Terms & Conditions
Destined for English-speaking Customers purchasing in Poland and based on Polish Legal Regulations.
§ 1 General provisions
- „MARSALA” is the retail online shop which sells fashion goods, according to this Terms & Conditions (hereinafter called T&C). The shop uses domain www.marsala-butik.pl
- The owner of the „MARSALA” online shop is Anna Nabiałek, registered in the main registry of business activity under name: „MARSALA” Anna Nabiałek, address: Dąbrowskiego 17, 42-200 Częstochowa, Poland; VAT 9492116025; phone number: + 48 533948333.
- The Consumer – a natural person who acquires goods and services for his or her own personal need.
- The Costumer – natural person, legal person or organizational unit without legal personality which visits shop’s site and places order according to the T&C.
- Shop – online shop under domain www.marsala-butik.pl
- This T&C is an integral part of sales agreement between shop and Costumer. Its acceptance is obligatory during shopping process. The acceptance is confirmed by clicking checkbox „Accept T&C” in the order form.
- All of prices are shown as net prices and do not include shipping cost.
- The shipping cost depends on way of delivery of merchandise. Also, depends on value and dimensions of ordered good. The total cost of shipping is displayed while choosing way of delivery during the order process.
- All of goods are free of physical and legal defects.
- Browsing shop’s offer and making order requires:
- PC, smartphone or tablet,
- internet connection,
- web browser like Mozilla Firefox, Internet Explorer, Google Chrome, Opera, Safari, etc.,
- active email account.
§ 2 Making Orders
- There are two ways to make an order:
- With user account. Steps: create user account, login, chose merchandise, select options (color, size, etc.), confirm T&C, add to basket, select payment method, select delivery method, buy.
- Without user account. Steps: chose merchandise, select options (color, size, etc.), confirm T&C, add to basket, fill form fields (name, address), select payment method, select delivery method, buy.
- The Costumer clicking „buy” button confirms acceptance of payment obligation.
- Total cost (product’s price, delivery cost, additional costs – if needed) is shown in the basket before placing order.
- Placing an order is equal to its acceptance by Shop. Every order is being verified by Shop before execution.
- Customer receives confirmation of order by e-mail given in registration form. Since this moment both sides are joined with trade agreement at a distance.
- Costumer’s name and address as well as receiver’s (of product) name and address must be easy to verify.
- Information concerning product placed on the shop’s site next to its name in the moment of placing order are valid for both sides (Shop and Costumer). The information: price, product characteristics, features, elements of set, date and delivery method.
- The prices are valid for goods offered via Shop only. Stationary shop may use different prices.
- The prices of goods may change but the price of good visible while placing an order is valid.
- All of information about product does not mean trade offer according to the Civil Code. By placing order Costumer claims his wish to obtain exact product with its characteristics and features. When the order is verified and confirmed by Shop, the trade agreement becomes valid.
- Detailed information about making orders can be found in the Shop’s www site, tab “How to buy?”
§ 3 Payment methods
- The receipt is attached to every shipped merchandise. Invoice on request only.
- Payment methods:
- Cash on delivery.
- Bank transfer. Account: ING Bank Śląski 91105011421000009217122481, SWIFT: (tu wstawić SWIFT)
- Fast payment PayU (please visit https://corporate.payu.com).
§ 4 Delivery
- Time needed to complete the order means time since placing order to executing shipment. This time counted in hours is computed to working days. Also, this time depends on product availability.
- In case of product unavailability the Costumer will be informed as soon as possible (time of delivery is extended).
- In case of payment method like PayU or bank transfer, time mentioned in §4.1 is counted since money transfer is booked.
- Information about terms and dates of delivery can be found in the Shop’s www site, tab „Delivery and Payment”
- In case of payment method like PayU or bank transfer, order must be paid within 3 working days. Otherwise the order will be cancelled. The Shop will inform the Costumer about cancellation over e-mail or phone.
- After receiving the product, the Costumer is obliged to check out if the product was not damaged during the shipment. If product is damaged – the damage report should be created.
§ 5 Complaints Procedure
- The Shop is obliged to deliver merchandise free of physical and legal defects. Its responsibility is based on Civil Code (Journal of Laws 2017, pos. 459 with updates) article no. 556.
- If delivered merchandise has defect, the Costumer is entitled to lower the price or to terminate trade agreement unless the Shop is going to replace faulty product without inconvenience.
- If defect of product is irrelevant, The Costumer has no right to terminate the trade agreement.
- Complaint requires a written form and must be sent to: Poland, 42-200 Częstochowa, Dąbrowskiego 17 with postscript “Complaint” or by e-mail to: email@example.com.
- The complaint must include following information:
- date of purchase,
- kind of product,
- detailed description of defect and date/time when the Costumer realized the product is faulty,
- copy of receipt, printout of banking transaction or any evidence of purchase.
- Complaint can be done using complaint form placed in Shop’s www site, tab “Complaints and Returns”.
- Faulty product should be sent back to the Shop (see address §5.4). The cost will be covered by Shop.
- The Shop will exam the complaint within 14 days since the complaint is received. The Costumer will be informed about the result of complaint’s examination.
- If Shop has decided to replace the faulty product, it will be sent immediately. The cost of delivery will be covered by Shop.
- Images of products may vary depending on computer’s screen settings (color, proportion, etc.) and are not the base to complaint.
- The Shop does not stand the guarantee to sold products.
§ 6 Trade agreement termination
- According to Consumer’s Rights, the Consumer has right to terminate trade agreement without any reason within 14 days. In this case written statement is required.
- The statement mentioned in §6.1 must be sent to address: Poland, 42-200 Częstochowa, Dąbrowskiego 17 with postscript “Agreement termination”. The e-mail form is not allowed.
- The statement can be sent using return form placed in Shop’s www site, tab “Complaints and Returns”.
- In case the waiver is efficacious, the agreement is regarded to be not concluded.
- The Costumer is obliged to return the product within 14 days since the statement has been sent. The product should be sent back to: Poland, 42-200 Częstochowa, Dąbrowskiego 17, with receipt, without marks of usage, with all parts included (label, etc.)
- The product with visible marks of usage or damage is going to be sent back to the Costumer and the return is not valid.
- The Costumer endures the cost of return.
- If the trade agreement is terminated, the Shop is going to pay back all received payments within 14 days since the statement has been sent. The payments will include the lowest cost of delivery. The Shop is not obliged to pay back higher cost of delivery if the Costumer chose not delivery method with the lowest price.
- The return of payment will be done the same way the Costumer paid for the product unless the Costumer agreed to different way.
- The Shop may suspend the return of payment until the product is received.
- The Costumer is responsible for decrease of product’s value if the product was used in the discordant way.
- The Shop is administrator of personal data.
- Personal data are being used for:
- implementation of the agreement,
- sending messages by e-mail,
- marketing purpose (leaflets, newsletter, etc.).
- Providing personal data by Costumer to Shop is voluntary but it is necessary to make order.
- The Costumer has the right to access, edition and demand to stop processing his personal data.
- The Shop uses cookie files which are small alphanumeric files. The cookie files are being stored by our server on the Customer’s computer (smartphone, tablet, etc.). Also, the cookie files are used to enable Shop’s system to recognize Customer’s device and to provide personalized service and storage of items in shopping cart between visits.
- The cookie files are being used with Costumer’s consent which can be withdrawn at any time.
§ 8 Intellectual Property Rights Statement
All of information, images, graphic layout etc. published in Shop’s www site are property of Shop and cannot be copied without consent.
§ 9 Ways of dealing with complaints and redress
- Any disputes resulting from trade contract or arisen with the trade contract, which cannot be settled amicably, shall be referred by the parties to the settlement by the competent court. In addition the parties resolve that the court competent for arbitration shall be the court of the Claimant.
- Detailed information about ways of dealing with complaints and redress can be found on www sites: www.uokik.gov.pl/spory_konsumenckie.php, https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php, www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php
- The Costumer who is a consumer can obtain help (free of charge) and necessary information at office of Consumer Ombudsman. Also, The Customer who is a Consumer has, among others, the following possibilities to use the out-of-court ways of settling complaints and pursuing claims:
- he has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement,
- he has the right to refer to the voivodeship inspector of the Commercial Inspection with a request to initiate mediation proceedings for amicable settlement of the dispute between the Customer and the Seller,
- may obtain free support for settlement of the dispute between the Consumer and the Seller, using also the support of the poviat (municipal) consumer rights adviser or a social organization whose statutory tasks include protection of Consumers (among others, the Federation of Consumers, the Society of Polish Consumers). The advice is provided by the Federation of Consumers on the toll-free number of consumers’ hotline 800 007 707 and by the Society of Polish Consumers at the electronic mail address firstname.lastname@example.org.
- may report his complaint via the European ODR platform available at the address: http://ec.europa.eu/consumers/odr/.
- Skorzystanie z dostępnych pozasądowych sposobów rozpatrywania reklamacji i dochodzenia roszczeń jest możliwe po zakończeniu procedury reklamacyjnej i ma charakter dobrowolny - obie strony muszą wyrazić zgodę na postępowanie.
- Executing out-of-court ways of settling complaints and pursuing claims is possible after the standard Complaint Procedure is done. Both sides must agree.
§ 10 Changes and validity of T&C
- T&C becomes valid on 15/09/2017
- The Shop reserves the right to modify this T&C at any time. The Costumers will be notified about the changes.
- The provisions of the Polish Civil Code shall apply to the matters not regulated herein.
- Trade contracts concluded with the Shop are concluded in Polish language.