Terms of Use

TERMS OF USE OF AN ONLINE STORE FROM POLAND WITH LOVE
dated at 19.05.2018

 

§ 1 GENERAL CONDITIONS

1. These regulations define the rules for using the online Store located at the URL www.frompolandwithlove.eu.
2. Through this online Store, there is provided a distance selling, via the Internet, in the dropshipping model, of an assortment of fashion and interior accessories.
3. The Store offers new products.
4. The Store is run by the Foundation Akademickie Inkubatory Przedsiębiorczości with a headquarters: Ul. Piękna 68, 00-672 Warszawa, Poland, inscribed to Rejestr Przedsiębiorców Krajowego Rejestru Sądowego led by Sąd Rejonowy for the capital city of Warszawa in Warszawa, XII Wydział Gospodarczy Krajowego Rejestru Sądowego, with the KRS nnumber 0000199402, having a tax number (NIP) 5242495143, as part of StartUP From Poland With Love lead by Dominika Byś as part of AIP program, further called „Seller”.
5. Store contact data:

 
From Poland With Love
AIP
Olivia Gate A,
Al. Grunwaldzka 472
80-309 Gdańsk

e-mail: shop@frompolandwithlove.eu

6. Each person should read the Terms of Use before using the Store.
7. The Terms of Use define the rights and obligations of the Customers as well as the rights and obligations of the Seller as the managing entity of the online Store.
8. Clients are obliged to comply with proprietary copyrights and rights arising from the registration of inventions, patents, trademarks, utility and industrial designs.
9. Making purchases in the Store requires from the Client to own an active and functional e-mail account and Internet access.
10. Information on the scope of personal data processing by the Store ("Privacy Policy") and the scope of use of cookies ("Cookies Policy") can be found at URL frompolandwithlove.eu/pages/privacy-policy.

 

§ 2 DEFINITIONS

1. Shipping address – first and last name or company name, localization in a municipality (for ex. Street name and building/apartment number), ZIP code, municipality and country; the order will be send to this address.
2. Delivery rate-list – listing of available methods of delivery and their costs which can be found at frompolandwithlove.eu/pages/shipping-delivery.
3. Delivery – transportation service with a specified carrier and its cost indicated in delivery rate-list.
4. Proof of purchase – invoice, bill or receipt issued in accordance with Polish Act on Value Added Tax of March 11, 2004, as amended and other applicable laws.
5. Dropshipping – sales model, implemented in the Store, consisting in transferring the process of dispatching the goods to the Producer. The role of the Store in this logistic model boils down to gathering orders and sending them to the Producer, who performs the shipment of goods to the Client.
6. Working day – one day from Monday to Friday, excluding public holidays.
7. Registration form – electronic service; a form available in the online Store that allows the User to create an account.
8. Order form – electronic service; an interactive form available in the online Store that allows the Client to place an order, in particular by adding products to an electronic cart and defining the terms of sales contract, including the method of delivery and payment.
9. Product card – a single subpage in the Store containing information about a single product.
10. Client – both the Customer and the Enterpreneur.
11. Customer – an adult individual with full legal capacity, making a purchase from the Seller not related directly to its business or professional activity.
12. Account – electronic service which is marked with an individual name (login) and a password provided by the Client with a set of resources in the Seller's IT system, where the data provided by the Client and information about orders placed by him in the online Store are collected.
13. Cart – a list of products made from the products offered in the Store based on the individual choices of the Client.
14. Place of delivery – shipping address or collection point indicated in the order by the Client.
15. Moment of delivery – the moment at which the Client or a third party indicated by him takes the ordered item into possession.
16. Newsletter - an electronic service provided by the Seller to Users who agreed to send them a Newsletter, consisting of automatic sending by the Seller to such Users cyclical content of subsequent editions of the newsletter containing information about the Products, news and promotions in the online Store.
17. Payment - the method of paying for the subject of the contract and delivery chosen by the Client from among the methods indicated at frompolandwithlove.eu/pages/shipping-delivery.
18. Producer - a third party involved in the production and shipment of products offered in the Store to the Client.
19. Product - a movable item available in the online Store which is the subject of a sales agreement between the Client and the Seller.
20. Entrepreneur – an individual, a legal person or an entity without legal personality that performs legal acts on its own behalf as part of business or professional activities.
21. Collection point - the place of delivery of the item not being the shipping address, listed in the list provided by the Seller in the Store.
22. Terms of Use – this document defining the terms and conditions of using the online Store and purchasing products therein.
23. Registration - voluntary data provided by the Store's Client, consisting in completing the registration form available on the pages of this Store.
24. Store - an online store operating at www.frompolandwithlove.eu, selling products at a distance.
25. Completion date – number of hours or working days needed to complete the order shown on the product card.
26. Sales contract - product sale agreement concluded between the Client and the Seller at a distance via the online Store.
27. User - any entity using the Internet, who will access the Store's website.
28. Order - Client's declaration of intent submitted via the order form, clearly specifying: the type and quantity of products, type of delivery, shipping address; Client's data, and aiming directly at concluding a product sales contract with the Seller.

 

§ 3 TECHNICAL REQUIREMENTS FOR USING THE ONLINE STORE

1. In order to use the Store, the Customer should have:
a) a device transferring ICT data;
b) an access to Internet;
c) e-mail address.
2. The Store collects information contained in cookies files, which are text files. These files do not retain any personal data, they are used in an anonymous way to assess the real interest in the website of the online Store. Cookies are used to exchange information between the online Store and the User, which greatly facilitates the adjustment of the offer to the expectations and preferences of each User.
3. The customer decides about the use of cookies. Web browsers are often set by default to install these files on the User’s end device. The User can change settings at any time.
4. The Seller informs that the turning off by the Customer the possibility of using cookies may affect the functionalities available in the online Store.
5. Detailed information about cookies are included in the Cookie Files Policy, available on the Store's website and being an integral part of these Terms of Use, located at frompolandwithlove.eu/pages/privacy-policy.

 

§ 4 ORDER PLACEMENT AND FULLFILLMENT

1. The information provided on the Store's websites, including information on the presented products, and in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a contract.
2. Orders can be placed 24 hours a day, 7 days a week.
3. In order to place an order, the Client should perform at least the following steps:
a) select the product or products that are the subject of the order by clicking the "Add to cart" button;
b) from the cart view, click on the "Checkout" button;
c) choose the place of delivery;
d) choose the available method of delivery;
e) choose the available method of payment;
f) verify the order preview by clicking the „Review order”;
g) place an order in the Store by using the „Complete order” button;
h) there will be a redirection to the electronic payment system in which the order should be paid.
4. The sales contract will be considered as concluded at the moment of payment by the Client and after receiving by him an electronic confirmation of the order transfer to the Producer.
5. If the Client notices that the order confirmation received by e-mail in inconsistent with the order placed by the Client, the Client should inform the Store without undue delay by sending an e-mail with an indication of the discrepancies noted. The e-mail shoud be sent to shop@frompolandwithlove.eu. The Store will send to the Client a corrected confirmation of the order without undue delay.
6. The completion of the order consists in creating the product ordered by the Client and preparing it for shipment by the Producer.
7. The order is considered completed when it is finished and prepared for shipment.
8. If, due to reasons beyond the Seller's control, the term of the order completion changes, he will inform the Client via e-mail. The Client decides whether the order is to be continued.
10. After completing the order, the Seller will send the confirmation of order completion to the Client's e-mail address.
11. The proof of purchase (invoice) will be sent to the Client via e-mail.

 

§ 5 DROPSHIPPING

1. The Seller informs that the sale of the products in the Store is carried out in the Dropshipping model.
2. The Seller declares that he has received consent from his Client to provide his personal data to send the product via the Producer in the Dropshipping model. The Client gives his consent by agreeing the Privacy Policy before proceeding to checkout.
3. The Seller is liable for providing the Producer with data received from the Client, i.e. data for deliveries and for handing over the order for his Client.
4. When the Client is a Customer, the Seller is obliged to inform the Producer about the Customer's rights regarding returns and reclamations.
5. Returns and reclamations are examinated by the Store.

 

§ 6 METHODS OF PAYMENT AND DELIVERY

1. Available forms of delivery and methods of payment with its price lists are set out in the subpage of the store available at the address frompolandwithlove.eu/pages/shipping-delivery.
2. Delivery costs shall be paid by the Client, unless the Seller sets out differently in the Store.
3. The Client is obliged to provide correct data to the VAT invoice.
4. The Store is responsible for the risk of accidental loss or damage of the ordered goods until the Client receives it, unless the Client chose a different form of delivery than the deliveries proposed by the online Store.
5. The Client, at the time of receipt of the parcel, has the option of checking the goods and in the event of any damage, write the report in the presence of the carrier. Writing down the report is not a condition for submitting a reclamation or for exercising the right to withdraw from the contract.
6. The products are delivered only in the territories of the countries indicated at the address frompolandwithlove.eu/pages/shipping-delivery.

 

§ 7 PRICES

1. The prices given for products on the online Store website are given in Euro and include taxes and fees. It is possible to change the currency to another available in the Store.
2. The price of the product before clicking the "add to cart” button does not include shipping costs and other additional fees. Shipping and payment costs are added to the sum of ordered products. The Client is informed before placing an order with any additional costs, fox ex. related to the packaging.
3. The final price of the order, binding on the online Shop and the Client is the product price given on the online Store website before placing the order by the Client, along with all costs related to the performance of the sales contract.

 

§ 8 WITHDRAWAL FROM THE SALES CONTRACT

1. The Client has the right to withdraw from the contract concluded remotely without giving a reason.
2. The deadline for withdrawing from a distance contract is 14 days from the date of delivery of the product, and it is sufficient to send a statement before it expires.
3. The Client may submit a declaration of withdrawal from the form available at the address frompolandwithlove.eu/pages/returns.
4. The Seller shall immediately confirm to the Client by e-mail the receipt of the statement of withdrawal from the contract.
5. In the event of withdrawal from the contract, the contract is considered null and void.
6. The Client is obliged to return the product to the Seller immediately, but no later than 14 days from the date on which the Seller confirms his withdrawal. To meet the deadline, it is enough to return the product before its expiry.
7. The Client sends back the products being the subject of the contract, from which he resigned, to the address given to him in the withdrawal confirmation e-mail or to the following address:


From Poland With Love
Ul. Ceynowy 29
84-207 Bojano, Poland


8. The Client is liable for a decrease in the value of the product being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
9. The Seller shall immediately, not later than within 14 days from the date of receipt of the statement of withdrawal from the contract submitted by the Client, return to the Client all payments made by him, including the costs of delivering the product to the Client if incurred by the Client.
10. The Seller shall refund the payment using the same method of payment as that used by the Client, unless the Client expressly agreed to a different payment method which does not involve any costs for him.
11. If the Seller determines that the product returned by the Customer has been used, which has diminished its value, he may reduce the amount refunded to the Customer for an appropriate amount of money.
12. The Seller may withhold reimbursement of the payment received from the Client until receipt of the product or delivery by the Client of proof of its return, depending on which event occurs first.

 

§ 9 WARRANTY AND PRODUCT RECLAMATION

1. The Seller is obliged to provide the Client with a product free from defects.
2. The Seller is liable to the Client if the product sold has a physical or legal defect (warranty for defects).
3. The Client, if the product sold has a defect, may:
a) submit a statement requesting a price reduction;
b) submit a statement on withdrawal from the contract;
unless the Seller immediately and without excessive inconvenience to the Client, replace the defective item with a defect-free one or remove the defect. However, if the item has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the item for free from defects or to remove the defect, he is not entitled to replace the item or remove the defect.
4. The Client may, instead of removal of the defect proposed by the Seller, demand the replacement of the product for a free from defects one, or instead of replacing the product, demand removal of the defect, unless it is impossible to bring the product into compliance with the contract in the manner chosen by the Client or would require excessive costs compared to the proposed method by the Seller, while the value of the product free of defects, the type and significance of the defect found in the assessment of the excess of costs are taken into account, and also the inconvenience to which the Client would expose the other way of satisfying.
5. The Client, if the product sold has a defect, may also:
c) demand replacement of the product for a free from defects one;
d) request removal of the defect.
6. The Seller is obliged to replace the defective product with a product free of defects or to remove the defect within a reasonable time without excessive inconvenience to the Client.
7. The Seller may refuse to satisfy the Client's request if it is impossible to bring the defective product into conformity with the contract in a manner chosen by the Client or would require excessive costs in comparison with the second possible way to bring it into compliance with the contract.
8. The Client who executes the rights under the warranty is obliged to deliver the defective product to the address of the complaint at the expense of the Seller. In the event of non-performance of the obligation by the Seller, the Client is entitled to send back the items at the expense and risk of the Seller.
9. The costs of replacement or repair shall be paid by the Seller.
10. The Seller will respond within 14 days to:
a) statement about the demand for price reduction;
b) declaration of withdrawal from the contract;
c) request the exchange for a product free from defects;
d) request removal of the defect.
Otherwise, it is considered that he approved the Client's statement or request.
11. The Seller is liable under the warranty if the physical defect is found before the expiry of two years from the date of product release to the Client
12. The Seller is released from liability under the warranty if the Client knew about the defect at the time the contract was concluded.
13. If the Client is an Entrepreneur, the Seller's liability under the warranty is excluded.

 

§ 10 GUARANTEE

1. Some products available in the Store may be covered by the Producer's guarantee. Information on the guarantee provided by the Producer can be found in the product description.

 

§ 11 PRIVACY POLICY AND PROTECTION OF PERSONAL DATA

1. The administrator of databases of personal data provided by Customers in the Store is the Seller.
2. The Seller undertakes to protect personal data. The Client giving his personal data to the Seller when placing the order agrees to their processing by the Seller in order to complete the order. The Client has the ability to view, correct, update and delete his personal data at any time.
3. Detailed rules for the collection, processing and storage of personal data used to process orders by the Store are described in the Privacy Policy, which is located at frompolandwithlove.eu/pages/privacy-policy.

 

§ 12 FINAL PROVISIONS

1. None of the provisions of these regulations is intended to infringe the Client's rights. It can not be interpreted in this way either, because in the event of non-compliance of any part of the regulations with the applicable law, the Seller declares absolute compliance and application of this right in place of the challenged provision of the regulations.
2. The registered Users will be notified via e-mail about changes to the Terms of Use and their scope (on the e-mail address provided during registration or order). The notification will be sent at least 30 days before the entry into force of the new regulations.
3. The actual version of the Terms of Use is always available for the Users on the Store's subpage at frompolandwithlove.eu/pages/terms-conditions. During the execution of the contract and throughout the period of after-sales care of the Client, the regulations accepted by him when placing the order are in force. Except for the situation when the Client deems it less favorable than the current one and informs the Seller of the current choice as binding.
4. In matters not covered by these regulations, the relevant applicable legal provisions shall apply.
5. If the Client is a Customer, any disputes arising from the Terms of Use or sales contracts may be resolved through mediation or via the European ODR platform at ec.europa.eu/consumers/odr/.
6. If the Client is an Entrepreneur, all disputes arising from the Terms of Use or sales contracts will be settled amicably by the parties through negotiation or mediation, and in the event of the parties' failure to agree - by the General Court competent for the Seller's registered office.