.     In case of unavailability of some of the products included in the order, the Customer is immediately informed about it. The Customer decides whether the order is to be partially or completely cancelled.

9.     The Customer and the Shop are bound by the price of the Product from the moment of placing the order.

10.  The following payment methods are accepted in the Shop:

1.     bank transfer;

2.     electronic payment systems: Tpay and PayPal.

11.  The deadline for payment is 3 days from the date of receiving by the Customer confirmation of order acceptance by the Shop.

12.  The contract is deemed concluded at the moment of confirming the acceptance of the order, which is simultaneous with payment by the Customer, after prior receiving of the confirmation of the order’s acceptance.

13.  The ordered goods are shipped within 7 working days from the date of booking the due payment for the product.

14.  Shipments are sent via DPD courier company. Shipping costs are specified in the Shipping tab. The cost of shipments outside the European Union is determined individually with the Customer - depending on the destination place of delivery.

15.  In the case of ordering several pieces of goods, the goods are generally packed together in one shipment unless, when choosing a method of delivery, the Customer indicates a different method of packaging and selects the option of separate delivery for each product.

16.  If the goods are to be sent by the Shop to the Customer who is a consumer, the danger of accidental loss or damage to the goods passes to the Customer at the moment of their delivery to the Customer. Entrusting the goods by the Shop to a carrier shall be deemed delivery of goods, if the Shop had no influence on the choice of the carrier by the buyer.

17.  A receipt confirming the purchase is sent with the Product. At the Customer's request, a VAT invoice is issued. The customer is obliged to provide full details necessary to properly issue a VAT invoice:

a.     name and surname or company’s name;

b.     address of residence/company’s seat;

c.     Tax Identification Number - NIP (in case of companies), PESEL number (natural persons);

d.     description of the order;

e.     mailing address.

18.  Each Customer registering and/or placing an order agrees to receive at the e-mail address provided by him/her information related to the course of the transaction and notifications of changes in these Terms and Conditions.

19.  Other information concerning the operation of the Shop, as well as containing commercial information about new products or services of the Shop, promotions of the Shop and promoting products of the Administrator's partners will be sent only to those Customers who have given their consent.

§ 5.

Complaints

1.     The Sales contract covers new Products.

2.     The Shop is obliged to provide the Customer with an item free from defects.

3.     In the event 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.

4.     A complaint should be submitted in writing or by e-mail to the Shop’s addresses given in these Regulations. In order to make it easier to file a complaint, a sample complaint form has been placed at https://elementywear.com/upload/reklamacja.pdf Its use is optional.

 

When making a complaint, the Customer shall state his or her own: 

a. name and surname;

b. address;

c. data allowing identification of sales (e. g. login, order number, transaction date);

d. subject and cause of the complaint;

e. contact details.

5.     It is recommended that the complaint should include, among others concise description of the defect, circumstances (including the date) of its occurrence, data of the Customer submitting the complaint, and the Customer's request in connection with the defect in the goods.

6.     The Customer is obliged to attach to the complaint the proof of purchase of the goods subject.

7.     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.

8.     Goods returned under the complaint procedure should be sent to the address given in § 3 of these Terms and Conditions.

9.     If a guarantee has been granted on a Product, the information about it, as well as its content, will be included in the description of the Product in the Shop

 

§ 6.

Withdrawal from the contract

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. The declaration may be made on the form, the template of which can be found at the URL http://elementywear.com/upload/zwort.pdf  The use of the form is optional.

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: Grochowska 301/305 Street, No 117, 03-842 Warsaw or transfer it to a person authorized by the Shop to collect. 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.

5.     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 (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest usual method of delivery offered in the delivery of goods available in the Shop), immediately, and in any case no later than 14 days from the date on which the Shop actually received the returned goods.

6.     Paragraph 4. is subject to the reservation that if the Customer has withdrawn only from part of the contract, i. e. returns only part of the items covered by one contract, the cost of delivering the goods to the Customer is not refunded by the Shop.

7.     The refund is made by the Shop using the same method of payment as the Customer had used, unless the Customer expressly agrees to another method of refund that does not involve any costs to him/her.

8.     The Shop may withhold the refund until the receipt of the returned goods (items) or until the delivery of proof of sending back the goods in connection with the withdrawal, depending on which event occurs earlier.

 

§ 7.

Final provisions and description of the possibility of using
out-of-court complaint and redress procedures

1.     The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Customer who is at the same time a consumer under mandatory provisions of law. In the event that the provisions of these Terms and Conditions are inconsistent with the above law provisions, the law provisions shall prevail.

2.     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.

3.     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:

a.    https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

b.   https://www.uokik.gov.pl/instytucje_konsumenckie.php

c.    https://www.uokik.gov.pl/wazne_adresy.php

4.     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;

c.    a poviat (city) consumer advocate or a social organisation whose statutory tasks include consumer protection (e.g. Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich).