Table of Contents:
1. General provisions
2. Electronic services in the online shop
3. Terms and conditions of conclusion of the Sale Agreement
4. Methods and time limits for payment for products
5. Cost, methods and time of delivery and pick-up of products
6. Complaints and return of the product
7. Withdrawal from agreement
8. Provisions relating to entrepreneurs
9. Final provisions
10. Withdrawal from agreement form
11. Complaint form
I. General provisions
1. b) The Online Shop available on the www.infinityfashion.pl website is run by AGNIESZKA SPYTKOWSKA operating under the business name of INFINITY AGNIESZKA SPYTKOWSKA, registered in the Business Activity Central Register and Information Record of the Republic of Poland kept by the minister responsible for economic affairs, having its registered office at ul. Walecznych 3/1 57-300 Kłodzko, NIP no. 8831717360, REGON no. 020136600, email address: email@example.com, phone no. +48 735 290 299
2. This Rules and Regulations document is aimed both at consumers and business customers using the Online Shop (with the exception of point IX hereof, which is dedicated only to business customers).
a) WORKING DAY - any day from Monday to Friday, excluding public holidays.
b) REGISTRATION FORM - a form available in the Online Shop, which allows creation of an account.
c) ORDER FORM - Electronic Service, an interactive form available in the Online Shop, which allows placement of an Order, in particular by adding Products to the electronic cart and determining the conditions of the Sale Agreement, including the method of delivery and payment.
(1) a natural person with full legal capacity, and in cases provided for by the applicable law, also a person with limited legal capacity;
(2) a legal person; or
(3) an organizational unit without legal personality, which is given legal capacity by the law; which has entered into or intends to enter into a Sales Agreement with the Seller.
e) CIVIL CODE - The Civil Code Act of 23 April 1964 (Dz. U. of 1964 no. 16, item 93, with amendments).
f) ACCOUNT - Electronic Service, a set of resources in the IT system of the Service Provider, identified by means of an individual name (login) and password indicated by the Service User, which collects data provided by the Service User and information concerning orders places at the Online Shop.
g) NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via email, which allows all Service Users subscribing to the service automatically receive cyclical information from the Service Provider regarding Products, news and discounts at the Online Shop.
h) PRODUCT - movable goods available at the Online Shop, which constitute subject of the Sale Agreement concluded between the Customer and the Seller.
i) RULES AND REGULATIONS - this Rules and Regulations document concerning the Online Shop.
j) ONLINE SHOP - online shop of the Service Provider available on the www.infinityfashion.pl website.
b) SELLER; SERVICE PROVIDER - AGNIESZKA SPYTKOWSKA operating under the business name of INFINITY AGNIESZKA SPYTKOWSKA, registered in the Business Activity Central Register and Information Record of the Republic of Poland kept by the minister responsible for economic affairs, having its registered office at ul. Walecznych 3/1 57-300 Kłodzko, NIP no. 8831717360, REGON no. 020136600, email address: firstname.lastname@example.org, phone no. +48 735 290 299
l) SALE AGREEMENT - a Product sale agreement concluded by and between the Customer and the Seller through the Online Shop.
m) ELECTRONIC SERVICE - a service provided electronically by the Service Provider for the Customer through the Online Shop.
n) SERVICE USER
(1) a natural person with full legal capacity, and in cases provided for by the applicable law, also a person with limited legal capacity;
(2) a legal person;
(3) an organizational unit without legal personality, which is given legal capacity; - using or intending to use the Electronic Service.
o) CONSUMER RIGHTS ACT, THE ACT - The Act of 30 May 2014 on consumer rights (Dz. U. of 2014 item 827, with amendments).
p) ORDER - Customer's declaration of intent filed by means of the Order form and leading directly to conclusion of the Product Sale Agreement with the Seller.
II. Electronic services in the online shop
1. The Online Shop offers the following Electronic Services: Account, Order form and Newsletter.
a) Account - the use of the account is possible after completion of three subsequent steps by the Service User
(1) filling in the Registration form;
(2) clicking on the "Create account" field; and
(3) confirmation of willingness to create the Account by clicking on the confirmation link sent automatically to the specified email address. The Registration form requires the following information concerning the Service User: name and surname / company name, address (street, house number / flat number, postal code, city, country), email address, phone number and password. In case of Customers who are not consumers, it is also required to indicate the company name and the tax identification number (NIP).
2. Technical requirements to use the IT system used by the Service Provider:
(1) A computer, laptop or other multimedia device with internet access;
(2) Access to email;
(3) Internet browser: Mozilla Firefox (version 17.0 or higher), Internet Explorer (version 10.0 and higher), Opera (version 12.0 and higher), *Google Chrome (version 23.0. and higher), Safari (version 5.0 or higher);
(4) Any resolution of the screen;
3. The Service User is obliged to use the Online Shop in a manner consistent with the law and morality, with respect for personal rights as well as copyright and intellectual property of the Service Provider and third parties. The Customer is obliged to enter factually correct data. The Service User mustn't provide illegal content.
III. Terms and conditions of conclusion of the Sale Agreement
1. Conclusion of the Sale Agreement between the Customer and the Seller takes place upon placement of an order by the Customer via the Order form in the Online Shop, in accordance with Section II (1a) of the Rules and Regulations.
2. Product price shown on the website of the Online Shop is expressed in Polish zloty and includes taxes. When placing an order via the Online Shop as well as when the Customer expresses the intent to conclude the Sale Agreement, a total price of a Product being subject of the Order is given, including taxes and delivery costs (including charges for transport, delivery and postal services) and other costs; if it is not possible to determine the amount of those fees - the Customer is informed about the obligation to pay them.
3. The procedure of conclusion of the Sale Agreement at the Online Shop using the Order form
a) Conclusion of the Sale Agreement between the Customer and the Seller takes place upon placement of an Order by the Customer at the Online Shop, in accordance with Section II (1a) of the Rules and Regulations.
b) after placement of the Order, the Seller shall immediately confirm receipt of the Order and, at the same time, the Seller begins processing of the order. Confirmation of receipt of the Order and its acceptance takes place by sending an email to the the Customer by the Seller to an email address specified when placing the Order; the email message includes at least a confirmation of the Seller of receipt of the Order and its acceptance, and confirmation of the Sale Agreement.
4. Registering, protecting and making the content of the Sale Agreement available to the Customer takes place by
(1) making these Rules and Regulations available on the website of the Online Shop, and
(2) sending an email to the Customer, as per Section III (3b) of the Rules and Regulations. The content of the Sale Agreement is additionally registered and protected in the IT system of the Online Shop of the Seller.
IV. Methods and time limits for payment for products
1. The Seller offers the following methods of payment for a subject of the Purchase Agreement:
a) Cash payment on delivery (COD).
b) Bank transfer to the bank account of the Seller.
Bank: mBank S.A.
Account number: 27 1140 2004 0000 3102 7611 9931.
c) Electronic payments and credit card payments through the PayU.pl service - current methods of payment are specified on the website of the Online Shop in the "Delivery and payment" section and on the http://www.payu.pl website.
Settlement of electronic payments by credit card payments are carried out through the PayU.pl service, in accordance with the choice of the Customer. Electronic payments and credit card payments are processed by:
- PayU.pl - PayU S.A. with its registered office in Poznań (address of the registered office: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of the National Court Register under the number 0000274399, registration files kept by the District Court for the City of Poznań - Nowe Miasto and Wilda; share capital in the amount of PLN 4,000,000, fully paid, NIP no.: 779-23-08-495.
2. Time limit for payment:
a) In case the Customer selects payment by a bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 3 calendar days from the date of the Sale Agreement.
b) In case the Customer selects cash payment on delivery (COD), the Customer is obliged to make payment on delivery.
V. Cost, methods and time of delivery
1. Products can be delivered in Poland and abroad.
2. Delivery of the Product to the Customer is paid, unless the Sale Agreement provides otherwise. Product delivery fees (including fees for transportation, delivery and postal services) are indicated to the Customer on the website of the Online Shop in the "Delivery and payment" section, and during the process of placement of the Order as well when the Customer expresses the intent to conclude the Sale Agreement.
3. The following methods of delivery and receipt of the Product are available to the Customer:
a) Delivery by GLS courier, and GLS cash-on-delivery service for national delivery.
b) GLS courier for international delivery.
c) Personal pick-up, only in Wrocław at ul. Leopolda Staffa 17 - 23.
4. The Product will be delivered to the Customer in Poland within 7 working days; in case of international shipment, this period extends to 14 working days, unless a shorter period is indicated in a Product description or when placing an order. The Product delivery period begins as follows:
a) in case the Customer selects a bank transfer, electronic payment or credit card payment method - from the day of crediting bank account or settlement account of the Seller.
b) in case the Customer selects cash payment on delivery (COD) - from the date of conclusion of the Sale Agreement.
c) if the Customer selects international delivery, COD is not available.
VI. Complaints and return of the product
1. Any complaints and intentions to return the product should be filed by means of a completed form via e-mail to email@example.com or sent to the following address: Infinity
ul. Leopolda Staffa 17-23
2. Returned goods should be properly protected, packaged and sent back to the address of the shop: Infinity, ul. Leopolda Staff 17-23, 51-144 Wrocław, together with a receipt and enclosed complaint or return protocol which can be downloaded from the www.infinityfashion.pl website.
3. Note: In case of returns or complaints a receipt is required.
4. The Seller will address complaints or return intentions as soon as possible, no later than within 14 calendar days from the date of submission thereof. Note: The complaint or return procedure takes place based on a correctly completed complaint form or return form available on www.infinityfashion.pl; the receipt is required as well. Any other form or incorrectly completed form may cause a delay in addressing the complaint.
5. The full scope of responsibilities and obligations of the Seller in relation to the Customer is determined by applicable laws, in particular by the Civil Code. In case of sale agreements, the basis and obligations of the Seller in relation to the Customer for non-compliance of the product with the sale agreement are determined by applicable laws concerning consumer sales.
6. The Customer shall be charged delivery fee for any exchange of the product.
VII. Withdrawal from agreement
1. The Customer, who is a consumer within the meaning of Article 22 (1) of the Civil Code is entitled - by law - to withdraw from a distance agreement without stating reasons, by making a statement in writing within 14 days and sending it to the address of the Service Provider specified in these Rules and Regulations.
2. The period of 14 days begins on the day of delivery of the Product 3. In case of withdrawal from a distance agreement, the agreement shall be considered not concluded. What the parties rendered shall be returned unchanged, unless a change was necessary and subject to mutual consent. The return should take place immediately, not later than within 14 days. The purchased goods are to be returned to the following address: Infinity, ul. Infinity
ul. Leopolda Staffa 17-23
4. Goods returned by the Customer should be packed in an appropriate way to ensure no damage to the shipment during transport.
5. The cost of packing and returning the goods shall be borne by the customer.
VIII. Provisions relating to entrepreneurs
1. This section of the Rules and Regulations and the provisions contained herein shall apply only to Customers and Service Users who are not consumers.
2. The Seller has the right to withdraw from the Sale Agreement concluded with the Customer who is not a consumer within 14 calendar days of its conclusion. Withdrawal from the Sale Agreement may in this case be effected without specifying any reason and is not a basis of any claims of the Customer who is not a consumer against the Seller.
3. In case of Customers who are not consumers the Seller has the right to restrict available methods of payment as well as require a full prepayment, regardless of the payment method chosen by the Customer and the fact of conclusion of the Sale Agreement.
4. Along with passing the Product to a carrier, the Customer who is not a consumer is transferred the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. The Seller in this case is not responsible for loss, partial loss or damage to the Product that take place from the time of acceptance of the Product for transport by a carrier up to collection of the Product by the Customer, nor is the Seller responsible for delayed delivery.
5. In case of sending the Product to the Customer by a courier company, the Customer who is not a consumer is obliged to examine the shipment in time and in the manner adopted for shipments of this kind. If the Customer decides that transporting resulted in a loss or damage to the Product, the Customer is obliged to perform all actions necessary to determine the liability of the courier.
6. In accordance with Article 558 (1) of the Civil Code, Seller's liability for the Product under warranty in relation with the Customer who is not a consumer is excluded.
7. In case of Service Users who are not consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by informing the Service User in writing.
8. Responsibility of the Service Provider / Seller in relation to the Service User / Customer who is not a consumer, regardless of its legal basis, is limited - both in case of a single claim, as well as for all claims in total - to the amount of the price paid and delivery costs as per the Sale Agreement, however the amount does not exceed PLN 1,000. The Service Provider / Seller is liable in relation to the Service User / Customer who is a consumer only for typical damage predictable at the time of conclusion of the Sale Agreement and shall not be liable for loss of profit in relation to the Service User / Customer who is not a consumer.
9. Any disputes between the Seller / Service Provider and the Customer / Service User who is not a consumer shall be settled by a court competent for the registered seat of the Seller / Service Provider.
IX. Final provisions
1. Agreements concluded by the Online Shop are concluded in the Polish language.
2. Changes to the Rules and Regulations:
a) The Service Provider reserves the right to make changes to the Rules and Regulations for important reasons, such as: changes in the law; changes in methods of payment and delivery - to the extent to which these changes affect execution of the provisions of these Rules and Regulations.
b) In case of conclusion of continuous agreements on the basis of these Rules and Regulations (e.g. provision of Electronic Services - Account) amended regulations are binding for the Service User if the requirements of Article 384 and 384 (1) of the Civil Code were observed, that is, the Customer was properly informed about the changes and did not terminate the agreement within 14 calendar days from the date of notification. In case a change to the Rules and Regulations results in introduction of any new fees or increase in existing fees, the Customer who is a consumer has the right to withdraw from the contract.
c) In case of conclusion of agreements of non-continuous type on the basis of these Rules and Regulations (e.g. the Sale Agreement), any changes to the Rules and Regulations shall in no way infringe rights acquired by the Service Users / Customers who are consumers prior to entry of the changes to the Rules and Regulations into force, and in particular any changes to the Rules and Regulations shall not affect already placed Orders or Orders in the process of placement, as well as concluded, processed and executed Sale Agreements.
3. Cases not covered by the provisions of these Rules and Regulations shall be governed by generally applicable provisions of the Polish law, including: Civil Code; Act on Rendering Electronic Services of 18 July 2002 (Dz. U. of 2002 No. 144, item 1204, with amendments); in case of Sale Agreements concluded before 24 December 2014 with Customers who are consumers - the provisions of Act of 2 March 2000 on protection of some consumer rights and liability for damage caused by a dangerous product (Dz. U. of 2000 No. 22, item 271, with amendments) and the Act of 27 July 2002 on special terms and conditions of consumer sales and amendment of the Civil Code (Dz. U. of 2002 No. 141, item 1176, with amendments); in case of Sale Agreements concluded from 25 December 2014 onwards with Customers who are consumers - the provisions of the Act of 30 May 2014 on consumer rights (Dz. U. of 2014 item 827, with amendments); and other relevant provisions of applicable law.
X. Withdrawal from Agreement
XI. Complaint form.