www.coeurclothing.pl ‘s ONLINE STORE
REGULATIONS
I.
Introductory
provisions
1. These Online Store Regulations,
hereinafter referred to as “Regulations”, define the terms and
conditions of using the online store located at the URL www.coeurclothing.pl,
hereinafter referred to as the “Store”.
2. The store is run by PIL-INVEST Jan
Pilarski, based in Łódź (postal code: 93-469), Ikara 44, hereinafter
referred to as the Seller, entered in the Central Register and Information on
Economic Activity (CEIDG) kept by the minister responsible for economy; (Tax
ID / VAT number) NIP: 7272854808, (registration number) REGON: 520707665
3. The Regulations are addressed to
Consumers and define the rules and procedure for concluding a Distance Sale
Agreement with the Consumer via the Store. Each person should read the
Regulations before using the Store. Making purchases in the Store requires the
Customer to have an active and functional e-mail account.
II.
Definitions
1. Personal Data Administrator: PIL-INVEST
Jan Pilarski, based in Łódź (postal code: 93-469), Ikara 44. NIP 7272854808, REGON: 520707665;
e-mail: pomoc@coeurclothing.pl
2. Postal address: Name and surname or
name of the Buyer’s institution, name of the street with the number of the
building / flat, zip code and city;
3. Complaint address: Ikara 44, 93-469
Łódź, e-mail: pomoc@coeurlothing.pl
4. Contact details of the Seller:
PIL-INVEST Jan Pilarski, NIP: 7272854808, REGON: 520707665, Ikara 44, 93-469 Łódź, e-mail:
pomoc@coeurclothing.pl
5. Personal data: any data relating
to an identified or identifiable person;
6. Delivery: a shipping service provided
by a specified carrier;
7. Proof of purchase: a document
confirming the purchase of products from the Store, in the form of an invoice,
receipt, confirmation of a money transfer or bill, issued in accordance with
applicable law;
8. Registration form; a form available in
the Store that allows you to create an account;
9. Order form; an interactive form
available in the Store that allows you to place an order, in particular by
adding products to the basket and defining the terms of the Sales Agreement,
including the method of delivery and payment;
10.
Customer:
any person who purchases via the Store;
11.
Civil
Code (PL): Act of 23 April 1964 Civil Code (as amended);
12.
Consumer:
a person concluding a contract with the Seller as part of the Store, the
subject of whom is not directly related to its business or professional
activity
13.
Account:
customer’s account in the Store, it contains data provided by the customer and
information about orders placed by him in the Store;
14.
Delivery
costs: delivery methods available on the Store’s website along with a list of
their costs;
15.
Cart:
an element of the Store’s software, in which the products selected by the
customer for purchase are visible and it is possible to determine and modify
the order data, in particular the quantity of products;
16.
Buyer:
a customer making purchases in the Store;
17.
Place
of handing over the items: the location indicated by the Buyer in the Order
Form for handing over the items being the subject of the order;
18.
Time
of handing over the item: the moment when the Buyer or a person authorized by
him to collect the order takes possession of the item;
19.
Unlawful
interference: acting in violation of applicable law or contractual provisions;
20.
Payment:
payment for a product selected by the Buyer in the Store or a specific number
of products and their delivery, as specified in the Offered methods of delivery
and payment in these Regulations;
21.
Privacy
policy: processing by the Personal Data Administrator of Buyers’ personal data
in the scope of order fulfillment; Buyers’ rights and the obligations of the
Personal Data Administrator in the scope of personal data processing;
22.
Consumer
law (PL): The Act of May 30, 2014 on consumer rights
23.
Pre-Order:
pre-sale, in this case production starts only after the end of the Pre-Order;
the estimated Pre-Order shipping time is visible on the product page;
24.
Product:
a movable item / service available in the Store along with its price, which is
the subject of the Sales Agreement between the Customer and the Seller
25.
Subject
of the contract: products and delivery that are the subject of the contract
between the Seller and the Buyer;
26.
Regulations:
these Store regulations;
27.
Thing:
a movable item that is or may be the subject of an order (distance sales
contract), in particular a product;
28.
Force
majeure: determination of the causal cause of an accident of an accidental,
individual or natural nature, unavoidable, the occurrence of which causes the
exclusion of the Seller’s liability for the resulting damage;
29.
Store:
an online store run by the Seller at the internet address www.coeurclothing.pl through which the Buyer
may place an order for selected products;
30.
Seller:
a natural person running a business under the name PIL-INVEST Jan Pilarski,
entered in the Central Register and Information on Economic Activity (CEIDG)
kept by the minister competent for economy, (Tax ID) NIP: 7272854808.
31.
Sales
contract: a contract for the sale of a product concluded between the Customer
and the Seller via the Store; it also means – according to the characteristics
of the product – a contract for the provision of services, as well as a
contract for specific work;
32.
Distance
contract: contract concluded with the Customer as part of an organized system
of concluding distance contracts (as part of the Store), without the
simultaneous physical presence of the parties, with the exclusive use of one or
more means of distance communication up to and including the conclusion of the
contract;
33.
Contract
concluded outside the entrepreneur’s premises: in relation to the Consumer, the
contract concluded within the meaning of the Consumer Rights (PL) Act of May 30,
2014.
34.
Defect:
physical or legal defect;
35.
Physical
defect: pursuant to Art. 5561 of the Civil Code, it is a defect consisting in
the non-compliance of the item sold with the contract, in particular the item
sold is inconsistent with the contract, if: does not have the properties that
the seller has provided the buyer with, including presenting a sample or
pattern; it is not suitable for the purpose of which the buyer informed the
seller when concluding the contract, and the seller did not raise any objections
to such use; it was delivered to the buyer incomplete; does not have the
properties that the manufacturer or his representative assured, the person who
places the item on the market within the scope of his business activity, and
the person who, by placing his name, trademark or other distinctive sign on the
item sold, presents himself as the manufacturer; is improperly installed and
put into operation, if these activities were performed by the seller or a third
party for which the seller is responsible, or by the buyer who followed the
instructions received from the seller;
36.
Legal
defect: a circumstance where the item sold is owned by a third party or if it
is encumbered with the right of a third party, and also if the restriction in
the use or disposal of the item results from a decision or ruling of a
competent authority;
37.
Order:
Customer’s declaration of will submitted via the Order Form and aimed directly
at concluding a Product or Products Sale Agreement with the Seller;
III.
Technical
Requirements
1. To use the Store, including viewing the
range available in it and placing orders for products, devices with Internet
access, a web browser, or iOS or Android system and a previously downloaded
COEUR application are necessary.
2. In addition, these technical requirements
also include an active e-mail account and the activation of cookies.
IV.
Contacting
the seller
1. Customers can contact the Seller via
e-mail at the following address: pomoc@coeurclothing.pl or via traditional mail
at Ikara 44, 93-469 Lodz.
2. Goods returned as part of the complaint
procedure or the right to withdraw from the contract should be sent to the
following address: Ikara 44, 93-469 Lodz.
3. The Seller does not charge any fees for
contacting him via electronic mail (e-mail).
V.
General
Provisions
1. The Regulations define the conditions
for concluding contracts between the Seller, the Store operator and the Buyer.
2. The Seller is obliged to deliver to the
Buyer the products ordered by him without any defects.
3. The Seller is obliged to deliver products
exclusively from his available stocks and from stocks ordered by him from his
suppliers.
4. The Seller does not assume the risk
associated with the need to obtain the ordered products from other sources
(supply risk).
5. The Seller, to the fullest extent permitted
by law, shall not be liable for any disruptions, including interruptions in the
functioning of the Store, caused by force majeure, unauthorized interference by
third parties or the Store’s incompatibility with the Customer’s technical
infrastructure. In particular, the seller is not responsible for incorrect web
browser settings or lack of access to the internet network, which is on the
part of the customer.
6. Viewing the Store’s assortment does not
require creating an Account. Placing orders by the Customer for products in the
Store’s assortment is possible after creating an account or by providing the
necessary personal data and postal address, enabling the order to be processed
without creating an account.
7. All prices of products provided by the
Seller in the Store are gross prices (including VAT at the currently applicable
rate).
8. Product prices do not include delivery
costs, which are specified on the Store’s website in the Order Form.
9. The product remains the property of the
Seller until the Buyer pays the purchase price for it.
10.
The Seller
reserves the right to modify the prices of all products in the Store on an
ongoing basis. This right of the Seller does not affect the orders that are
already in the process of execution (placed before the effective date of the
price change).
11.
The Seller
is entitled to organize promotional campaigns on the Store’s website.
12.
The
Seller informs the Customers about the guarantees granted for the products
available in the Store.
13.
The
Buyer is obliged to use the Store in a way that does not interfere with its
functioning, as well as to use it by the Seller and other Customers. The use of
the Store should be in accordance with applicable law and the Regulations.
14.
In
addition, the Buyer is obliged to remember or record in a safe way the data
that allows logging into the account in the Store and to protect them against
unauthorized access by third parties.
15.
Access
to the data referred to above, their modification and correction, constitute
the rights of the Buyer. The same right is the ability to delete the account in
the Store.
VI.
Rules for
placing an order
1. Orders in the Store may be placed 24
hours a day, seven days a week. This rule does not apply to possible
interruptions relating to technical issues on the Store’s website or reasons
beyond the Seller’s responsibility.
2. In case of doubt, it is considered that
the Consumer, by making purchases in the Store, agrees to use the electronic
method of concluding the contract, in accordance with the conditions resulting
from the provisions of these Regulations.
3. In order to place an order, it is
necessary:
– logging in to the Store (optional) or
using the option of placing an order without registration,
-selecting the product or products that
are the subject of the contract, and then clicking the “add to cart”
(or equivalent) button,
– if the option of placing an order
without registration has been selected – filling in the Order Form by entering
the personal data of the recipient of the order and his postal address to which
the product or products are to be delivered,
-selecting the type of shipment (method
of product delivery), entering invoice data (if different from the recipient’s
data),
– choosing one of the available payment
methods and depending on the payment method, paying for the order within a
specified period,
– clicking the “order and
pay” button and order confirmation by agreeing to make purchases when
clicking the link, in the e-mail sent by the Seller.
4.
It is
understood that the order has been placed correctly if all data allowing the
identification of the Buyer by indicating his personal data, postal address,
telephone number, e-mail address (e-mail) are included in the order form.
VII.
Conclusion
and performance of a sales contract
1. The conclusion of the Sales Agreement
between the Customer and the Seller takes place after the Customer has placed
an order using the order form in the Store in accordance with these
Regulations.
2. After placing the order, the Seller
immediately confirms its receipt and at the same time accepts the order for
execution.
3. Confirmation of receipt of the Order
and its acceptance for implementation takes place by sending the Customer an
appropriate e-mail to the Customer’s e-mail address provided during the ordering
process, which contains at least the Seller’s declaration of receipt of the
order and its acceptance for implementation and confirmation of the conclusion
of the sales contract.
4. Upon receipt of the above e-mail by the
Customer, a Sales Agreement is concluded between the Customer and the Seller.
5. The product will be sent by the Seller
to the postal address, within the time specified in its description and in the
manner chosen by the Customer when placing the order, with the proviso that in
the case of ordering products with different delivery dates, the longest
delivery date applies.
6. If the delivery date is given in
working days, it should be understood as all days from Monday to Friday, except
for public holidays.
7. The delivery of products is possible in
all countries around the world.
8. In the case of a Pre-Order, the order
fulfillment time is longer than usual. The approximate delivery time is given
on the website in the product description.
9. The order fulfillment time is counted
from the moment of obtaining a positive payment authorization. All dates are
calculated in accordance with art. 111 of the Civil Code.
10.
If
the order cannot be processed within the time limit specified in the
Regulations, due to the lack of the ordered product or the selected number of
products, the Seller shall immediately notify the Buyer of this fact using the
contact details provided by him in the order and will propose the execution of
the order at another possible date. If the Buyer does not consent to the
execution of the order at a different date, the order is considered void, and
neither party is responsible for this.
11.
The
Buyer may cancel a properly placed order until the start of the procedure aimed
at its implementation, by sending an e-mail to the e-mail address provided by the
Seller: pomoc@coeurclothing.pl, a declaration of willingness to cancel the
order.
12.
All
costs related to export (including customs clearance costs) are covered by the
Customer. If the customer does not pay the additional costs, they will be
deducted from the full amount of the order upon return.
VIII.
Delivery
and payment methods offered
1. The Customer may use the following
methods of delivery or collection of the ordered Product:
• DPD courier
• DPD courier (Europe)
2.
The
customer has the option of making payments for the ordered products by: credit
card, prepayment to the Seller’s bank account number specified in the order
form.
3.
In the
case of purchases with a credit card, the credit card account is debited with
the order.
4.
The
customer can use the following payment methods:
• Visa
• Visa Electron
• MasterCard
• MasterCardElectronic
• Maestro
• Online transfers
• Electronic payments
• PayPal
5.
Detailed
information on delivery methods and acceptable payment methods can be found on
the Store’s website.
6.
The costs
of financial transactions are borne by the Buyer, in particular the costs of
financial transactions that may be charged by the bank or financial institution
for which the Buyer pays for the order.
7.
The entity
providing online payment services is Stripe Inc.
IX.
The right
to withdraw from the contract
1. Pursuant to the Consumer Law, the
Seller, in these Regulations, informs all Buyers about their right related to
the right to withdraw from the concluded contract, referred to in Art. 27 of
the Act on consumer rights. On this basis, in case of doubt, it is understood
that the Seller does not bear negative consequences related to the lack of this
instruction, referred to in art. 29 of the Act on consumer rights.
2. A consumer who has concluded a distance
or off-premises contract may, within 14 days, withdraw from it without giving
any reason and without incurring costs, except for the costs specified in art.
33, art. 34 sec. 2 and art. 35 of the Act on consumer rights.
3. The deadline for withdrawing from a
distance contract is 14 days from the delivery of the order to the Buyer or a
person designated by him, other than the carrier (the moment of taking
possession of the ordered goods).
4. In the case of an Agreement that covers
many products that are delivered separately, in batches or in parts, the
above-mentioned period shall begin to run from the delivery of the last item,
batch or part.
5. To meet the above-mentioned deadline,
it is enough to send the Seller a declaration of withdrawal before its expiry
to the Seller’s e-mail address: pomoc@coeurclothing.pl or traditional mail
address: ul. Ikara 44, 93-469 Lodz. A model withdrawal declaration form is
available on the Seller’s website and may be used to exercise this right.
6. The Seller, after receiving a
declaration of withdrawal from the Buyer, will immediately confirm its receipt
by sending him a message sent via e-mail.
7. The Buyer, when exercising the right to
withdraw from the contract, is obliged to return the item to the Seller
immediately, but not later than 14 days from the date on which he rescinded the
contract.
8. For hygienic reasons, the Seller does
not accept returns of unpacked jewelery, masks, socks and underwear.
9. In the event of withdrawal from the
contract, the contract is considered void, which entails the obligation to
reimburse the benefits, including the reimbursement of all payments to the
Consumer, for which the parties have 14 days.
10.
The
Buyer is obliged to send back to the Seller the items that are the subject of
the contract, from which he withdrew at his own expense. For the effectiveness
of returning the product (goods) to the Seller, it is necessary that the
product is new, unused, in the condition in which the Buyer received it from
the Seller, with tags uncut, free of odors (e.g. perfumes) and dirt in an
undamaged packaging. In addition, it is necessary for the Buyer to send back an
invoice / receipt or other document confirming the transaction, all freebies
and discounts obtained for purchases in the Store with the returned item.
Otherwise, the Seller is not obliged to accept a declaration of withdrawal from
the concluded contract from the Buyer.
11.
The
Buyer is responsible for reducing the value of the item being the subject of
the contract and resulting from using it in a way that goes beyond what is
necessary to establish the nature, characteristics and functioning of the item.
12.
If
there is a need to return funds for a transaction made by the Customer with a
payment card, the Seller will refund to the bank account assigned to the
Buyer’s payment card. The Seller shall immediately, no later than within 14
days from the date of receipt of the declaration of withdrawal from the
contract and delivery of the returned item, return to the Buyer the payment
made by him, including delivery costs, corresponding to the cheapest possible
delivery option in the Store.
13.
As a
rule, the Seller shall refund the payment by using the same payment method that
was used by the Buyer. It is possible to depart from this rule and the Buyer
may consent to the reimbursement of the payment in a different way.
14.
The
Seller is entitled to withhold the reimbursement of the payment received from
the Buyer until receipt of the goods being the subject of the contract or proof
of its return, depending on which event occurs first.
15.
If
the consumer has chosen a delivery method other than the cheapest standard
delivery method offered by the Seller, the Seller, pursuant to Art. 33 of the
Act on consumer rights is not obliged to reimburse the consumer for additional
costs incurred by him.
16.
Pursuant
to Art. 38 of the Act on consumer rights, the right to withdraw from a contract
concluded outside the business premises or at a distance is not available to
the consumer, among others in relation to the contract:
– for the provision of services, if the
Seller has fully provided the service with the express consent of the Consumer,
who has been informed before the commencement of the service that after the
performance of the service by the Seller, he will lose the right to withdraw
from the contract;
– in which the price or remuneration
depends on fluctuations in the financial market over which the Seller has no
control and which may occur before the deadline to withdraw from the contract;
– in which the subject of the service
is a non-prefabricated item, manufactured according to the Consumer’s specification
or serving to satisfy his individual needs;
– in which the subject of the service
is an item that deteriorates quickly or has a short shelf life;
– in which the subject of the service
is an item delivered in a sealed package, which cannot be returned after
opening the package due to health protection or hygiene reasons, if the
packaging has been opened after delivery (e.g. jewelry, masks, socks, underwear);
– in which the subject of the service
are items that after delivery, due to their nature, are inseparably connected
with other items.
X.
Warranty
for product defects and complaint
1. All products offered in the store are
brand new and original.
2. The Seller is liable under the warranty
if a physical defect of the item is found within two years from the moment the
item is delivered to the Buyer. If the Client is an Entrepreneur, the parties
exclude liability under the warranty.
3. The Seller shall be liable to the Buyer
under the statutory warranty for physical and legal defects of the sold item,
under the terms of the Civil Code.
4. If the item sold has a defect, the
Buyer may:
-submit a statement requesting a price
reduction,
-submit a declaration of withdrawal
from the contract, unless the Seller immediately and without undue
inconvenience to the Buyer replaces the item with a defect-free one or removes
the defect; this limitation does not apply if the item has already been
replaced or repaired by the Seller or the Seller has not satisfied the
obligation to replace the item with a non-defective one or to remove the
defect.
5.
If the
buyer is a consumer, he may, instead of the removal of the defect proposed by
the Seller, demand that the item be replaced with a defect-free one, or instead
of replacing the item, demand that the defect be removed, unless it is
impossible to bring the item into compliance with the contract in the manner
chosen by the Buyer or would require excessive costs compared to the manner of
proposed by the Seller.
6.
The Buyer
may not withdraw from the contract if the defect is irrelevant.
7.
If the
item sold has a defect, the Buyer may request that the item be replaced with a
defect-free one or that the defect be removed.
8.
The Seller
is obliged to replace the defective item with a non-defective one or remove the
defect within a reasonable time without undue inconvenience to the Buyer.
9.
The Seller
may refuse to satisfy the Buyer’s request if it is impossible to bring the
defective item into conformity with the contract in the manner chosen by the
Buyer or would require excessive costs compared to the other possible method of
bringing the defective item into compliance with the contract.
10.
The costs
of replacing or repairing a defective item shall be borne by the Seller, with
the exceptions specified in the Civil Code.
11.
The Seller
is obliged to accept the defective item from the Buyer in the event of
replacement of the item with a non-defective one or withdrawal from the
contract.
12.
The Seller
is obliged to respond to the statements made by the Buyer about a request for a
price reduction, a request to replace the item with a defect-free item, a request
to remove the defect, within 14 days. However, pursuant to the Act on consumer
rights, unless separate provisions provide otherwise, the Seller is obliged to
respond to the Consumer’s complaint within 30 days from the date of its
receipt. If the entrepreneur does not respond to the complaint within the
above-mentioned period, it is considered that the complaint has been accepted.
13.
The claim
for the removal of the defect or the replacement of the item sold for one free
from defects expires after one year from the date of finding the defect, but
not earlier than two years from the date of delivery of the item to the Buyer.
14.
The
advertised items should be packed and sent back to the Seller to the complaint
address along with the complaint form available on the Store’s website. The
buyer is obliged to complete the complaint form in accordance with the points
indicated therein.
15.
After
accepting the complaint, the Seller will refund the Buyer the payment to the
bank account number provided by him in the complaint form. The refund will be
processed as soon as possible.
XI.
Out-of-court
ways of dealing with complaints and redress
1. Detailed information on the possibility
for the Consumer to use extrajudicial means of dealing with complaints and
redress and the rules of access to these procedures are available at the
offices and on the websites of municipal consumer ombudsmen, social organizations
whose statutory tasks include consumer protection, Voivodeship Inspectorates of
Inspection Commercial.
2. http://ec.europa.eu/consumers/odr/
XII.
Final
Provisions
1. The Seller declares that none of the
provisions of the Regulations is intended to infringe the Buyer’s rights.
2. In the event of a conflict of the
provisions of these Regulations with the provisions of generally applicable
law, the provisions of law that should be applied instead of the contested
provisions of the Regulations shall prevail.
3. The Seller reserves the right to modify
these Regulations, due to the need to adapt them to the applicable provisions
of generally applicable law, which may affect these Regulations. The
possibility of changing the Regulations may also be dictated by reasons such
as: the need to adapt the Regulations to the functionality of the Store, change
of the Seller’s address data, identification numbers, electronic addresses,
etc.
4. The Seller is obliged to inform the
Customers about any changes to the provisions of the Regulations, at least 10
days before their entry into force. The Seller may fulfill this information
obligation by posting relevant information about the planned changes to the
Regulations on the Store’s website.
