Terms and Conditions
Conclusion of contract between the Buyer and the Seller can be made in two ways.
Before placing an order, the Buyer shall have the right to negotiate any provisions of the agreement with the Seller, including any amendments to these terms and conditions. Such negotiations shall be conducted in writing and addressed to the Seller (slaviwear.com Patrycja Czyż os.Sikorskiego, 44-240 Żory).
If the Buyer renounces the possibility to conclude an agreement through individual negotiations, the following rules and applicable laws shall apply.
Postal address - name and surname or name of the institution, location in the town (in the case of a town divided into streets: street, building number, apartment number or premises; in the case of a town not divided into streets: name of the town and property number), postal code and town.
2. complaint address:Slavi WearFPH Patek Patrycja Czyż ul. Bałdyka 10 44-240 Żory
3. slaviwear.com Patrycja Czyż
4th Delivery price list - at slaviwear.com/supply you can find the list of available delivery types and their costs.
Contact information: slaviwear.com Patrycja Czyż ,Bałdyka 10 ,44-240 Żory e-mail: email@example.com
6. delivery - type of transportation service including carrier and cost listed in the price list at slaviwear.com/delivery
7. proof of purchase - invoice, bill or receipt issued in accordance with the Value Added Tax Act of 11 March 2004 as amended and other applicable legislation
8. product card - a single subpage of the store containing information about a single product.
9. Customer - an adult person with full legal capacity, legal entity or organizational unit without legal personality but with legal capacity, making a purchase at the Seller's directly related to its business or professional activities.
10. Civil Code - the Civil Code Act of 23 April 1964 as amended.
11. Code of Good Practice - a set of rules of conduct, and in particular the ethical and professional standards referred to in Article 2(5) of the Act on Counteracting Unfair Competition. 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007 as amended.
12. Consumer - an adult individual with full legal capacity, making a purchase at the Seller not directly related to their business or professional activities.
13. Shopping Cart - a list of products offered in the store based on the Buyer's choices.
14. Buyer - both Consumer and Customer.
15. Place of delivery - postal address or collection point indicated in the order by the Buyer. 16.
16. Moment of release - the moment at which the Buyer or a third party indicated by him to take possession of the goods.
17. online ODR platform - EU online service operating on the basis of the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC and available at https://webgate.ec.europa.eu/odr.
18. payment - the method of payment for the subject of the contract and delivery listed at slaviwear.com/platnosc
19. authorized entity - an entity entitled to out-of-court resolution of consumer disputes within the meaning of the Act on out-of-court resolution of consumer disputes of 23 September 2016, as amended.
20. consumer law - the Consumer Rights Act of 30 May 2014. 21. Product - the minimum and indivisible quantity of items that can be the subject of an order, which is given in the Seller's store as a unit of measure when determining its price (price/unit).
22. the subject of the contract - the products and delivery that are the subject of the contract.
23. Subject of performance - the subject of the contract.
24. Collection point - the place of issue of the items that is not a postal address, listed in the list provided by the Seller in the store.
25. OCCP Register ¬- the register of authorized entities maintained by the Office of Competition and Consumer Protection under the Act on out-of-court resolution of consumer disputes of 23 September 2016, as amended, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
26. thing - a movable thing that can be or is the subject of a contract.
27. store - the online service available at slaviwear.com, through which the Buyer can place an order.
29. slaviwear.com Patrycja Czyż, os.Sikorskiego, 44-240 Żory
NIP: 651-168-63-03, REGON: 365122625, GIODO: 123456 registered and visible in the CEIDG register at: https://prod.ceidg.gov.pl/ceidg/ceidg.public.ui/En...
BANK ACCOUNT: 02 1020 2472 0000 6602 0509 9066
30. System - a set of cooperating IT devices and software, providing for processing and storage, as well as sending and receiving data through telecommunication networks by means of a terminal device appropriate for the given type of network, commonly referred to as the Internet.
31. Lead time - the number of hours or working days specified in the product card.
32. Contract - a contract concluded off-premises or at a distance within the meaning of the Consumer Rights Act of 30 May 2014 for Consumers and a contract of sale within the meaning of Article 535 of the Civil Code Act of 23 April 1964 for Buyers.
33. Defect - both a physical defect and a legal defect.
34. Physical defect - non-compliance of the sold thing with the agreement, in particular if the thing:
a. it does not have the properties that a thing of this kind should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
b. does not have the properties, about the existence of which the Seller assured the Consumer,
c. is not suitable for the purpose, about which the Consumer informed the Seller at the conclusion of the contract, and the Seller has not raised any objections to such purpose;
d. has been delivered to the Consumer in an incomplete state;
e. in the event of improper installation and commissioning, if these activities have been carried out by the Seller or a third party for which the Seller assumes liability, or by the Consumer who acted in accordance with the instructions received from the Seller;
f. it does not have the properties, which was assured by the manufacturer or his representative or the person, who introduces a thing to the market in the scope of his business activity and the person, who by placing his name, trademark or other distinctive sign on the sold thing presents himself as the manufacturer, unless the Seller did not know these assurances and, judging reasonably, could not have known or they could not have influenced the Consumer's decision to conclude the contract, or if their content has been corrected before the conclusion of the contract.
§2 General conditions
1. The contract is concluded in the Polish language, in accordance with Polish law and these Regulations.
2. The place of delivery of items must be located in the Polish territory of the Republic of Poland.
3. The Seller is obliged and undertakes to provide services and deliver items free from defects.
4. all prices provided by the Seller shall be expressed in Polish currency and shall be gross prices (including VAT). Product prices do not include delivery costs, which are specified in the delivery price list. 5.
5. All time limits shall be calculated in accordance with Article 111 of the Civil Code, i.e. a time limit expressed in days shall expire on the last day, and if the beginning of a time limit expressed in days is an event, the day on which this event occurred shall not be taken into account in calculating the time limit.
6. Confirmation, access, recording, securing all material provisions of the contract for future access to this information shall be in the form of:
a. order confirmation by sending to the indicated e-mail address: order, pro forma invoice, information about the right to withdraw from the contract, these terms and conditions in pdf version, model withdrawal form in pdf version, links to download the terms and conditions and model withdrawal from the contract;
b. to attach to the completed order, sent to the designated place of delivery of the goods, printed copies of: the proof of purchase, information about the right to withdraw from the contract, these regulations, specimen withdrawal form.
§3 Conclusion of the contract and performance
1. Orders can be placed́ 24 hours a day̨.
2. To place an order the Buyer should perform at least the following actions, some of which may be repeated several times:
a. adding the product to the basket;
b. choosing the type of delivery;
c. select the type of payment;
d. select the place of delivery of the item;
e. placing an order in the store by using the button "Order with obligation to pay".
§4 Right of withdrawal
1. The consumer, pursuant to Article. 27 of Consumer Law has the right to withdraw from the contract concluded at a distance, without giving any reason and without bearing costs, except for the costs referred to in Article. 33, Article 34 of Consumer Law.
2. Period for withdrawal from the remote contract is 14 days from the date of issue of items, and to keep the deadline is sufficient to send a statement before its expiry.
3. Consumer may submit a statement of withdrawal from the contract on the form, a specimen of which is attached as Appendix 2 to the Consumer Law, on the form available at slaviwear.com/formula-return or in another form in accordance with the Consumer Law.
4. The Seller shall promptly confirm to the Consumer by e-mail (provided at the conclusion of the contract and other if it has been specified in the submitted statement) receipt of notice of withdrawal from the contract.
5. In the case of withdrawal from the contract, the contract is considered as not concluded.
6. The consumer must return the item to the Seller immediately, but no later than 14 days from the date when you withdraw from the contract. To comply with the deadline is sufficient to return items before its expiry.
7. The consumer sends back things that are the subject of the contract from which he has withdrawn at his own expense.
8. The consumer shall not bear the costs of delivery of digital content that is not recorded on a tangible medium, if he has not consented to the performance before the expiry of the deadline for withdrawal or has not been informed of the loss of his right of withdrawal when giving such consent or the trader has not provided confirmation in accordance with Article. 15 (1) and Article 21 (1) of the Consumer Law.
9. The consumer is liable for any diminution in the value of things being the subject of the contract and resulting from using it in a manner beyond that necessary to ascertain the nature, characteristics and functioning of things.
10. The Seller shall immediately, no later than within 14 days from the date of receipt of notice of withdrawal from the contract filed by the Consumer will return to the Consumer all payments made by him, including the costs of delivery of the item to the Consumer, and if the Consumer has chosen a method of delivery other than the cheapest ordinary delivery offered by the Seller, the Seller shall not reimburse additional costs to the Consumer in accordance with Article 33 of the Consumer Law.
11. The Seller shall reimburse the payment using the same method of payment used by the Consumer, unless the Consumer has explicitly agreed to another way of payment, which is not associated with any costs for him.
12. The Seller may withhold the reimbursement of the payment received from the Consumer until receipt of the item back or delivery by the Consumer of proof of its return, whichever event occurs first.
13. The consumer in accordance with Article 38 of the Consumer Law shall not have the right to withdraw from the contract:
a. 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 end of the period for withdrawal;
b. in which the subject matter of the performance is a thing not prefabricated, produced according to the specification of the consumer or serving to meet his individual needs;
c. in which the subject matter of the performance is a thing subject to rapid deterioration or having a short period of usefulness for use;
d. in which the subject matter of the performance is a thing delivered in a sealed package that cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery;
e. in which the subject matter of the performance are things that after delivery, due to their nature, are inseparable from other things;
f. in which the subject matter of the performance are sound or visual recordings or computer programs supplied in sealed packaging, if the packaging has been opened after delivery;
g. for the supply of digital content which is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the end of the deadline for withdrawal from the contract and after informing him by the trader of the loss of the right of withdrawal;
h. for the supply of newspapers, periodicals or magazines, except for a subscription agreement.
1. Seller under Article. 558 § 1 of the Civil Code completely excludes liability to customers for physical and legal defects (warranty).
2. Seller is responsible to the Consumer under the terms of Article. 556 Civil Code and subsequent for defects (warranty).
3. In the case of an agreement with the Consumer if the physical defect was found before the expiry of a year from the release of things, it is assumed that it existed at the time of passing of danger to the Consumer.
4. Consumer if the sold thing has a defect, may:
a. make a statement to request a price reduction;
b. make a statement on withdrawal from the contract;
unless the Seller shall immediately and without excessive inconvenience to the Consumer replace the defective thing for a thing free from defects or remove the defect. If, however, the item has already been replaced or repaired by the Seller or the Seller has failed to satisfy the obligation to replace the item with a defect-free item or remove the defect, he has no right to replace the item or remove the defect.
5. The Consumer may instead of the removal of defects proposed by the Seller to require replacement of the item for defect-free or instead of the replacement of the item to require removal of defects, unless bringing the item to conformity with the contract in the way selected by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, while assessing the excess of costs shall take into account the value of the defect-free item, the type and importance of the defect, and also take into account the inconvenience to which the Consumer would be exposed by another way of satisfaction.
6. The consumer may not withdraw from the contract if the defect is insignificant.
7. The consumer if the sold thing has a defect, may also:
a. demand to replace the thing with a defect-free one;
b. require the removal of defects.
Otherwise it is considered that recognized as reasonable the statement or demand of the Consumer.
15. Seller shall be liable under the warranty if a physical defect is found before the expiry of two years from the date of release of the item to the Consumer, and if the subject of the sale is a used thing before the expiry of a year from the date of release of the thing to the Consumer.
16. Consumer claim to remove the defect or replacement of the sold thing to a defect-free shall expire after one year, counting from the date of finding the defect but not before the expiry of two years from the moment of release of the thing to the Consumer, and if the subject of sale is a used thing before the expiry of the year from the moment of release of the thing to the Consumer.
17. In the event that the term specified by the Seller or the manufacturer of the item expires after two years from the moment of handing over the item to the Consumer, the Seller shall be liable under the warranty for physical defects of the item identified before the expiry of this period.
18. Within the time limits specified in § 5 points 15-17, the Consumer may submit a statement of withdrawal from the contract or reduction in price due to a physical defect of the sold thing, and if the Consumer has requested replacement of the thing to be free from defects or removal of defects, the course of the deadline for submission of a statement of withdrawal from the contract or reduction in price begins upon ineffective expiry of the deadline for replacement of the thing or removal of defects. 19. If one of the rights under the warranty is asserted before a court or arbitration court, the time limit for exercising other rights to which the Consumer is entitled under this title is suspended until the proceedings are finally concluded. Accordingly, shall also apply to mediation proceedings, whereby the time limit for the exercise of other rights under the warranty to which the Consumer is entitled starts running from the date of refusal by the court to approve a settlement reached before the mediator or ineffective termination of mediation.
20. The exercise of rights under the warranty for legal defects of the sold thing shall be governed by § 5 points 15-16, except that the period begins on the date on which the Consumer learned of the existence of a defect, and if the Consumer learned of the existence of a defect only as a result of third party action - from the date on which the judgment issued in the dispute with the third party became final.
21. If due to a defect in the item the Consumer made a statement of withdrawal from the contract or reduction in price, he may demand compensation for damage suffered by him because he concluded the contract, not knowing of the defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular may request reimbursement of costs of conclusion of the contract, the costs of collection, carriage, storage and insurance of the goods, reimbursement of made expenditures to the extent that he did not benefit from them, and did not receive their return from the third party and reimbursement of legal costs. This shall be without prejudice to the provisions on the obligation to compensate for damage under the general rules.
22. The expiration of any time limit for determining the defect shall not exclude the exercise of rights under the warranty if the Seller deceitfully concealed the defect.
23. The Seller if he is obliged to provide a benefit or financial performance for the Consumer shall perform them without undue delay, no later than the date provided by law.
1. the administrator of the personal data submitted by Consumers of the store is the Seller.
2. Seller undertakes to protect personal data in accordance with the Act on Personal Data Protection of 29 August 1997 and the Act on Electronic Services of 18 July 2002. By providing the Seller with their personal data when placing an order, the Buyer agrees to their processing by the Seller for the purpose of fulfilling the order. Buyer at any time has the opportunity to inspect, correct, update and delete their personal data.
§7 Final Provisions
1. of the provisions of these terms and conditions is intended to violate the rights of the Buyer. Neither can it be interpreted in this way, since in the event that any part of these terms and conditions is inconsistent with the applicable law, the Seller declares his unconditional compliance with the law and application of this law in place of the challenged provision of the terms and conditions.
2. Registered Buyers will be notified electronically (to the e-mail address indicated during registration or ordering) of changes to the regulations and their scope. The notice will be sent at least 30 days before the new rules come into force. Changes will be made in order to adapt the regulations to the current state of the law. 3.
3. The current version of the terms and conditions is always available to the Buyer in the terms and conditions section (slaviwear.com/regulations). The terms and conditions accepted by the Buyer at the time of order processing and throughout the after-sales care period shall apply to the Buyer. Except in the event that the Consumer considers it less favourable than the current one and informs the Seller of the choice of the current one as applicable.
4. In matters not covered by these terms and conditions shall be applicablę the relevant applicable laws. Any disputable issues, if the Consumer so wishes, shall be resolved through mediation proceedings before Provincial Inspectorates of Trade Inspection or arbitration proceedings before an arbitration court at the Provincial Inspectorate of Trade Inspection. The Consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, e.g. via the ODR EU online platform or by choosing any entity authorized from among.
35. Legal defect - a situation where the sold thing is the property of a third party or is encumbered with the right of a third party, and also if the restriction of the use or disposal of the thing results from the decision or ruling of a competent authority.
Order - a statement of intent by the Buyer made via the store, specifying clearly: the type and quantity of products, type of delivery, type of payment, the place of release of items, Buyer's data and aiming directly at concluding an agreement between the Buyer and Seller. 7.
7. Seller informs about known warranties granted by third parties for the products located in the store.
8. The Seller does not charge any fees for communication with him using the means of distance communication, and the Buyer shall bear the costs of it in the amount resulting from the contract that he has concluded with a third party providing him with a particular service allowing for remote communication.
9. The Seller ensures that the Buyer using the system correctnesśs operation of the store in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with horizontal resolution above 1024 px. The use of third-party software affecting the operation and functionality of the Internet Explorer, FireFox, Opera, Chrome and Safari browsers may affect the correct display of the store.
10. Buyer can use the option to remember his data by the store to facilitate the process of placing another order. For this purpose, the Buyer should provide a login and password necessary to access his account. Login and password are a string of characters determined by the Buyer, who is obliged to keep them secret and protect them against unauthorized access by third parties. The Buyer has at any time the ability to view, correct, update data and delete their account in the store.
11. The Seller adheres to the code of good practice.
12. Buyer is obliged to:
a.a. not to provide and not to transmit content prohibited by law, such as content that promotes violence, defamatory or violating personal rights and other rights of third parties,
a.b. to use the store in a manner not disruptive to its operation, in particular by using specific software or devices,
a.c. not to take actions such as: sending or posting in the store unsolicited commercial information (spam),
a.d. to use the store in a manner not burdensome to other buyers and the Seller,
a.e. to use any content of the store only for personal use,
a.f. use of the store in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Rules, as well as with the general principles of netiquette.
Third Conclusion of the contract with the Consumer takes place when you place an order.
4. Implementation of the Consumer order paid cash on delivery takes place immediately, and the order paid by transfer or via electronic payment system after crediting the payment of the Consumer on the account of the Seller, which should take place within 30 days of ordering, unless the Consumer was unable to fulfill the contract due to no fault of his own and informed the Seller of this.
5. Conclusion of the contract with the Consumer takes place when the order is accepted by the Seller, of which he informs the Consumer within 48 hours of ordering.
6th Implementation of the Customer's order paid on delivery takes place immediately after the conclusion of the contract, and the order paid by bank transfer or via electronic payment system after the conclusion of the contract
The execution of the Customer's order may be subject to the terms of the contract and the Client's payment is credited to the account of the Seller.
7. Implementation of the Customer's order may be subject to payment of all or part of the order or obtaining merchant credit limit of at least the value of the order or the consent of the Seller
The Seller's consent to send an order on delivery (paid on delivery).
8. The subject of the contract shall be dispatched within the period specified in the product card, and for orders consisting of multiple products in the longest
within the longest time limit from those specified on the
product cards. The deadline begins when the order is completed.
9. Purchased subject of the contract is together with a sales document selected by the Buyer
shipped by selected by the Buyer type of delivery to the place of issue of the goods indicated by the Buyer in the order, together with attachments referred to in §2 point 6b.
8. Seller is obliged to replace the defective item to free from defects or remove the defect in a reasonable time without undue inconvenience to the Consumer. 9. The Seller may refuse to satisfy the Consumer's request if bringing the defective goods to conformity with the contract in a manner selected by the Buyer is impossible or in comparison with other possible ways to bring the goods to conformity with the contract would require excessive costs.
In the case where the defective item has been installed, the Consumer may request the Seller
disassembly and reassembly after the exchange for defect-free goods or removal of defects, but is obliged to bear part of the related costs exceeding the price of the thing sold or may request the Seller to pay part of the costs of disassembly and reassembly, up to the price of the thing sold. In the event of non-performance of obligations by the Seller, the Consumer is entitled to make these actions at the expense and risk of the Seller.
11. The Consumer who exercises rights under the warranty, is obliged at the expense of the Seller to deliver the defective item to the complaint address, and if due to the nature of the item or the way it is installed delivery of the item by the Consumer would be too difficult, the Consumer
is obliged to make the thing available to the Seller
at the place where the thing is located. In the case of non-performance of this obligation by the Seller, the Consumer is entitled to return the item at the expense and risk of the Seller.
12. The cost of replacement or repair shall be borne by the Seller, except for the situation described in §5 point 10.
13. The Seller is obliged to accept from the Consumer defective item in the event of replacement of the item to a defect-free or withdrawal from the contract.
14. Seller within fourteen days to respond to based on Article. 5615 of the Civil Code: statements of request to reduce the price, request to replace the item to be free from defects, request the removal of defects. Seller within thirty days (Article 7a of the Consumer Law) shall respond to any other statement of the Consumer, which does not apply to the deadline of fourteen days specified in the Civil Code.