TERMS AND CONDITIONS EFFECTIVE AS OF 01.01.2023.
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- PROTECTION OF PERSONAL DATA
- DEFINITIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- TERMS CONDITIONS FOR CONCLUDING A SALES AGREEMENT
- METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
- COST, METHODS, AND TIME OF DELIVERY AND PICK-UP OF THE PRODUCT
- PRODUCT COMPLAINTS
- OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND THE RULES FOR ACCESSING THESE PROCEDURES
- RIGHT TO CANCEL THE SALES AGREEMENT
- PROVISIONS REGARDING BUSINESS ENTITIES
- CUSTOMER SATISFACTION SURVEY
- COPYRIGHTS
- FINAL PROVISIONS
The Online Store www.sklep.avalingerie.pl takes care of consumer rights. The consumer may not waive the rights granted to him or her under the Consumer Rights Act. Provisions of the agreements that are less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid and the provisions of the Consumer Rights Act shall be applied instead. Therefore, the provisions of these Terms and Conditions are not meant to exclude or limit any rights of consumers to which they are granted under the mandatory provisions of law, and any possible doubts are to be interpreted in favor of the consumer. In the event of any discrepancy between the provisions of these Terms and Conditions and the aforementioned mandatory provisions of law, the latter provisions shall prevail and shall be implemented.
1. GENERAL PROVISIONS
1.1. The Online Store available at the web address www.sklep.avalingerie.pl is operated by the company AVA Ltd., with its registered office in Bialystok (registered office and delivery address: 34A Kleeberg St., Bialystok 15-691); entered in the Register of Business Entities of the National Court Register under the National Court Register Number (KRS) 0000118196; the register court, where the company's documentation is kept: District Court in Bialystok, XII Economic Division of the National Court Register; share capital of PLN 50,000.00; Tax Identification Number (NIP): 5422453726; National Business Registry Number (REGON): 008125304; e-mail address: sklep@avalingerie.pl, contact phone number: +48 85 744 59 83 and fax number: +48 85 744 59 83.
1.2. These Terms and Conditions are addressed to both consumers and business entities using the Online Store (except for point. 11 of the Terms and Conditions, which is addressed exclusively to business entities).
1.3. In order to be able to properly use the features available within the Online Store, you must meet the necessary Technical Requirements, as further referred to in the following section of the Terms and Conditions.
1.4. Accepting these Terms and Conditions is voluntary, but necessary to use the Online Store, including the creation of an account in the Online Store or the placement of a Purchase Order.
2. PROTECTION OF PERSONAL DATA
2.1. In accordance with Article 13 of the General Data Protection Regulation of 27 April 2016 (Official Journal of the EU L 119 of 04.05.2016), please be informed that:
2.1.1. The administrator of your personal data is AVA Ltd., located at 34A General Francis Kleeberg St., Bialystok 15-691;
2.1.2. The personal data you provide will be processed:
a. for the purpose of creating and maintaining a customer account - based on Article 6(1)(b) of the General Data Protection Regulation of 27 April 2016 - in order to maintain the customer account, until the account is terminated. Providing personal data is voluntary, however, failure to do so will result in the inability to set up a customer account and to place purchase orders through it. The recipient of your data will be the hosting provider;
b. for the purpose of concluding mail order sales agreements, their handling, and performance - based on Article 6(1)(b) of the General Data Protection Regulation of 27 April 2016 - for the purpose of concluding and performing the sales agreement, for a period of 3 months counting from the end of the year in which the sales agreement was concluded. Providing personal data is voluntary, but failure to do so will result in the inability to process purchase orders. The recipient of your data will be the hosting provider and the shipping company through which the delivery of the purchase order will take place, the online payment service provider - in the case of payment processing through an online payment service provider;
c. for the promotion of the Administrator's own merchandise - based on Article 6(1)(f) of the General Data Protection Regulation of 27 April 2016 - until you express your objection to receiving marketing information or until the business grounds cease to exist. Providing personal data for the purpose of receiving marketing information is voluntary. Potential recipients of the data are the hosting provider, the company providing marketing services to the Administrator, and the provider of the software used to send marketing information;
d. for the purpose of sending offers from partners of AVA Ltd. - based on Article 6(1)(a) of the General Data Protection Regulation of 27 April 2016 - based on the data subject's consent, until he or she expresses an objection to receiving marketing information or until the business grounds cease to exist. Providing personal data in order to receive marketing information is voluntary. Potential recipients of the data are the hosting provider, the company providing marketing services to the Administrator, the provider of the software used to send marketing information, AVA Ltd.'s partners;
e. for the purpose of collecting information related to the user's utilization of the Online Store (Cookie files) - based on Article 6(1)(f) of the General Data Protection Regulation of 27 April 2016 - and precisely for the purpose of maintaining the user's session (after logging in), thanks to which the user does not have to re-enter the Login and Password credentials on each sub-page of the Online Store, adapting and optimizing the Online Store to the needs of Customers, creating viewing statistics for the sub-pages of the Online Store, ensuring the safety and reliability of the Online Store - the recipient of the above data will be the supplier of the website software and website hosting, Google Inc. headquartered in the USA. The data processed in this respect will be processed until the business grounds cease to exist. For more information, please see the Privacy Policy at https://sklep.avalingerie.pl/content/12-polityka-prywatnosci.
2.2.3. Data subjects have the right to request from the Administrator access to their personal data, the right to rectification, the right to data portability, and, in the case of data processing based on consent, the right to erasure or restriction of processing, the right to object to processing, the right to withdraw consent at any time. To exercise the aforementioned rights, please send an email to: biuro@avalingerie.pl;
2.2.4. You have the right to submit a complaint to the supervisory authority;
2.2.5. Your data will not be subject to profiling.
3. DEFINITIONS
The following terms used in the Terms and Conditions have the following meanings unless the Terms and Conditions or the context of their use clearly indicates otherwise:
3.1. ADDRESS FOR COMPLAINTS - 34A Kleeberg St., Bialystok 15-691;
3.2. PRICE - expressed in Polish zloty (PLN) (or for reference purposes expressed in another currency), as gross payment, i.e. the final payment including applicable tax due to AVA Ltd. in connection with transferring the ownership of the purchased Product to the Customer according to the Sales Agreement. The price does not include the costs of Delivery unless the terms and conditions of a promotion arranged by the Seller regulate the above in a separate manner (for the benefit of the Customer);
3.3. DELIVERY RATES - a list of available Delivery types and their costs located at: https://avalingerie.pl/content/8-koszty-dostawy-i-formy-platnosci;
3.4. CONTACT DETAILS: AVA Ltd., with registered office in Bialystok (registered office and delivery address: 34A Kleeberg St., Białystok 15-691); e-mail: sklep@avalingerie.pl, phone +48 85 744 59 83;
3.5. DELIVERY - the type of transport service including the carrier and the cost of the service as listed in the Delivery Rates;
3.6. PROOF OF PURCHASE - e.g. an invoice, bill, or receipt issued in compliance with the Act of 11 March 2004 on Value Added Tax (consolidated text: Journal of Laws of 2022, Item 931, as amended) and other relevant provisions of law, card payment receipt, bank statement;
3.7. BUSINESS DAY - any day from Monday to Friday except public holidays;
3.8. REGISTRATION FORM - a form available in the Online Store which allows creating an Account;
3.9. PURCHASE ORDER FORM - an Electronic Service; an interactive form available in the Online Store that enables the placing of a Purchase Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment;
3.10. PRODUCT PAGE - a single sub-page of the Online Store containing information about a single Product;
3.11. CUSTOMER - (1) a physical person with full legal capacity, and in cases provided for by generally applicable laws, also a physical person with limited legal capacity, (2) a legal person, or (3) an organizational unit without legal status, which is granted legal status by law; - who has concluded or intends to conclude a Sales Agreement with the Seller;
3.12. CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended);
3.13. CODE OF CIVIL PROCEDURE - the Act of 17 November 1964 Code of Civil Procedure (consolidated text: Journal of Laws of 2021, item 1805, as amended);
3.14. CONSUMER - a physical person performing a legal action, particularly entering into an agreement, not directly related to his or her economic or professional activity, particularly when the content of the action (including the agreement) indicates that it is not of a professional nature for that person, resulting particularly from the subject matter of the business activity performed by that person, made available based on the regulations on the Central Register and Information on Business Activity;
3.15. ACCOUNT - Electronic Service, a resource set in the Service Provider's ICT system, identified by an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Purchase Orders placed by the Customer in the Online Store are stored;
3.16. SHOPPING BASKET - a list of Products composed of the products offered in the Online Store based on the Customer's choices;
3.17. NEWSLETTER - Electronic Service, an electronic distribution service rendered by the Service Provider via e-mail, enabling all Service Recipients who use it to automatically receive from the Service Provider the cyclic content of consecutive issues of a newsletter containing information about Products, news, and promotions in the Online Store;
3.18. PAYMENT - the method of making payment with respect to the Sales Agreement;
3.19. COPYRIGHT - the Act of 4 February 1994 on copyright and related rights (consolidated text: Journal of Laws of 2022, item 2509, as amended);
3.20. CONSUMER LAW - Law of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2020 , item 287, as amended);
3.21. PRODUCT/GOODS - a tangible movable item available in the Online Store which is the subject of a Sales Agreement between the Customer and the Seller;
3.22. SUBJECT OF THE AGREEMENT - the Products and Delivery being the subject matter of the Sales Agreement;
3.23. BUSINESS ENTITY - a physical person, a legal person, or an organizational entity which is not a legal person and to which the law grants legal capability, who makes a purchase from the Seller directly related to their business or professional activity;
3.24. TERMS AND CONDITIONS - these Terms and Conditions regarding the Online Store;
3.25. ONLINE STORE - The Service Provider's Online Store available at the web address www.sklep.avalingerie.pl;
3.26. SELLER; SERVICE PROVIDER - AVA Ltd., with its registered office in Bialystok (registered office and delivery address: 34A Kleeberg St., Bialystok 15-691); entered in the Register of Business Entities of the National Court Register Number (KRS): 0000118196; the register court, where the company's documentation is kept: District Court in Bialystok, XII Economic Department of the National Court Register; share capital of PLN 50,000.00; Tax Identification Number (NIP): 5422453726; National Business Registry Number (REGON): 008125304; e-mail address: sklep@avalingerie.pl, contact phone number: +48 85 744 59 83, and fax number: + 48 85 744 59 83;
3.27. FULFILLMENT DATE - the number of Business Days or hours specified on the Product Page in the subject of Purchase Order;
3.28. SALES AGREEMENT - a purchase agreement for a Product concluded or to be concluded between the Customer and the Seller through the Online Store;
3.29. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient through the Online Store;
3.30. SERVICE RECIPIENT - (1) a physical person with full legal capacity, and in cases provided by generally applicable law, also a physical person with limited legal capacity, (2) a legal person, or (3) an organizational unit without legal status, which is granted legal status by law; - using or intending to use an Electronic Service;
3.31. ELECTRONIC SERVICE PROVISION ACT - Act on provision of services by electronic means of 18 July 2002 ( consolidated text: Journal of Laws of 2020, item 344, as amended);
3.32. PURCHASE ORDER - a declaration of will of the Customer made via the Online Store through the Purchase Order Form and intended directly to enter into a Product Sales Agreement with the Seller;
4. ELECTRONIC SERVICES IN THE ONLINE STORE
4.1. The Online Store has the following Electronic Services: Account, Purchase Order Form and Newsletter.
4.1.1. Account - the use of an Account is only possible after a total of two subsequent steps by the Customer - (1) completing the Registration Form, and (2) clicking on the "Register" button. In the Registration Form, the Service Recipient must provide the following data of the Service Recipient: name and last name, e-mail address, date of birth, and password.
4.1.1.1. The Account Electronic Service is provided for free for an unlimited period of time. The Customer has the possibility, at any time and without giving any reason, to delete the Account (renouncing the Account) by sending an appropriate request to the Service Provider, particularly via e-mail to: sklep@avalingerie.pl or in writing to the address: 34A Kleeberg St., Bialystok 15-691.
4.1.2. Purchase Order Form - the use of the Purchase Order Form is initiated when the Customer adds the first Product to the electronic Shopping Basket in the Online Store. The Purchase Order is placed when the Customer completes a total of two subsequent steps - (1) completing the Purchase Order Form, and (2) clicking the "Confirm Purchase" button on the Online Store page after completing the Purchase Order Form. Up to this point, it is possible to modify the data entered on your own (for this purpose, follow the pop-up messages displayed and the information available on the Online Store website). In the Purchase Order Form, the Customer must provide the following data concerning the Customer: name and last name/company name, address (street, house/apartment number, ZIP code, city, country), e-mail address, contact phone number, and data concerning the Sales Agreement: Product(s), the quantity of Product(s), place and method of delivery of Product(s), method of payment. For Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number (NIP).
4.1.2.1. The Purchase Order Form Electronic Service is provided for free and is of a one-time nature. It terminates when a Purchase Order is placed through it or when the Service Recipient discontinues placing a Purchase Order before finalizing it.
4.1.3. Newsletter - using the Newsletter is only possible after completing a total of three subsequent steps: (1) providing in the "Newsletter" tab visible on the Online Store website the e-mail address to which subsequent editions of the Newsletter are to be sent, (2) clicking the "Envelope" button, and (3) confirming the desire to subscribe to the Newsletter by clicking on the confirmation link which is automatically sent to the provided e-mail address. It is also possible to subscribe to the Newsletter by checking the appropriate checkbox when creating an Account - in that case, upon creation of the Account, the Customer would be subscribed to the Newsletter.
4.1.3.1. The Newsletter Electronic Service is provided for free for an unlimited period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (opt-out from the Newsletter) by sending an appropriate request to the Service Provider, particularly via e-mail to: sklep@avalingerie.pl or in writing to the address: 34A Kleeberg St., Bialystok 15-691.
4.2. Technical requirements necessary for interaction with the ICT system used by the Service Provider: (1) computer, laptop, or other multimedia devices with access to the Internet, (2) access to e-mail, (3) web browser: Mozilla Firefox version 17.0 and 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 and higher, (4) recommended minimum resolution of the screen: 1024x768, and (5) enabling cookies and Javascript in your web browser.
4.3. The Service Recipient is obliged to use the Online Store in a lawful and moral manner, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data in accordance with their factual state. The Service Recipient is obliged under the prohibition of providing content of an unlawful nature.
4.4. Complaint Procedure:
4.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in Section 8. of the Terms and Conditions), the Service Recipient may submit, for example:
4.4.2. in writing to the address: 34A Kleeberg St., Bialystok 15-691;
4.4.3. electronically via e-mail: sklep@avalingerie.pl;
4.4.4. It is recommended that the Service Recipient specifies in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, particularly the type and date of the malfunction, (2) the Service Recipient's demands, and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The aforementioned requirements are merely in the form of a recommendation and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
4.4.5. The Service Provider addresses the complaint immediately, no later than within 14 calendar days from the date of its filing.
5. TERMS AND CONDITIONS FOR CONCLUDING A SALES AGREEMENT
5.1. Concluding a Sales Agreement between the Customer and the Seller takes place after the Customer places a Purchase Order using the Online Store's Purchase Order Form in accordance with Section 4.1.2. of the Terms and Conditions. The Agreement is concluded in accordance with generally applicable laws and these Terms and Conditions.
5.2. AVA Ltd., through the Online Store, conducts sales on the territory of Poland, as well as abroad.
5.3. The Seller shall provide services and Products in accordance with the Sales Agreement.
5.4. The content indicated or conveyed to the Customer by the Seller within the scope of or in connection with the use of the Online Store, including e-mails relating to the proposed Sales Agreement, shall be construed - if nothing else is apparent from the communication in question - not as an offer, but as an invitation to conclude a Sales Agreement within the meaning of the Civil Code.
5.5. The Product Price displayed in the Online Store is indicated in the Polish currency and includes taxes (it is the gross price). The Customer is informed about the total price (including taxes of the Product being the subject of the Purchase Order, as well as about the delivery costs, including fees for transportation, delivery, and postal services, as well as other fees, and when it is impossible to determine the amount of these fees - about the obligation to bear the cost) on the Online Store website when placing the Purchase Order, including at the moment of expressing the Customer's will to conclude the Sales Agreement. The prices of the Products do not include the Delivery Costs specified in the Delivery Rates.
5.6. The Seller shall clearly and unambiguously display the Price of the Product or Service. Whenever the Seller informs about a reduction in the Price of a Product or Service, in addition to the information about the reduced price (e.g. reduced due to the introduction of time-limited special offers) on the Online Store, the Seller displays the lowest most recent price of the Product available at https://avalingerie.pl/ during the last 30 days before the price reduction was implemented.
5.7. The Seller shall be liable to the Consumer for non-conformity of the Product with the Sales Agreement under the terms of the Consumer Law, while to the Business Entities for defects in the Product under the terms of the Civil Code and other relevant laws, as well as under these Terms and Conditions.
5.8. The Seller does not charge any fees for the Customer's communication with the Seller using means of remote communication, although the Customer may incur its costs in the amount resulting from the agreement he or she has concluded with a third party providing on his behalf a specific service enabling remote communication.
5.9. The Seller shall allow users to access reviews of Products issued by Customers in the Online Store. The Seller, in collaboration with a trusted subcontractor, shall ensure that the published reviews are from people who have used the Product in question or have acquired it by issuing reviews after the Purchase Order was placed by the Customer in question. For this purpose, after the Customer has purchased the Product, the Seller, as part of the fulfillment of the Sales Agreement with the Customer, may send to the e-mail address (indicated by the Customer) an invitation to complete a survey to receive his or her opinion about the sale that has been concluded. The Customer has the right to provide his or her opinion by completing the survey, however, providing the opinion is voluntary.
5.10. Purchase Orders can be placed 24 hours a day, on any calendar day, with the exception of periods related to the conduct of works aimed to provide the Customer with proper access to the functionality of the Online Store or the occurrence of obstacles that are beyond the Seller's control.
5.11. The Seller performs activities aimed to ensure the availability of Products presented in the Online Store. In special cases, particularly in the case of simultaneous placing of a Purchase Order for the same Goods by multiple Customers, it may happen that a given Product is not actually available. In such a case, the Customer, due to the impossibility of fulfillment, will receive information that the Purchase Order cannot be fulfilled (based on the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code that may be applicable).
5.12. The procedure for concluding a Sales Agreement in the Online Store using the Purchase Order Form
5.12.1. Concluding a Sales Contract between the Customer and the Seller shall take place after the Customer places a Purchase Order on the Online Store in accordance with Section 4.1.2. of the Terms and Conditions.
5.12.2. After submitting a Purchase Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for fulfillment. Confirmation of receipt of the Purchase Order and its acceptance for fulfillment shall be made by the Seller sending the Customer a relevant e-mail message to the Customer's e-mail address provided during the placement of the Order, which contains at least the Seller's confirmation of receiving the Purchase Order and of its acceptance for the fulfillment, as well as confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the aforementioned e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
5.13. The recording, securing, and making available to the Customer the content of the concluded Sales Agreement is done by (1) making these Terms and Conditions accessible on the website of the Online Store, and (2) sending the Customer the e-mail message referred to in Section 5.12. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store. In addition, the Customer receives at the indicated e-mail address: the Purchase Order, information about the right to cancel the Sales Agreement, a sample form for canceling the Sales Agreement, and a link to download the Terms and Conditions independently.
6. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
6.1. The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:
6.1.1. Payment upon delivery.
6.1.2. Payment in cash upon personal pick-up.
6.1.3. Payment with or through other third parties.
6.1.4. Payment by bank transfer to the Seller's bank account.
6.1.4.1. Bank name: Bank Zachodni WBK S.A.
6.1.4.2. Bank account number: 96 1090 2587 0000 0001 0351 1035.
6.2. Payment deadline:
6.2.1. If the Customer selects payment in cash upon personal pick-up or payment by bank transfer, the Customer is obliged to make payment within 14 calendar days following the conclusion of the Sales Agreement.
6.2.2. If the Customer selects payment upon delivery, the Customer is obliged to make payment upon receiving the shipment.
6.3. The payment may take place in the form of prepayment or payment upon delivery depending on the prevailing circumstances or current applicable business or legal conditions, including depending on the Seller’s agreements with third parties, the type of transaction, or the Customer’s choice.
6.4. The payment methods, suppliers, or other entities participating in the supply may change depending on the prevailing circumstances or current applicable business or legal conditions, including depending on the Seller's agreements with third parties, the type of transaction, or the Customer's choice.
6.5. In the event of cancelation of part or all of the Purchase Order, the payment shall be returned to the Customer immediately, but not later than within 14 days from the date of cancelation - in whole or in the relevant part of the Product Price, respectively.
6.6. The payment is returned to the Customer using the original payment method unless the Customer expressly agreed to a different method of reimbursement (including a refund to another bank account).
7. COST, METHODS, AND TIME OF DELIVERY AND PICK-UP OF THE PRODUCT
7.1. Product Delivery is available on the territory of Poland.
7.2. Product Delivery to the Customer is payable unless the Sales Agreement provides otherwise. Product Delivery costs (including fees for transport, delivery, and postal services) are indicated to the Customer on the Online Store website in the "Delivery Costs" tab and also displayed when placing the Purchase Order, including when the Customer expresses his will to conclude a Sales Agreement.
7.3. Personal pick-up of the Product by the Customer is free.
7.4. The Seller provides the Customer with the following methods of delivery or pick-up of the Product:
7.4.1. Postal shipment, Postal shipment: payment upon delivery.
7.4.2. Courier shipment, Courier shipment: payment upon delivery.
7.4.3. Pallet shipment.
7.4.4. Personal pick-up is available at 34A Kleeberg St., Bialystok 15-691 - on Business Days, from 9 a.m. to 5 p.m.
7.5. The time for delivery of the Product to the Customer is up to 30 Business Days unless a shorter deadline is specified in the description of the Product or during the Purchase Order. In the case of Products with various delivery dates, the delivery time shall be the longest date given, which, nevertheless, cannot exceed 30 Business Days. The beginning of the delivery time for the Product to the Customer is calculated as follows:
7.5.1. If the Customer selects the method of payment by bank transfer - from the date of crediting the Seller's account.
7.5.2. If the Customer selects payment upon delivery - from the date of concluding the Sales Agreement.
7.6. Deadline for the readiness of the Product for pick-up by the Customer - if the Customer chooses to pick up the Product in person, the Product in question shall be ready for pick-up by the Customer within 30 Business Days unless a shorter deadline is specified in the description of the Product in question or in the process of placing the Purchase Order. In the case of Products with different dates of readiness for pick-up, the date of readiness for pick-up shall be the longest date specified, which, however, shall not exceed 30 Business Days. The Customer will be further notified of the readiness of the Product for pick-up by the Seller. The beginning of the deadline for the readiness of the Product for pick-up by the Customer is calculated as follows:
7.6.1. In case the Customer selects the method of payment by bank transfer - from the date of crediting the Seller's bank account.
7.6.2. If the Customer selects the method of payment upon personal pick-up - from the date of concluding the Sales Agreement.
8. PRODUCT COMPLAINTS
8.1. The basis and scope of the Seller's liability to the Customer, if the sold Product is not in conformity with the Sales Agreement, are outlined in generally applicable laws, particularly the Civil Code. The basis and scope of the Seller's liability to the Consumer, if the sold Product is not in conformity with the Sales Agreement, are outlined in the Consumer Law. If the Product is not in conformity with the Sales Agreement, the Consumer is entitled to the rights outlined in the Consumer Law. The provisions of the third book of Title XI of Part II of the Civil Code shall not apply to contracts obliging the transfer of ownership of goods to the Consumer, particularly sales agreements, delivery agreements, and agreements for work being the goods.
8.2. The Seller is obligated to provide the Customer with a Product without any defects. For detailed information on the Seller's liability for a defect in the Product and the Customer's rights, please refer to the Online Store website under 'Returns and Exchanges.'
8.3. A complaint may be submitted by the Customer, for example:
8.3.1. in writing to the address: 34A Kleeberg St., Bialystok 15-691;
8.3.2. electronically via e-mail: sklep@avalingerie.pl.
8.4. It is suggested that the Customer provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, particularly the type and date of the occurrence of the defect, (2) a request for a method of bringing the Product into conformity with the Sales Agreement or a declaration of a price reduction or cancelation of the Sales Agreement, and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The aforementioned requirements are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended complaint description.
8.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. No response from the Seller within the aforementioned period means that the Seller has recognized the complaint as valid.
8.6. The Customer who exercises warranty rights is obligated, at the expense of the Seller, to deliver the defective Product to the address: 34A Kleeberg St., Bialystok 15-691. If, due to the nature of the Product or the manner of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is required to make the Product available to the Seller at the place where the Product is located.
8.7. The Product is in conformity with the Sales Agreement if the following, in particular, remains in conformity with the Sales Agreement:
8.7.1. description, type, quantity, quality, wholeness, and functionality;
8.8. Furthermore, in order to be considered in conformity with the Sales Agreement, the Product must:
8.8.1. be suitable for the purposes for which a Product of this type is normally used, taking into account any applicable laws, technical standards, or good practices;
8.8.2. appear in such quantity and have such characteristics, including durability and safety, and, concerning goods with digital elements, also functionality and compatibility, as are typically found in goods of this type and which the Consumer may reasonably expect, taking into account the nature of the goods and the public assertions made by the Seller, its legal predecessors or those acting on their behalf, in particular in advertisements or on the label, unless the Seller can demonstrate that:
8.8.2.1. he or she did not know about the public assertion in question and, judging reasonably, could not have known about it;
8.8.2.2. before concluding the Sales Agreement, the public assertion was rectified in the terms and form in which the public assertion was made, or in a comparable manner;
8.8.2.3. the public assertion did not affect the Consumer's decision to conclude the Sales Agreement;
8.8.3. be delivered with such packaging, accessories, and instructions as the Consumer may reasonably anticipate;
8.8.4. be of the same quality as the sample or design that the Seller made available to the Consumer before concluding the Sales Agreement and conform to the description of such sample or design.
8.9. The Seller shall be liable for no-conformity of the Product with the Sales Agreement resulting from incorrect installation of the Product if:
8.9.1. it was carried out by or under the Seller's responsibility;
8.9.2. the improper installation carried out by the Consumer was due to errors in the instructions provided by the Seller or a third party referred to in Article 6.2 of the Consumer Law.
8.10. The Seller shall be liable for the Product's non-conformity with the Sales Agreement existing at the time of its delivery and disclosed within two years from that time unless the Product's expiration date, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. The Product's non-conformity with the Sales Agreement, which became apparent before the expiration of two years from the time of delivery of the Product, shall be presumed to have existed at the time of delivery unless the contrary is demonstrated or the presumption cannot be reconciled with the specific nature of the Product or the nature of the Product's non-conformity with the Sales Agreement.
8.11. The Seller may not rely on the expiration of the time limit for determining the non-conformity of the Product with the Sales Agreement if he has or she deceitfully concealed this non-conformity.
8.12. If the Product is not in conformity with the Sales Agreement, the Consumer has the right to demand its repair or replacement.
8.13. The Seller may perform a replacement when the Consumer requests a repair, or the Seller may perform a repair when the Consumer requests a replacement if bringing the Product into conformity with the Sales Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Sales Agreement.
8.14. In evaluating the excessiveness of the costs for the Seller, all the circumstances of the case shall be taken into account, particularly the significance of the non-conformity of the Product with the Sales Agreement, the value of the Product in conformity with the Sales Agreement, and the excessive inconvenience to the Consumer caused by the change in the manner of bringing the Product into conformity with the Sales Agreement.
8.15. The Seller performs repair or replacement within a reasonable time from the moment the Seller is informed by the Consumer of the non-conformity with the Sales Agreement and without excessive inconvenience to the Consumer, taking into account the nature of the Product and the purpose for which the Consumer acquired it. The cost of repair or replacement, including, in particular, the cost of postage, transportation, labor, and materials, shall be covered by the Seller.
8.16. If the Product was assembled before the Product's non-conformity with the Sales Agreement became apparent, the Seller shall disassemble the Product and reassemble it after repair or replacement, or have these activities performed at the Seller's expense.
8.17. The Consumer shall not be required to pay for the common use of the Product, which was then replaced.
8.18. If the Product is not in conformity with the Sales Agreement, the Consumer may make a statement to request a reduction in the Price or to cancel the Sales Agreement when:
8.18.1. the Seller has refused to bring the Product into conformity with the Sales Agreement in accordance with Article 43d Paragraph 2 of the Consumer Law;
8.18.2. the Seller has failed to bring the Product into conformity with the Sales Agreement in accordance with Article 43d Paragraphs 4-6 of the Consumer Law;
8.18.3. the Product's non-conformity with the Sales Agreement persists even though the Seller has attempted to bring the Product into conformity with the Sales Agreement;
8.18.4. the Product's non-conformity with the Sales Agreement is significant enough to justify a reduction in the Price or cancelation of the Sales Agreement without first resorting to the protections outlined in Article 43d of the Consumer Law;
8.18.5. it is clear from the Seller's statement or circumstances that the Seller will not bring the Product into conformity with the Sales Agreement within a reasonable time or without excessive inconvenience to the Consumer.
8.19. The reduced Price must be in such proportion to the Sales Agreement Price that the value of the non-conforming Product remains to the value of the conforming Product.
8.20. The Seller refunds to the Consumer the amounts due as a result of exercising the right to reduce the Price immediately, but no later than within 14 days from the date of receipt of the Consumer's statement on price reduction.
8.21. The Consumer may not cancel the Sales Agreement if the non-conformity of the Product with the Sales Agreement is insignificant. The non-conformity of the Product with the Sales Agreement shall be presumed to be significant.
8.22. If the non-conformity with the Sales Agreement applies only to certain Products delivered under the Sales Agreement, the Consumer may cancel the Sales Agreement only with respect to those Products, as well as with respect to other Products purchased by the Consumer together with the non-conforming Products, if the Consumer cannot reasonably be expected to agree to retain only the non-conforming Products.
8.23. In the event of cancelation of the Sales Agreement, the Consumer shall immediately return the Product to the Seller at the Seller's expense. The Seller shall return the Price to the Consumer immediately, no later than within 14 days from the date of receipt of the Product or proof of its return.
8.24. The Seller refunds the Price using the same method of payment used by the Consumer unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer.
8.25. The Consumer may withhold payment of the Price until the Seller has performed the obligations stipulated in Articles 43d and 43e of the Consumer Law.
9. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND THE RULES FOR ACCESSING THESE PROCEDURES
9.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for processing complaints and pursuing claims, as well as rules of access to these procedures are available at the offices and on the websites of district (city) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
9.2. In the case of a dispute arising between the Seller and the Customer in connection with a purchase made in the Online Store, the Customer may use out-of-court methods of processing complaints and pursuing claims, including by filing a complaint in the selected official language of the European Union, including Polish, through the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/.
9.3. In particular situations, if the Consumer so wishes, a potential dispute may be resolved through mediation or conciliation. As a last resort, a potential dispute may be resolved by a common court of local and material jurisdiction in compliance with the rules outlined in the Code of Civil Procedure.
10. RIGHT TO CANCEL THE SALE AGREEMENT
10.1. The consumer, based on Article 27 of the Consumer Law, who concluded a remote Sales Agreement, may cancel it within 14 calendar days without giving any reason and without incurring costs, except the costs specified in Article 33, Article 34 Section 2, and Article 35 of the Consumer Law. To meet the deadline, it is enough to send a statement before its expiry. A declaration of cancelation of the sales Agreement may be submitted, for example:
10.1.1. in writing to the address: 34A Kleeberg St., Bialystok 15-691;
10.1.2. electronically via e-mail to the following address: sklep@avalingerie.pl;
10.2. An sample sales agreement cancelation form is included in Annex 2 of the Consumer Rights Act and is also available on the Online Store website under the "Returns and Exchanges" tab. The consumer may use the form template, but it is not mandatory.
10.3. The deadline to cancel the Sales Agreement starts from the date of taking possession of the Product by the Consumer or a third party other than the carrier indicated by him or her, and in the case of a Sales Agreement that includes many items that are delivered separately, in batches or in separate components, from taking possession of the last item, batch or component.
10.4. The Seller will immediately confirm to the Consumer the receipt of the statement of cancelation of the Sales Agreement via e-mail (provided at the time of concluding the Sales Agreement, or another e-mail if provided in the submitted statement).
10.5. In the event of withdrawal from the Sales Agreement, it shall be considered as not concluded.
10.6. The Consumer is obligated to return the Product to the Seller or give it to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he or she canceled the Sales Agreement unless the Seller offered to collect the Product. To meet the deadline it is sufficient to return the Product before its expiration.
10.7. The Consumer bears the direct costs of returning the Goods, which means that he or she sends back at his or her own expense (and risk) the Products that are the subject of the Sales Agreement which he or she has canceled.
10.8. The Consumer shall be liable for any diminished value of the Goods resulting from the use of the Goods beyond what is necessary to determine the nature, characteristics, and functioning of the Goods.
10.9. The Seller will immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the Sales Agreement submitted by the Consumer, return to the Consumer all Payments made by the Consumer, including the cost of delivery of the item(s), however, if the Consumer has chosen a method of delivery of the item(s) other than the cheapest standard method of delivery offered by the Seller, the Seller is not obligated to reimburse the Consumer for the additional costs incurred by the Consumer - in accordance with Article 33 of the Consumer Law.
10.10. If the Seller has not offered to pick up the Product from the Consumer, the Seller may withhold the refund of the Payments received from the Consumer until the Seller has received the Product or the Consumer has provided proof of return, whichever event occurs first.
10.11. The Seller will refund the Payment using the same method of Payment used by the Consumer unless the Consumer has expressly agreed to a different method of Payment that does not incur any costs for the Consumer.
10.12. The right of cancelation of a remote Sales Agreement is not granted to the Consumer in cases provided for in Article 38 of the Consumer Law, in particular concerning the following agreements:
10.12.1. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was notified before the start of the service that after the fulfillment of the service by the Seller will lose the right to withdraw from the Sales Agreement;
10.12.2. in which the Price or compensation depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for cancelation of the Sales Agreement;
10.12.3. in which the Subject of the Sales Agreement is a non-prefabricated Product manufactured to the Consumer's specifications or serving to meet his or her individualized needs;
10.12.4. in which the Subject of the Sales Agreement is a Product delivered in a sealed package (which cannot be returned once the package has been opened for health protection or hygienic reasons) if the package has been unsealed after delivery;
10.12.5. in which the Subjects of the Sales Agreement are Products that after delivery, due to their nature, are inseparably combined with other items.
11. PROVISIONS REGARDING BUSINESS ENTITIES
11.1. This section of the Terms and Conditions and the provisions contained herein apply only to Customers and Service Recipients who are not consumers, i.e. business entities.
11.2. The Seller has the right to cancel the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Cancelation of the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller. The cancelation takes place by sending to such business entities a statement of cancelation - using any communication method.
11.3. In the case of non-consumer Customers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
11.4. At the moment of release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product, and the danger of accidental loss or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller is not responsible for loss, diminution, or damage to the Product occurring from the acceptance of the Product for transportation until its release to the Customer, as well as for the shipment delay.
11.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obligated to examine the shipment at the usual time and manner for such shipments. If he or she finds that a defect or damage to the Product has occurred during shipment, he or she is obligated to perform all actions necessary to determine the carrier's responsibility.
11.6. In accordance with Article 558 Section 1 of the Civil Code, the Seller's liability under the Product warranty to the Customer who is not a consumer is excluded.
11.7. In the case of Service Recipients/Customers who are not consumers, the Service Provider/Seller may cancel the agreement for the provision of Electronic Services with immediate effect and without stating reasons by sending a relevant notification to the Service Recipient.
11.8. The Seller's liability to the non-consumer Customer, regardless of its legal basis, is limited - both as a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than PLN 1,000. The Seller shall not be liable for any damage or loss of profit to a Customer who is not a Consumer/Business Entity unless the aforementioned damage was caused deliberately by the Seller.
11.9. Any disputes that arise between the Seller/Service Provider and the Customer/Service Recipient who is not a consumer are submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
11.10. To avoid any doubt, the provisions of sections 11.1.-11.9. above shall not apply to an individual who enters into a direct agreement related to his or her business activity, when it is evident from the content of the agreement that it is not of a professional nature for that person, arising in particular from the subject of his or her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
12. CUSTOMER SATISFACTION SURVEY
12.1. To monitor Customer satisfaction and improve the quality of services and sales processing, the Seller may allow Customers who have purchased from the Online Store to express their opinions on the functioning of the Online Store and the purchased Products via the Seller's own website.
12.2. For the purpose stated above, the Seller will provide the Service with the data necessary for the Customer to give an opinion (particularly e-mail address, Customer's name, Purchase Order number, and information about the Products purchased on the Online Store). The Customer will receive an e-mail message with a request to give an opinion about the Online Store, and in case of no response to a such message - a reminder about the possibility of providing an opinion.
12.3. The posting of an opinion is totally voluntary.
12.4. At the time of posting an opinion, the Client transfers to the Seller free of any charges the copyrights to the work without time and territorial limitation to the posted opinion, in particular to:
12.4.1. to distribute the opinion or parts of it by making it available to the public in such a way that anyone can have access to it at a place and time of their choosing (Internet), to display it to the public;
12.4.2. use of the opinion or any part of it in the Seller's marketing campaigns;
12.4.3. recording and multiplication of the opinion or any part of it - producing copies of the opinion by any method, including printing, reprography, magnetic recording, and digital method.
12.5. The Customer authorizes the Seller to use the opinion without identification of the author and to exercise copyrights on his or her behalf.
12.6. At the same time, the Customer, by granting the authorization, ensures that the opinion does not violate the copyrights of third parties. If the aforementioned statements are not true, the Customer is liable to third parties.
13. COPYRIGHTS
13.1. All content, services, goods, and rights to the Online Store, including property copyrights, intellectual property rights to its name and its domain, the Online Store website, as well as to the templates, forms, logos, functionalities, and images posted on the website https://avalingerie.pl/ of the Seller or its subcontractors are subject to special legal protection, including under the provisions of the Copyright Law.
13.2. The use of the aforementioned content by the Customer and users of the Online Store is permissible only based on the express prior consent of the Seller given in writing, under the clause of nullity, unless otherwise stipulated by law.
14. FINAL PROVISIONS
14.1. Sales Agreements concluded through the Online Store shall be executed in the Polish language.
14.2. None of the provisions of the Terms and Conditions is intended to violate the Customer rights, especially the rights of the Consumer.
14.3. In matters not covered by the Terms and Conditions, the provisions of generally applicable Polish law shall be applicable, particularly: the Civil Code, Consumer Law, Act on Provision of Services by Electronic Means, and Copyright Law.
14.4. The up-to-date version of the Terms and Conditions is always available in the Terms and Conditions tab at: https://avalingerie.pl/content/7-regulamin. The Terms and Conditions accepted by the Customer when placing the Purchase Order shall apply during the time of placing the Purchase Order and throughout the after-sale support period.
14.5. The Terms and Conditions in the version in effect at the time of concluding the Sales Agreement shall apply to agreements concluded before the amendment of the Terms and Conditions.
14.6. The existing Terms and Conditions, effective until 31 December 2022 (inclusive), can be found in the Terms and Conditions tab at: https://avalingerie.pl/content/7-regulamin.
14.7. The Terms and Conditions become effective on 1 January 2023.
14.8. Amendment of the Terms and Conditions:
14.8.1. The Seller reserves the right to implement amendments to the Terms and Conditions for important reasons, i.e.: changes in laws; changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
14.8.2. In the case of concluding agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services such as Account), the amended Terms and Conditions shall be binding upon the Service Recipient/Client, if the requirements outlined in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient/Client has been properly notified of the changes and has not canceled the agreement within 14 calendar days from the date of such notification. In the event that the amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to cancel the agreement.
