Terms and conditions of the online store
The Terms and conditions define the rules for the provision of sales services via the website of the online store operating under the domain: www.piapimo.com. It is a document required under Art. 13 of the Act of May 30, 2014 on consumer rights.
The owner and administrator of the store is:
PIAPI & MORE Aneta Kowalska
with headquarters in Dąbrówka on the street Cisowa 22/1, 62-069 Dąbrówka,
NIP 6971917862, REGON 016264666,
tel. +48 535 009 200, e-mail: [email protected]
The BUYER has the right, before placing the order, to negotiate all provisions of the contract with the Seller, including those changing the provisions of the following terms and conditions – within the permissible terms and conditions. Negotiations, in order to be valid, require a written form. If the BUYER resigns from the possibility of concluding a contract through individual negotiations, the following terms and conditions shall apply.
- ONLINE STORE – means that the CONTRACT for the sale or provision of services is concluded electronically and if a CONSUMER is a party to the contract, it is carried out under the conditions described in the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827) .
SELLER and SERVICE PROVIDER – PIAPI & MORE Aneta Kowalska based in Dąbrówka on the street Cisowa 22/1, 62-070 Dąbrówka, NIP 6971917862, REGON 016264666 – sales contract concluded via the website of the ONLINE STORE www.piapimo.pl
- CUSTOMER a natural person, as well as a legal person and an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, and which concludes or intends to conclude a contract or uses other services offered through the website of the ONLINE STORE.
- CONSUMER – CUSTOMER, a natural person who performs a legal transaction with the SELLER not directly related to its business activity – precise definition – Civil Code Article 22.
- PRODUCT – an item offered for sale or a service offered in the ONLINE STORE.
- TERMS AND CONDITIONS – these ONLINE STORE’s Terms and conditions.
- SALE AGREEMENT – a product sale agreement concluded remotely via the ONLINE STORE.
- ORDER – a declaration made electronically or by phone about the willingness to conclude a contract (ordering a product or service).
- NEWSLETTER – a service provided electronically by the SELLER, consisting in sending commercial and advertising information to the e-mail address provided by the interested party.
B. General Provisions.
- Scope of activity – mail order sale using the website of clothing and textile articles.
- The Seller – in order to enable the conclusion of the contract, the Seller provides the following services via the website of the online store:
- creating and administering a customer account in the online store;
- processing the order form for products in the online store;
- with the consent of the CUSTOMER – sending commercial information, promotional offers, etc. in the form of a “newsletter” service.
- The provision of electronic services in the above-mentioned scope is free of charge.
- The contract for the provision of electronic services consisting in the management and administration of the CUSTOMER’s Account on the WEBSITE is concluded for an indefinite period. The conclusion is considered to be the completion of the CUSTOMER registration process on the WEBSITE.
- The contract for the provision of electronic services consisting in enabling the submission of an Order in the Online Store by filling in the order form is concluded for a definite period of time – for the period of filling and processing the order – and is terminated upon submission and acceptance of the Order.
- The “newsletter” service is concluded for an indefinite period. The contract is concluded at the time of consent to send a message to the CUSTOMER’s address provided during registration.
- The CONSUMER may withdraw from the contract for the provision of the service without giving reasons within 14 days from the conclusion of the contract – except when the provision of the service begins before this period with the consent of the CONSUMER – by submitting a declaration of withdrawal to the entrepreneur:
- using the electronic model withdrawal form (Annex to the TERMS AND CONDITIONS),
- by submitting a statement on the website,
- in the form of an e-mail or in writing to the address of the SELLER (SERVICE PROVIDER)
- In the case of a service concluded for an indefinite period, both parties have the right to terminate the contract:
- The CONSUMER may terminate the contract for the provision of services electronically at any time by submitting an appropriate statement in electronic or written form to the address of the SELLER. The SELLER will immediately confirm the receipt of the declaration. The SELLER, within 7 days of receiving the notice, will remove from the data the records covered by the protection of personal data related to the service and cease to provide it.
- The SERVICE PROVIDER may terminate the contract for the provision of services electronically if the CONSUMER objectively and unlawfully grossly violates the Terms and conditions – with a 30-day notice period from the date of giving the notice. If both parties to the contract are entrepreneurs, the SERVICE PROVIDER may terminate the contract for the provision of Electronic Services with immediate effect.
- THE SERVICE PROVIDER and the CUSTOMER may terminate the contract for the provision of services electronically at any time by agreement of the parties.
- Complaints will be dealt with immediately, no later than within 14 days. Failure to consider the complaint within this period means that the complaint is accepted.
- CUSTOMER – is obliged to enter data into the system in accordance with the facts, lawful and morally. The data provided may not infringe personal rights or property rights of third parties.
- The SELLER is a VAT payer and issues a sales document – a receipt or invoice for each sale of a product.
- Commercial information – price lists, descriptions, advertisements and other information about the Products on the SELLER’s website constitute an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
- The provisions of these TERMS AND CONDITIONS are not intended to exclude or limit any rights of the CUSTOMER who is also a CONSUMER within the meaning of the provisions of the Act of 23 April 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended) – they are entitled to under the applicable legal rules. In the event of non-compliance of the provisions of these TERMS AND CONDITIONS with the above provisions, these provisions shall prevail.
- THE ONLINE STORE carries out orders with shipment to all countries of the world. For orders from abroad – shipping conditions – in particular, costs and delivery time are agreed individually.
- The SELLER complies with the Code of Good Practice within the meaning of the Act of August 23, 2007 on Counteracting Unfair Market Practices (content available at: www.uokik.gov.pl/download.php?id=546)
- Before placing an order, the CUSTOMER must read these TERMS AND CONDITIONS. The fact of reading and accepting all the provisions of these terms and conditions is clearly confirmed during registration in the system and before the final confirmation of the order. The order form will not be accepted without such confirmation.
- An electronic order can be placed 24 hours a day, 7 days a week.
- A telephone order can be placed at the telephone number provided in the CONTACT tab. In the case of a distance contract by phone, the SELLER confirms the content of the proposed contract by sending it to the CUSTOMER recorded on paper or another durable medium. For the validity of the contract, the CONSUMER submits a declaration of accepting the conditions and concluding the contract – it is effective if it has been recorded on paper or another durable medium after receiving a confirmation from the SELLER.
- If the content of the contract shows that the CONSUMER is obliged to pay due to its implementation – for the validity of the contract, they are obliged to confirm the understanding of the obligation to pay the amount specified in the contract and submit statements by accepting the order with the formula: “ORDER WITH OBLIGATION TO PAY”.
- Execution of the order (preparation and shipment of PRODUCTS) by the SELLER takes place:
- after confirming the order – if the CUSTOMER chose the form of payment on delivery;
- after the SELLER receives the payment to the account – if the CUSTOMER has chosen prepayment or on-line payment by Przelewy24, PayPal as a form of payment.
- The order fulfilment time for products in stock is no longer than 3 business days from the date specified in the previous point. In most cases, orders are processed within 24 hours. In the case of products offered on request, the date will be specified when placing the order.
- If the CUSTOMER is a CONSUMER, the SELLER is obliged to immediately hand over the item to the CUSTOMER, not later than thirty days from the date of concluding the contract, unless the contract provides otherwise. In the event of the SELLER’s delay, the CONSUMER may set an additional deadline for the delivery of the item, and after its ineffective expiry, may withdraw from the contract.
- If the SELLER declares that the services will not be fulfilled, the other party may withdraw from the contract without setting an additional deadline.
- The product prices given in the store’s offer are prices in EURO currency and are gross prices (they include taxes required by law, including VAT).
- The prices given are retail prices and do not include discounts and rebates. Rebates and rebates can be granted individually.
- The given product prices do not include delivery costs. The exact cost of delivery is given when accepting the order and depends on the method of shipment and the value of the order. When completing the order form, the CUSTOMER selects the shipping and payment method and confirms their choice.
- The price binding for the CUSTOMER is the price valid at the time of ordering
E. Payment methods:
- prepayment – by bank transfer to the bank account provided in the SELLER’s details or sent in the order confirmation;
- PayPal on-line payment system – a system administered by Paypal Polska Spółka z o.o. on the street E. Plater 53, 00-113, Warsaw;
- If the payment in the form of a prepayment by bank transfer is chosen, the CUSTOMER is obliged to pay the price under the Sales Agreement within 3 days from the date of its conclusion, unless the Parties to the Sales Agreement agree otherwise. If the payment is not made within 3 days, the order will be cancelled.
- The SELLER has the right to limit the available payment methods, including requiring prepayment in whole or in part.
E. Shipment of goods
- Shipping (delivery) costs are calculated in accordance with the current price lists of courier companies and depend on the weight, size of the shipment, the choice of delivery method and the selected form of payment. When completing the interactive order form, the CUSTOMER is informed about the costs and chooses the method and accepts the shipping cost when placing the ORDER.
- Detailed information about shipping costs is available in the “Delivery” tab on the ONLINE STORE website.
- Delivery costs are borne by the CUSTOMER, unless the description of the product offer states otherwise.
- In the case of shipping abroad, shipping costs and delivery date are agreed individually.
- We send the purchased products by courier DPD.
F. Complaints and withdrawal from the contract (returns) in relations with CUSTOMERS who are not CONSUMERS (applies to entrepreneurs).
- This section of the Terms and conditions shall apply only in relations with BUYERS who are not CONSUMERS.
- When collecting a parcel with the ordered products, the CUSTOMER who is not a CONSUMER is obliged to inspect the parcel in time and in the manner accepted for such parcels. If it finds that the Product has been lost or damaged during transport, it is obliged to perform all actions necessary to determine the carrier’s liability.
- The SELLER’s liability towards the CUSTOMER who is not a CONSUMER, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the price paid and delivery costs under the concluded contract. The SELLER is liable to the CUSTOMER who is not a CONSUMER only for typical damages predictable at the time of concluding the contract and is not liable for lost profits to the CUSTOMER who is not a CONSUMER.
- Any disputes arising between the Seller / Service Provider and the CUSTOMER who is not a CONSUMER shall be submitted to the court having jurisdiction over the seat of the SELLER.
- Regulations concerning the principles of warranty for defects and quality guarantees – not mentioned above – in contracts with entrepreneurs are adopted directly in the wording adopted in the Civil Code, Articles 556-581.
G. The right to withdraw from the contract (RETURN OF GOODS) in the case of distance sales with the participation of the CONSUMER.
- Pursuant to Article 27 of the Consumer Rights Act (Journal of Laws of 2014, item 827), the CONSUMER by concluding a “distance contract” – has the right to withdraw from the contract without giving any reason – within 14 calendar days from the date of taking possession of the PRODUCT (if the product consists of many items that are delivered separately, in batches or in parts, the term begins with taking possession of the last item, batch or part, if the contract consists in the regular delivery of Products for a specified period – from taking possession of the first of the Products – or in the case of services or a contract of a different nature – 14 days from the date of conclusion of the contract, however, if the buyer is a CONSUMER, the delivery of the sold item to the buyer is deemed to be entrusted by the SELLER to the carrier, if the SELLER had no influence on the choice of the carrier by the buyer. the contract, the CONSUMER is entitled to reimbursement of the costs incurred. other than the cheapest standard method offered by the SELLER – the SELLER is not obliged to reimburse the CONSUMER for additional costs that exceed the cheapest method. The condition for keeping the deadline is submitting the SELLER a declaration of withdrawal from the contract within this time. The declaration sent electronically is also important – you can use the ready form (Declaration of withdrawal from the contract). If the declaration is submitted in electronic form, the SELLER will immediately send the CONSUMER on a durable medium a confirmation of receipt of the declaration of withdrawal from the contract.
- After sending the statement, the CONSUMER is obliged to send back to the CORRESPONDENCE address provided in the SELLER’s details within 14 calendar days (counted from the date of sending the statement on withdrawal from the contract) – unless the SELLER has offered to pick up the PRODUCT himself. The date of sending the parcel is decisive for meeting the deadline.
- The CONSUMER is responsible for reducing the value of the item as a result of using it in a different way than necessary to establish the nature, characteristics and functioning of the item.
- The SELLER will return the payments made by him within 14 calendar days, including the costs of delivering items from the SELLER to the CONSUMER. The SELLER may, however, withhold the reimbursement until the item is returned or the consumer provides proof of its return – depending on which event occurs first. The SELLER will refund the payment using the same method of payment as used by the CONSUMER, unless the CONSUMER has expressly agreed to a different method of return, which does not involve any additional costs for him.
- The direct costs of returning the PRODUCT to the SELLER are borne by the CONSUMER (CUSTOMER).
- The CONSUMER is not entitled to withdraw from a distance contract in the cases listed in the attachment.
- The SELLER does not accept parcels sent “cash on delivery”. Return shipment should be properly secured against damage in transit.
H. Liability under the warranty and guarantee when selling with the CONSUMER.
- The SELLER is obliged to deliver the PRODUCT that is the subject of the contract – without defects.
- The seller is liable under the warranty for physical defects that existed at the time the danger passed on to the buyer or resulted from a cause inherent in the item sold at the same time – for a period of 2 years.
- The SELLER informs that in the case of PRODUCTS also covered by the guarantee, the rights of the buyer and the obligations of the guarantor in this respect are specified and should be performed in accordance with the conditions set out in the WARRANTY BOOK. The WARRANTY granted for the sold PRODUCT is an additional right and does not exclude, limit or suspend the CONSUMER’s rights under the Seller’s liability under the provisions on warranty for defects in the sold item (Article 577 of the Civil Code).
- The seller is released from liability under the warranty if the CONSUMER knew about the defect at the time of concluding the contract.
- In the event of a defect or non-compliance of the delivered PRODUCT with the contract, the CONSUMER has the right to submit a complaint.
- In order to submit a complaint, we recommend that the CONSUMER completes the complaint protocol (DrukReklamacyjny.pdf), or in another form describes the grounds for the complaint and demands for the removal of defects and sends the notification by e-mail or by post to the SELLER’s correspondence address provided in the header.
- Defective PRODUCT – in agreement with the SELLER – if it is possible and expedient – the CONSUMER who exercises the rights under the warranty will be obliged at the SELLER’s expense to deliver the item to the place indicated in the contract of sale, and if such a place is not specified in the contract – to the place, in which the item was delivered to the CONSUMER. If, due to the type of item or the method of its installation, the delivery of the item by the CUSTOMER would be excessively difficult, the CUSTOMER is obliged to make the item available to the SELLER at the place where the item is located.
- If the item sold has a defect, the CUSTOMER may submit a statement requesting a price reduction or withdrawal from the contract, unless the SELLER immediately and without undue inconvenience to the buyer replaces the defective 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 did not satisfy the obligation to replace the item with a non-defective one or remove the defect.
- 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 proposed by the seller. When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the buyer would otherwise be exposed.
- The reduced price should remain in proportion to the price resulting from the contract in which the value of the defective item is equal to the value of the item without a defect.
- The buyer may not withdraw from the contract if the defect is irrelevant.
- 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. 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. 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 second possible way to bring it into conformity with the contract. If the buyer is an entrepreneur, the seller may refuse to replace the item with an item free from defects or to remove the defect also when the costs of compensating this obligation exceed the price of the item sold.
- The SELLER will consider the complaint without undue delay. Not later than within 14 calendar days from the date of receipt of the complaint and will inform the CONSUMER in writing or by e-mail about the status of the complaint. If a complaint is left unanswered within this time, the complaint is deemed to be accepted.
- After accepting the complaint, the SELLER will reimburse the CONSUMER the costs related to the complaint and incurred by the CONSUMER. The SELLER will transfer the amount due to the CONSUMER to a bank account or by postal order.
- If the acceptance of the complaint is related to the repair or replacement of the goods – the SELLER will send the product back to the CONSUMER at his own expense.
I. Processing and protection of the CUSTOMER’s personal data
- The SELLER is the administrator of personal data.
J. Final provisions
- The contract is concluded in Polish and under the jurisdiction of Polish law. However, this choice does not deprive the consumer of the protection granted to the consumer by provisions that cannot be excluded by contract, under the law of the country where the consumer has his habitual residence, and the entrepreneur directs his activities to that country and the contract falls within the scope of this activity.
- The content of the Terms and conditions is available all the time in the TERMS AND CONDITIONS tab on the Seller’s website and may be copied and printed at any time by the Buyer. The content of the TERM AND CONDITIONS may also be sent at any time by e-mail or by post at the CUSTOMER’s request. TERMS AND CONDITIONS together with attachments are also delivered to the CUSTOMERS attached to the e-mail confirming the order and conclusion of the contract.
- In matters not covered by these Terms and conditions, the relevant legal provisions will apply, in particular:
- Act of 23 April 1964 Civil Code (Journal of Laws 1964 No. 16 item 93, as amended);
- Act of August 29, 1997 on the protection of personal data (Journal of Laws of 2002, No. 101, item 926, as amended);
- Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422);
- Act of June 30, 2000 Industrial Property Law (Journal of Laws of 2001, No. 49, item 508, as amended);
- Act of February 4, 1994 on copyright and related rights (Journal of Laws of 2006, No. 90, item 631, as amended),
- Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827)
- In the event that the TERMS AND CONDITIONS contain provisions contrary to the above-mentioned or other applicable rules in the Republic of Poland – these provisions shall take precedence over the wording of the TERMS AND CONDITIONS.
- If any of the provisions of these TERMS AND CONDITIONS is found to be illegal, invalid or otherwise unenforceable to the extent provided for by law, it shall be excluded in this regard. In the remaining scope, the Terms and conditions remain valid.
- All names of the PRODUCTS offered for sale by the ONLINE STORE are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law Act (Journal of Laws 2001 No. 49, item 5081, as amended).
- All photos posted on the WEBSITE are protected on the basis of the Act of February 4, 1994 on copyright and related rights – (Journal of Laws 1994 No. 24 item 83, as amended) – they have a creative and individual character. They cannot be copied without the consent of the Website Administrator.
- In the event of disputes related to the implementation of the concluded contract, the parties will endeavour to resolve the dispute by way of out-of-court arbitration – including resolution of the dispute before a mediator. If the dispute is not resolved amicably, the court competent to resolve the dispute will be the Common Court.
- Performing the obligation to indicate extrajudicial methods of dealing with complaints and redress and the rules of access to these procedures, we hereby inform you that:
- The municipal (poviat) consumer ombudsman helps residents in each poviat and city with poviat rights. Consumers can obtain free advice or legal information from him in matters relating to any type of dispute with a seller or service provider; regardless of the place of the entrepreneur’s seat. Sometimes the ombudsman intervenes with the trader on behalf of the consumer: presents his claims and the current legal status, and indicates the correct manner of considering the complaint. In addition, she provides assistance in the preparation of a lawsuit and can even join court proceedings already pending to act on behalf of and on behalf of consumers;
- it is possible to refer a case to a permanent consumer arbitration court, i.e. a court adjudicating in civil law disputes, operating at the provincial inspectorates of the Trade Inspection (WIIH) and at their branch offices. Consumer arbitration courts settle disputes between consumers and entrepreneurs if they arise from a concluded sales contract or a contract for the provision of services. The consent of both parties to the dispute is required for the consideration of the case. The court is composed of arbitrators appointed by representatives of entrepreneurs and consumers. Proceedings before an arbitration court are less formalized than proceedings before a state court, and their duration is also shorter. It is also much cheaper, as there is no entry fee, and the only costs may be the necessity to appoint experts. Contact details for permanent consumer arbitration courts are available on the website of the Office of Competition and Consumer Protection at: http://www.uokik.gov.pl/wazne_adresy.php#faq596;
- it is possible to refer the matter to mediation. It takes place at the provincial inspectorates of the Trade Inspection – mediation between the entrepreneur and the consumer, initiated at the consumer’s request or ex officio, is free of charge (except for the possible costs of opinions commissioned by experts). The task of the Trade Inspection is to objectively and independently present to the parties to the contract the current legal status and possible proposals for an amicable settlement of the dispute. The mediator sets a deadline for the parties to conclude an agreement. If it is exceeded or if at least one of the parties declares that it does not consent to such ending of the case, mediation is withdrawn. Contact details of the provincial inspectorates of trade control are available on the website of the Office of Competition and Consumer Protection at: http://www.uokik.gov.pl/wazne_adresy.php#faq595.
- get free help in resolving a dispute from the Consumer Federation by using the free consumer hotline 800 007 707.
- The content of the points above was taken from the website http://www.prawakonsumenta.uokik.gov.pl
- The content of the attachments is an integral part of these TERMS AND CONDITIONS.