- Basic definitions
- General provisions
- Terms of Service
- Contract terms
- Execution of the contract
- Payment methods
- Complaints procedure
- Final Provisions
Dear Customer, these Regulations regulate the method of concluding sales contracts via the above-mentioned website, the rules for the implementation of these contracts, including delivery, rights and obligations under applicable law and the procedure for withdrawing from the contract and complaint procedure. The Regulations consist of four main parts:
in § 1 to 3 – general provisions of these Regulations;
in § 4 to 7 – the process of purchasing the Goods / Services has been described;
in § 8 to 12 – regulations related to the defectiveness of the Goods / Services as well as the right to withdraw from the contract were concluded;
in § 13 – all other regulations are included.
1. Basic definitions
Online Store – https://www.isonme.shop/
Seller – ISONME Emilia gorąca, NIP: 524-290-82-14.
Seller’s address – whenever the Regulations refer to the Seller’s address, it means the following data:
The seat (address of returns): Ossowskiego 11/86, 03-542 Warsaw
Client – a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity, which has concluded or intends to conclude a sales contract .
Consumer – art. 221 of the Civil Code: a natural person who performs a legal transaction with the Seller not directly related to his business or professional activity.
Sales contract – a contract for the sale of a Product posted on the website of the above-mentioned Online Store, concluded or concluded between the Customer and the Seller via the Online Store.
Goods – Product, a movable item that the Customer purchases via the Online Store, i.e. the sale of clothing, footwear and accessories:
Order – Customer’s declaration of intent, submitted via the Online Store, specifying: the type and quantity of the Goods in the Online Store’s assortment at the time of placing the order, method of payment, method of delivery of the Goods, place of issue of the Goods and customer data.
Order form – an electronic service, a form on an electronic medium available in the Online Store, enabling the submission and execution of an Order, including by adding Products to the electronic basket, and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Order fulfillment time – the time in which the order placed by the Customer of the Online Store will be completed, packed, sealed by the Seller and forwarded for delivery by the form of delivery chosen by the Customer.
Business day – one day from Monday to Friday, excluding public holidays.
The Act on Consumer Rights, the Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws from 2014, item 827 as amended).
2. General provisions
By placing an order in the Store, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form. To complete the order, it is necessary to accept the provisions of the regulations. Please be advised that the conclusion of the Sales Agreement via the Internet and acceptance of the regulations entails the obligation to pay for the ordered Goods.
The data controller applies appropriate technical and organizational measures to ensure the protection of personal data corresponding to the threats and categories of data protected. First of all, it protects data against disclosure, removal, processing, loss, alteration, damage or destruction by unauthorized persons. The detailed scope of protection has been regulated in accordance with the requirements of the Personal Data Protection policy (security policy, personal data protection regulations, IT system management instruction).
The administrator of your personal data is Emilia gorąca, ISONME Emilia gorąca NIP: 524-290-82-14, address: Powstańców 33/33 05-091 Ząbki, tel: 506-353-103, email: firstname.lastname@example.org
Each person whose data is processed has the right to:
supervising and controlling the processing of personal data for which the seller keeps a collection of customer data of the above-mentioned store;
obtain comprehensive information whether such a collection exists and is maintained by the seller;
determine who is the data administrator, determine his address, seat, name, in a situation where the administrator is a natural person, to determine his name and place of residence;
obtain information about the purpose, scope, method and time of processing the data contained in such a set;
obtain information in a commonly understood form of the content of such data;
get to know the source from which the data concerning him originate, unless the data controller is obliged to keep secret classified information or professional secrecy in this respect;requests to supplement, update, rectify personal data, temporarily suspend or delete them if they are incomplete, out of date, untrue or have been collected in violation of the Act or are no longer necessary to achieve the purpose for which they were collected.
In accordance with point 6, the customer has the right to inspect the content of the personal data being processed, correct them, and request deletion of this data. The personal data administrator is obliged to supplement, update, rectify data, temporarily or permanently suspend processing or remove them from the set on an ongoing basis and immediately after notification, unless the request concerns personal data, for which the procedure for supplementing, updating or rectifying them is specified in separate legal provisions, including the act.
In the process of finalizing the order, the Customer agrees to the collection and processing of personal data by the Seller within the meaning of the Act of May 10, 2018 on the protection of personal data and in accordance with the provisions of the Regulation of the EU Council 2016/679 (of April 27, 2016, Journal of Laws No. UE.L. No. 119). Data may be transferred to another entity only if legally required or necessary for the execution of the order.
The Customer may agree to receive advertising and commercial information from the Seller by electronic means by subscribing to the NEWSLETTER.
The Customer using the Seller’s Services provided via the Online Store is obliged to comply with these Regulations to the extent that it is necessary to complete the order and is not contrary to applicable law and the principles of social coexistence.
The Seller carries out orders on the territory of Poland and orders placed by Consumers in Europe, and after prior arrangement of delivery conditions also in other countries.
All the Goods for sale in the Online Store have been introduced to the Polish market in a legal and legal manner. Information regarding the Goods on the Online Store website constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of 23 April 1964 of the Civil Code.
3. Terms of service
This Online Store provides services via electronic means, the condition for joining the contract is, first of all, completing the online order form in order to conclude a sales contract. Joining the contract is voluntary.
The contract for the provision of services is concluded electronically in the form of enabling the Customer to fill in the order form, the contract is concluded for a definite period of time when the Customer proceeds to fill in the form and is terminated when the form is not completed or the completed form is sent to the Seller. The process of completing the order form is organized so that each customer has the opportunity to read it before making a decision to conclude a contract or amend the contract.
The service specified in point 1 is provided free of charge, but may require access to the Internet.
An electronic order can be placed 24 hours a day. daily, 7 days a week.
When finalizing the purchase, the customer selects the option “I consent to the processing of my personal data contained in the order form by the store for the purpose and scope necessary to complete the order.” – it is necessary to conclude the contract. Providing your personal data is necessary to place an order, failure to provide personal data will be tantamount to withdrawal from the contract.
According to Art. 8 sec. 2 GDPR, the controller, taking into account the available technology, makes reasonable efforts to verify whether the person exercising parental authority or custody of the child (under 16 years of age) has consented or approved it.
The Customer’s costs related to access to the Internet and data transmission are borne solely by the Customer in accordance with the tariff of his supplier with whom the customer has signed a contract for the provision of Internet services.
4. Terms of the contract
To conclude a valid and binding party to the Sales Agreement, the Customer selects in accordance with the displayed offer of the Online Store, specifying the quantity of the Goods he intends to purchase and, if possible, indicating the features of the ordered Product and its specification accordingly. Together with the selection of the Goods, the Customer completes the online order form, indicating the data necessary for the Seller to perform the order, such as, for example, quantities, place of delivery and payment methods, based on the messages and information displayed to the Customer available on the website and contained in these Regulations.
Registration of the Customer Account in the Online Store is voluntary and free of charge.
Immediately after receiving the order, the Seller shall send the Customer by e-mail to the e-mail address provided when placing the order, a declaration of acceptance of the order, which is also its confirmation. Upon receipt of the message by the Customer, a sales contract is concluded.
The message summarizing and confirming the order contains all the previously agreed terms of the sales contract, in particular the quantity and type of the ordered Goods, its specification in the case of ordering Goods with individual properties specified by the Customer of the Online Store, the total price to be paid (specified in Polish zlotys) along with delivery costs and the amount of discounts granted (if applicable).
If the Customer has more discounts from several sources / promotions, they are subject to aggregation / summation only when it is clearly specified in the Promotion Regulations. If there is no provision as to the method of combining various promotions / discounts, only one discount (one promotion) can be selected for a given purchase.
5. Order fulfillment
The seller reliably carries out the customer’s orders in the order in which they are received – each order is a priority and very important for us!
The order processing time for a single customer is from 1 to 5 working days from the date of sending the order by the customer. In the case of products with availability ‘on order’, the delivery time is specified on the product page. The time of order fulfillment consists mainly of the time of preparing the order (completing and packing the order, delivering the shipment to the courier, and in selected cases, the execution of the Goods). The order delivery time depends on the selected delivery method, it may change depending on the type of means of transport indicated by the Customer.
In the event of exceptional circumstances or the inability to complete the order in the indicated in point 2, the Seller shall immediately contact the Customer in order to determine the further course of action, including the establishment of a different date for the contract, change of the method of delivery.
The delivery of the Goods takes place via the operator of Poczta Polska or a courier company (Courier InPost, Paczkomat InPost) or otherwise accepted by the parties, not involving excessive and unjustified costs on the part of the Seller and the Customer.
The ordered Goods are delivered according to the Customer’s choice, either directly to the Customer’s address indicated in the online order form and confirmed by the Customer as the shipping address or collected in person at the personal collection point at the address provided during the order.
The goods are always packed in a way that corresponds to its properties, so as not to be damaged, lost or destroyed during transport.
The customer is informed on an ongoing basis about delivery costs, they are provided when the customer completes the online order form. The amount of shipping costs depends on the country to which the order is sent, the quantity of ordered goods, their weight and the method of shipment.
7. Payment methods
The Seller enables payment for the ordered Goods in the form of a prepayment to the bank account.
Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or by online transfer of electronic banking via the online payment service PayPal, Przelewy24, Stripe.
In cash on delivery of the ordered Goods (cash on delivery) – the customer makes the payment to the courier by collecting the ordered goods delivered via a courier company to the address indicated by the customer in the order.
- The notification of defects in the Goods should be sent electronically to the e-mail address and in writing to the Seller’s address. (see §1 point 3: “Seller’s address”).
- The notification should include: description of the defect, circumstances and date of its occurrence, customer expectations in relation to the defect of the goods, data of the person complaining and the order number.
- The goods, together with the written notification, should be sent to the seller’s address (the address is given in the returns tab).
- The Seller responds immediately to the Consumer’s notification, but not later than within 14 calendar days from the date of its receipt.
In accordance with the law, the Customer who is a Consumer pursuant to art. 27 of the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) on Consumer rights, you have the right to withdraw from a distance contract without giving any reason.
The right to withdraw from the contract is granted within 14 calendar days from the moment the Goods are taken over by the Customer who is also a Consumer or a third party designated by him other than the carrier.
When the Customer who is a Consumer withdraws from the contract, the contract is considered void and the Consumer is then released from any obligations. What the parties have provided to each other is returned unchanged, unless the change was necessary within the ordinary management. The return should be made immediately, no later than within fourteen days.
The Customer who is a Consumer may withdraw from the contract by submitting a declaration on the online form constituting Annex 1 to these Regulations, by sending it by e-mail or to the Seller’s mailing address at the Customer’s choice. Annex 1 is only an aid in withdrawing from the contract, it is not a template necessary to exercise the right to withdraw from the contract. The client may or may not use it. For effective withdrawal, it is sufficient to send a written statement to the address of the Seller.
To meet the deadline specified in point 2, it is enough to send the Customer’s declaration of withdrawal from the contract before its expiry.
The Seller will immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract and will inform the Customer accordingly about further proceedings, including the method of returning the Goods, and will provide an answer if any questions.
The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the Customer’s declaration of withdrawal from the contract, return to the Customer all payments received from him, including the costs of delivering the goods. The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of payment refund, which does not involve any costs for him.
If the Seller, after obtaining the consent from the Customer, did not undertake to collect the Goods from him, the Seller may withhold the reimbursement of payments received, including delivery costs, until the Goods are returned or the Customer provides proof / confirmation of its return, in whichever occurs first.
The Customer is obliged to return the item to the Seller or hand it over to the person authorized by the Seller immediately, but not later than within 14 calendar days from the day on which he withdrew from the contract, unless the Seller offered to collect the Goods himself. To meet the deadline, it is enough to return the Goods before its expiry.
The Customer who is a Consumer bears only direct costs of returning the Goods.
The consumer has the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of the Consumer Law.
The goods must be delivered to the Seller’s address (see §1 point 3: “Seller’s address”).
The consumer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good. This means that the Buyer has the right to evaluate and check the Goods, but only in the way that he could do it in a stationary store (i.e. check its completeness and technical parameters). The consumer cannot use the goods normally, otherwise, withdrawing from the contract, he may be charged with additional costs due to the reduction of its value.
The right to withdraw from the contract is not entitled to the customer in relation to the contracts specified in art. 38 of the Act of May 30, 2014 on consumer rights, including in situation:
- for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs;
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
- in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health
- protection or hygiene reasons, if the packaging was opened after delivery;
- in which the subject of the service is said
10. Complaints procedure
For the correct submission of a complaint, the Customer should provide his data such as: name and surname or company name, address of residence or business address and e-mail address, subject of the complaint, if possible order number along with an indication of the period of time to which the complaint relates and the circumstances justifying submitting a complaint (description of what it consists of) or what features the ordered product does not have, and according to the Seller’s assurances or according to the method of presenting it to the Customer
If the Customer is a Consumer, he may request the replacement of the Product with one that is free from defects instead of the one proposed by the Seller, removal of the defect or instead of replacement of the Product, demand removal of the defect, unless it is impossible to bring the goods into compliance with the contract in a manner chosen by the Customer costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
Unless separate provisions provide otherwise, the entrepreneur is obliged to respond to the consumer’s complaint within 14 days from the date of its receipt. If the entrepreneur has not responded to the complaint within the period referred to above, it is considered that the complaint has been accepted. The entrepreneur provides the consumer with a response to the complaint on paper or other durable medium (USB stick or CD / DVD, in response to the complaint.) ”
If the application is not processed within the specified time limit, it should be considered as considered by the Seller. The claim to withdraw from the contract, if it is not processed on time, does not constitute acceptance of the submitted complaint
The customer is not entitled to:
- posting personal data of third parties, disseminating the image without the required consent or consent of the third party to whom the data relates;
- posting advertising and / or promotional content inconsistent with the purpose of the store’s activity.
It is forbidden for the Customer to post any content that could, in particular:
- with an intention to infringe personal rights of third parties;
- posted in bad faith or that could be considered as such;
- violate the rights of third parties, copyrights, related rights, industrial property rights, business secrets or those covered by the confidentiality clause, especially those defined as secret or top secret;
- posting offensive or threatening content to other people, statements commonly considered offensive, e.g. profanity;
- violate the legitimate interests of the Seller;
- sending or posting unsolicited commercial information (spam) as part of the Online Store;
- violate in any other way good customs, provisions of applicable law, social or moral norms.
- If a notification is received by a third party, an authorized person or a state authority, the Seller reserves the right to modify or delete the content posted by the Customer, if it is found that they may constitute a violation of these Regulations or applicable law. The seller does not control the posted content on an ongoing basis.
The online store honors all rights of customers provided for in the provisions of applicable law.
If the applicable law grants Customers who are consumers more favorable mandatory and legally required regulations than those contained in these Regulations, the relevant provisions of the Regulations are directly replaced by specific standards of the applicable law and are therefore binding on the above-mentioned owner.
All content posted on the Online Store website (including graphics, texts, page layout and logos) benefit from copyright protection and are the sole property of the Seller. The use of this content without the written consent of the Seller shall result in civil and criminal liability.
The store owner, as the personal data administrator, informs you that:
providing data is always voluntary but necessary to perform the order;
the person providing their personal data has unlimited access to all content of their data and rectification, deletion (the right to be forgotten), processing restrictions, the right to transfer data, the right to withdraw consent at any time without affecting the lawfulness of processing, data they may, however, be made available to the competent state authorities when required by the relevant regulation.
The basis for the processing of personal data will be Art. 6 sec. 1 point a) and the content of the general regulation on data protection;
personal data will be stored and processed for the period necessary to complete the processing and execution of the order, but not longer than for 3 years (2 years is the complaint period and 1 year for any other claims and exceptional situations)
the person providing their personal data has the right to lodge a complaint with the Personal Data Protection Office when they consider that the processing of personal data regarding the performance of the contract violates the provisions of the general regulation on the protection of personal data of 27 April 2016;
In terms of the processing of personal data of this store, an appropriate level of protection has not been determined by the European Commission by way of a decision, but the data will be properly secured by means of IT / legal solutions and measures.
Your data will be processed in an automated manner, including in the form of profiling.
In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply, in particular:
The Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws of 2000, No. 22, item 271, as amended).
Act of 27 July 2002 on special conditions of consumer sale and amending the Civil Code (Journal of Laws 2002 No. 141, item 1176 as amended);
Act of April 23, 1964 Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended);
Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422);
Act of June 30, 2000 Industrial Property Law (Journal of Laws of 2001, No. 49, item 508, as amended);
Act of February 4, 1994 on copyright and related rights (Journal of Laws of 2006 No. 90, item 631, as amended),
Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827)
The amended Regulations bind the Customers if the requirements specified in Art. 384 of the Civil Code (ie the customer has been properly informed about the changes).
The Seller reserves the right to amend the Regulations for important reasons, that is:
changes in the law;
changes in payment and delivery methods;
exchange rate change,
changes in the method of providing services by electronic means covered by the regulations,
changes to the Seller’s data, including e-mail address and telephone number.
Amendments to the regulations do not affect the placed and already implemented orders, the regulations in force at the time of placing the order shall apply to them. The seller informs about the intended change on the store’s website at least 30 days in advance. If the amended regulations are not accepted, the Customers may terminate the contract with immediate effect within 30 days of receiving the message.
Disputes arising as a result of the provision of services under these Regulations will be submitted to the General Court at the choice of the Customer who is also a consumer, in accordance with the relevant provisions of Polish law.
Annexes to the Regulations constitute its integral part.
The sales contract is concluded in Polish, with the content in accordance with the Regulations.
Customers of the above-mentioned store can access these Regulations at any time via the link on the main page of the website and download it and print it out, however, commercial use is protected by the LEGATO Law Firm.
The Regulations enter into force on: 12/11/2020