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§ 1. Application
- The website located at www.missabracadabra.com is an online store and is used to conduct the distance selling of lingerie via the Internet.
- The online store available on the website www.missabracadabra.com hereinafter referred to as the “Store” is run by Tomasz Kobeszko who is conducting business under the name of “Miss Abracadabra Tomasz Kobeszko”, address: ul. Edwarda Marczewskiego 3, 51-169 Wrocław, NIP: 8951969615, REGON: 360967915, e-mail: email@example.com, phone number: +48 500 00 2015.
These Terms and conditions apply to sales agreements between:
- Tomasz Kobeszko conducting business under the name of “Miss Abracadabra Tomasz Kobeszko” hereinafter referred to as the “Seller”,
- The buyers of his products (people ordering products from the website) hereinafter referred to as the “Customers”.
- The Customer is a natural person who is a consumer (ie. a natural person entering into legal transactions with an entrepreneur which are not directly related to its business or professional activity) or a natural person who is not a consumer, or a legal person having legal capacity.
- Terms and conditions concern all Customers and lay down rules of placing orders in the Store, conclusion of sales agreements, registration process and usage of the Customer’s account.
- The legal provisions under the Act on Consumer Rights of 30th of May 2014 (Dz. U. z 2014 r., poz. 827) regarding the obligations of the Seller concluding the distance selling agreement, the rules and procedures of conclusion and withdrawal from the contract are applicable only to Customers who are consumers.
- The sale is carried out on the Polish territory, in the European Union and the countries outside the European Union with the exception that sale outside the Polish borders is possible subject to prior agreement with the Seller.
- The products offered in the Store are new, in accordance with their descriptions, and have been legally placed on the Polish market.
§ 2. The descriptions and images of the products
- On the website the Seller provides the Customers with general information about the products. It contains a description of the product according to the information shared by the manufacturer or distributor.
- The appearance, especially colour of the products presented on the website may differ slightly from the actual look of the products within the limits of typical differences between the actual appearance of a thing and its appearance on the picture.
§ 3. Customer account information
- The Customer can place an order in the Store through the website by using Customers’s account or by using the option of placing an order without registering an account (which is done by unchecking the “Create an account” when making a first purchase).
- Registration on the site shall result with creating the Customer’s account, so that in the future all Customer’s data will be displayed after logging in.
- Placing an order without registering is possible without recording permanent data in the database of the Store.
- Registration of the account can be done at any time.
- At the time of registration, the Customer is asked to familiarize themselves with these Terms and Conditions.
§ 4. Placing orders
- Orders are taken by the Store via the website www.missabracadabra.com 7 days a week, 24 hours a day. Orders are executed (assembled and shipped) every working day till 16.00.
- The current customer service is carried out on weekdays from 9 am to 3 pm at the telephone number:+48 500 00 2015 and e-mail at: firstname.lastname@example.org.
- To place an order the Customer should choose the product and then click “Add to Cart” – the Customer can add products to Cart repeatedly without having to make a payment every time. Afterwards the Customer is asked to click on “Proceed to checkout” button to make a transaction.
- The Customer chooses the way of delivery and payment method, and then place an order by selecting “Order and pay”.
- Placing an order by the Customer constitutes an offer to enter into a sales agreement with the Seller, in accordance with the provisions of these Terms and Conditions.
- After placing an order the Customer will receive an automatic message on given e-mail address indicating that the order has been placed. That message shall contain all of the information provided in the order, the list of products ordered and the link to check the status of the order. After verification of the order by the Store, there shall be sent another e-mail confirming acceptance of the order. Sales agreement shall be concluded at the moment of the Customer receiving the message informing of acceptance of an order. That message shall also contain the confirmation of the sales agreement.
- The Customer shall be informed by an e-mail on the receipt of payment and shipping the products.
- The Customer may cancel an order or make changes to the agreement only by contacting with the Store service by sending e-mail to the following address : email@example.com and typing in the title the order number (ID) and the Customer’s data. Changes in orders and cancellation of the order can be made until transferring the ordered products to be sent.
- The main condition of executing an order is correctly filling out an order form which is available on the Store website. The Customers who are registered do not have to fill out form again, logging in is sufficient.
- When placing an order the Customer is required to provide valid personal data: name, exact address, e-mail address and phone number .
- Data used by the Seller to execute orders which are provided by the Customer during placing orders, as well as registering an account, have to be real. In case of doubts as to the correctness of the data, the Seller may ask the Customer for their confirmation by phone or e-mail. If it is determined that such information is false, incomplete, or contain significant errors preventing the execution of the order, the Seller reserves the right to suspend the order until resolving those doubts.
- Only the limited number of products is intended for promotional sales. The order of executing orders is based on the order of the Seller receiving confirmed orders, until all products intended for this type of sale are sold.
- A receipt is issued for every order. A VAT invoice is issued at request. In order to receive an invoice Customer shall enter such a request with all necessary data in the “Comments” section in the order form.
§ 5. Prices
- The prices of products in the Store are given in Euro and include all of its components, including VAT, customs duties and other taxes.
- Change in prices is made by publication of the new prices on the website and is binding from the moment of their publication. Changes do not affect the execution of contracts concluded prior to the change.
§ 6. Terms of payment and delivery
- The Customer has the right to choose one of the following forms of payment : bank transfer – transfer via PayPal or Credit Card.
- In case of bank transfer not being received by the Store within 14 working days from the date of confirmation of the order, the order shall be cancelled.
- Shipments in the European Union and the countries outside the European Union are handled by DHL courier.
- After confirming the selected option of payment and delivery during filling out the order form shipping costs will automatically be added to the price.
- The mentioned above shipping costs are a subject to change. The Store will notify Customers about the change by introducing appropriate changes in these Terms and Conditions. Such change shall have no effect on already concluded agreements.
- Orders will be passed for shipping within two working days from receipt of confirmation of payment or from the date of order when selecting a form of payment on delivery.
- The package should be delivered within 5 days from passing order for shipping. In no case, the delivery time shall exceed 30 days from the date of conclusion of the contract of sale.
- The ordered products along with the proof of purchase (receipt or original invoice) is sent to the address specified by the Customer when placing an order.
- The Store shall not be responsible for undelivered products or delay in delivery caused by wrong or inaccurate address provided by the Customer.
- The Customer is advised to check the package before its acceptance. The Customer should check whether the packaging is not damaged, that is whether it bears marks of any impact, beat or cracks. Most often destroyed packaging can be recognized by tears, deformation or excessive staining. The Customer should pay special attention to the condition of safety tapes on the package. The Customer may require the supplier (ie. an employee of the courier) to draw up a damage report.
- In case of the packaging being damaged or the tapes being torn the Customer may refuse to accept the shipment and the in courier’s presence draw up a damage report and keep a copy of the report.
§ 7. Complaints
- All products offered in the Store are brand new, free from physical and legal defects, and have been legally placed on the Polish market.
- Seller is liable for defects of products (statutory warranty for defects).
- If a sold product has defects, the Customer may withdraw from the contract or demand a price reduction unless the Seller immediately an without excessive inconvenience exchanges the defective product for one free from defects or immediately removes the defects. This limitation is not applicable if the product has already been exchanged or repaired by the Seller or if or if the Seller has not fulfilled his obligation to repair or replace. The Customer who is a consumer instead of removing the defects may demand an exchange or demand removing the defects instead of an exchange unless bringing the product into conformity with the agreement in a way chosen by Customer would be impossible or would involve excessive costs.
- The Customer cannot withdraw from the contract if the defect is insignificant.
- The Seller shall be liable under the statutory warranty if a physical defect is found within two years from the date of delivery the product to the Customer.
- The Customer may make a complaint in particular by downloading the form available in the “Complaints” tab, filling it out and sending it along with the defective goods. Products have to be returned together with a written description of the defect or complaint form downloaded from the website of the Store.
- Products should be sent back to the following address: Miss Abracadabra, ul. Plac Muzealny 13/5, 50-035 Wroclaw, Poland. A copy of the receipt or invoice has to be attached to the returned goods or the purchase of goods has to be documented in other way.
- The complaint shall be considered within 14 days of receipt of the defective goods by the Seller. If the complaint is recognized all the costs of defect removal or exchange shall be borne by the Seller.
- In case of not recognizing the complaint, the goods shall be sent back to Customer together with an opinion as to the inadmissibility of the complaint.
- Lack of Seller’s response within 14 days shall mean the recognition of the Customer’s complaint.
§ 8. Right of withdrawal from the contract
- Under the provisions of the Act on Consumer Rights, every Customer who is a consumer has a right to withdraw from the contract within 14 days without giving any reason. In case of withdrawal from the contract the Seller returns all payments received from the Customer, including the cost of delivery of goods (excluding additional costs resulting from the Customer choosing form of delivery other than the least expensive one offered by the Seller).
The withdrawal period commences with a receipt of the goods by the Customer or third party (different from the carrier) indicated by the Customer. If:
- the purchased product consists of a lot of things that are delivered separately, in batches or in parts, the 14 days period commences with a delivery of the last thing, batch or part,
- there are a lot of products which are delivered to the Customer during an indicated period of time, the 14 days period commences with delivery of the first product.
- The Customer can withdraw from the contract by submitting a notice of withdrawal. Withdrawal may in particular be made in writing and sent to the Store: Miss Abracadabra, ul. Plac Muzealny 13/5, 50-035 Wroclaw, Poland.
- In case of withdrawal from the contract, such contract shall be deemed as not to have been concluded. If a notice has been submitted before the Seller accepted Customer’s offer the offer ceases to be binding.
- The Seller immediately, but not later than within 14 days from receiving notice of withdrawal from the Customer, returns all payments made by the Customer, including the cost of delivery. Refund takes place in the same way which was used by the Customer unless the Customer agrees to a different way not causing the Customer to bear any costs.
- The Seller reserves the right to withhold the refund of payments received from the Customer until he receives the goods back or the Customer delivers a proof of sending the goods back, depending on which event occurs first.
- The Customer is obliged to return the goods to the Seller or to a person authorized by the Seller immediately but in no case later than 14 days from the date of withdrawal from the contract. Sending the products back is sufficient to meet the deadline.
- The Customer bears only the immediate costs of returning the goods to the Seller.
- The Customer is liable for diminished value of product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
- Products should be returned to the following address: Miss Abracadabra, ul. Plac Muzealny 13/5 50-035 Wroclaw, Poland. A copy of the receipt or invoice has to be attached to the returned goods or the purchase of goods has to be documented in other way.
- The withdrawal form , which can be used by the Customer, can be found “here” .
§ 9. Personal data protection
- Personal data controller is Tomasz Kobeszko conducting business under the name firmą „Miss Abracadabra Tomasz Kobeszko”, ul. Edwarda Marczewskiego 3, 51-169 Wroclaw, Poland.
- The Customer’s personal data provided during the process of conclusion of a sales agreement or registration (in accordance with the Act on the protection of personal data of 29 August 1997, Dz. U. No 133, item . 883) are collected and processed for the purposes of execution the agreement , delivery of the products, fulfilling the obligations under the warranty, vindication and to exercising other rights and contractual obligations.
- The Customer may agree to be receiving business information, including promotional materials, from the Store. Such information shall be sent by means of electronic communication, on the e-mail address specified by the Customer. The Customer may also agree to the processing of the Customer’s personal data for purposes of advertising, studying the market and Customer’s behaviour and preferences. Result of such research shall be used to improve the quality of services provided by the Store.
- The Customer has the right to inspect their personal data, modify them and demand their removal, in whole or in part.
- The Customer’s personal data are protected in accordance with the Act on the protection of personal data of 29 August 1997 and shall not be passed on to third parties.
§ 10. Cookies policy
- The Seller hereby informs that in order to provide Customers with efficient use of the Store he collects information contained in cookies.
- Cookies are computer data, in particular text files, that are stored in the terminal device of the Customer and are intended for the use of the website of the store. Cookies typically contain the name of the website which they came from, time of their storage on the terminal device and a unique number.
- Cookies are used in order to personalize site content and optimize the use of websites; these files allow in particular to recognize the Customer’s device and display the website properly and tailor it to their individual needs. Cookies are also used to create statistics which enable to understand how the Customers use websites, which allows to improve their structure and content. Also cookies enable maintaining Customer’s session (after logging in), thanks to that the Customer does not have to enter login and password on each page of the Store.
- In many cases, the software used to browse the web (Web browser) by default allows storage of cookies in the terminal device of the Customer. The Customers may change those settings at any time. In particular they can be changed in such a way as to block the automatic support of cookies or to request an information every time cookies are saved in the Customers device. Detailed information about the possibilities and ways of handling cookies are available in the web browser settings.
- The Store hereby informs that limitation of support of cookies may in some ways affect functioning of the website. Cookies saved on the Customer’s terminal device may also be used by advertisers cooperating with the Store and partners.
§ 11. Final provisions
- Terms and conditions enter into force on …..
- The Store may make changes to these Terms and Conditions. The change is made by publication of the new Terms and Conditions along with a clear information indicating the date when the new provisions come into force. Information about the planned amendments to the Term and Conditions will appear on the website 7 days in advance. Registered Customers shall be informed of the changes via e-mail and, in case of not accepting the changes, may cancel their account. Changing the Terms and conditions in no way affects the rights acquired prior to it and does not apply to contracts concluded into before the change.
- To all matters not settled herein, the provisions of generally applicable Polish law shall apply, especially The Civil Code (Dz. U. z 2014 r., poz. 121) and in case of the Customers who are consumers – the provisions of the Act on Consumer Rights of 30th of May 2014 (Dz. U. z 2014 r., poz. 827).
- In an accordance with the provisions of the Law on Electronic Services an entity using this website is obliged not to post any illegal content.
- Terms and Conditions are available at www.missabracadabra.com.
- All products’ names presented on the website are used for identification purposes only and may be trademarks of their respective owners.
- Provisions on withdrawal referred to in § 8 of these Terms and Conditions shall not apply to the Customers who are not consumers.
- Any dispute that may arise from the Terms and Conditions or sales agreements, subject to paragraph 9, shall be settled by Polish court.
The Customer who is a consumer under the provisions of the Civil Code has the possibility of using extrajudicial means of dealing with complaints and seeking redress, in particular such Customer is entitled to:
- refer to a permanent amicable consumer courts operating at the Trade Inspection with a request to settle the dispute arising from the sales agreements;
- refer to the regional inspector of Trade Inspection with a request to initiate a mediation procedure on amicable settlement of the dispute with an entrepreneur;
- acquire free advice from the district (municipal) consumer ombudsman or social organization which statutory tasks include consumer protection, for example Consumer Federation, Association of Polish Consumers.
- Minimal technical requirements of the computer used for purchases in the store :
- for mobile devices : the current version of the Internet browser : Android browser, Safari Mobile , BlackBerry Browser , Firefox for mobile , Chrome for Ios, the Opera Mobile.