TERMS AND CONDITIONS – LINGERIE PARTNER
Chapter I. General information
- The owner of an online store operating operating at the address http://lingeriepartner.com/, run by WIMAR MACIEJ WIŚNIEWSKI, Małgorzaty 14, 64-920 Piła, REGON 300892472, NIP 764 182 03 09, (hereinafter referred to as the "Vendor").
- A Buyer (also referred to as a "Buyer") may only be an entrepreneur as defined in art. 431 of the Civil Code. By accepting these Terms and Conditions the Buyer declares that they are an entrepreneur as defined in art. 431 of the Civil Code, that they operate an active business, and that the data provided on the website http://lingeriepartner.com/ is true and in accordance with the information in the registry and list.
- The main aim of these Terms and Conditions, hereinafter referred to as "Terms", is to set out the respective rights and obligations arising from the entering by the Vendor and the Buyer into a Contract for the Sale of Goods, as well as to set out the conditions of provision of electronic service involving the website http://lingeriepartner.com/.
- These provisions of the Terms shall apply to any Contract for the Sale of Goods between the Vendor and the Buyer entered into via the Online Shop and bind the Buyer from the moment of their delivery or from the moment when the Buyer can easily become familiar with their content – i.e. via the website http://lingeriepartner.com/. In respect of the entering of these Terms into force with reference to registered Customers, the provisions set out in Chapter XII section 6 of the Terms shall apply.
- The provisions of the Terms constitute an integral part of Contracts for Sale entered into by the Vendor and the Buyer. The amendment or exclusion of particular provisions of the Terms may take place only with the prior consent of Lingerie Partner in writing, or otherwise shall be null and void.
- Any information regarding Goods, in particular including prices, catalogues, booklets, brochures, information or advertising materials, as well as information placed on the website http://lingeriepartner.com/, addressed by Lingerie Partner to recipients and Customers, is of an informative nature and does not constitute an offer as provided for by law.
- The Customer agrees to the use of the "cookie" mechanism used by the Vendor on the Online Shop Website. Cookies are saved by the Vendor's server on the hard drive of the Customer's device when the Customer uses the Online Shop Website. Cookies are used for the purpose of the proper functioning of the Online Shop Website on the Customer's devices. This mechanism does not produce any changes in the setup of the Customer's devices, nor in the software installed on such devices. Each Customer may disable the "cookie" mechanism in the web browser of their device. The Vendor emphasises that disabling cookies may cause difficulties with or prevent the use of the Online Shop Website.
- The Vendor shall make every effort to enable Internet users to use the Online Shop with any popular internet browser, operating system, type of device and type of internet connection. Minimum system requirements to set up an account in the store that gives you the opportunity to buy and place orders are Internet Explorer version 8 or later, Firefox or Chrome version 25 or later, as well as Internet access and an e-mail address.
Chapter II. Definitions
- Lead Time – the time necessary to prepare the order for shipment by a courier service or for personal collection by the Customer.
- Delivery Time – the time necessary for the delivery of Customer's order via a courier service, provided that the Customer has chosen the delivery option set out in Chapter VII section 1 letter a) hereof.
- Working Days – weekdays from Monday to Friday excluding public holidays.
- Delivery – means the actual act of delivering to the Customer by the Vendor, via the courier company, the Goods specified in the order.
- Password – means a string of letters, digits or other characters selected by the Customer during the Registration in the Online Store, used to secure access to the Customer Account in the Online store.
- Customer – an entrepreneur as defined in art. 431 of the Civil Code, with whom a Contract for Sale may be entered into in pursuance of the Terms and legal regulations.
- Customer Account – an individual panel for each Customer, set up for them by the Vendor after the Customer completes the Registration process and after concluding a contract for services regarding maintenance of the Customer Account.
- Login – the Customer's individual designation, selected by them, comprising a chain of letters, digits or other symbols, which, along with the Password, is necessary to create the Customer Account with the Online Shop. The Login is the actual e-mail address of the Customer.
- Terms and Conditions – these Terms and Conditions.
- Registration – an actual act performed in the manner set out in the Terms, required of the Customer in order to use the full functionality of the Online Shop and to create the Customer Account.
- Vendor – means WIMAR MACIEJ WIŚNIEWSKI, Małgorzaty 14, 64-920 Piła, REGON 300892472, NIP 764 182 03 09, at the same time being the owner of the Online Shop.
- Shop – an Internet wholesale outlet of Goods operated under the domain http://lingeriepartner.com/.
- Online Shop Website – a website through which the Vendor runs the Online Shop, working in the domain http://lingeriepartner.com/.
- Goods – a product displayed by the Vendor via the Online Shop Website that may be the subject of the Contract for Sale.
- Contract for Sale – a Contract for Sale entered into by the Customer and the Vendor pursuant to the regulations of the Terms.
Chapter III. Registration, creation, maintenance and deletion of the Customer Account
- To place an order with the Online Shop via the Online Shop Website and to use the full functionality of the Online Shop, it is necessary to undertake the Registration of the Customer and to create the Customer Account.
- In order to create the Customer Account, the Customer must undergo the free Registration process.
- In order to perform the Registration, the Customer should fill in the registration form uploaded by the Vendor on the Online Shop Website and send the Vendor the completed form via e-mail, which can be done by selecting the appropriate option on the registration form. During Registration the Customer sets up their personal Login and Password.
- When filling in the registration form, the Customer may read the Terms and accept them by selecting the suitable field in the form. Once Registration is complete, the Customer may at any time download a PDF file with the Terms.
- During Registration the Customer may voluntarily give their consent for processing their personal data for marketing purposes by selecting the suitable field in the registration form. In such a case, the Vendor shall clearly inform the Customer about the intention of collecting personal data, and about the predicted recipients of this data known to the Vendor.
- Once a completed form has been submitted, the Customer immediately receives a message, sent to the provided e-mail address, with confirmation of sending the form and an activation link. The condition of completing Registration and creating the Customer Account is to activate it via clicking the activation link within 24 hours of its delivery. If the Customer does not activate the link within that time, the Registration will not be made.
- After the Customer clicks the activation link, pursuant to section 6 above, the Vendor authorises the Customer Account and, in particular, checks the correctness of the data entered by the Customer and, in the event of any doubt, may request that the Customer supplement or correct the data. The Vendor reserves the right to make a request for documents confirming the registration of the Customer with the appropriate registries, lists and tax offices in order to confirm the correctness of their identification data, otherwise the Vendor may refuse to create the Customer Account or delete an existing Customer Account.
- Once the Customer Account has been authorised by the Vendor, the Customer receives a message, sent to the e-mail address provided by them, about the authorisation of the Customer Account. From this moment a contract is concluded for providing a service for maintaining the Customer Account, the Customer is granted access to the Customer Account and may change the details provided during Registration.
- The Customer is obliged not to reveal information necessary to log into the Shop to anyone who is unauthorised, and to keep it safe, so that no unauthorised person has access to this information.
- A Customer who has completed the Registration may request from the Vendor deletion of the Customer Account; however, the Vendor may delete the Customer Account within 14 days of the moment of sending the request, with the stipulation that the timescale for deleting the Customer Account may be exceeded by the Vendor until the Customer has settled liabilities towards the Vendor arising from previously concluded Contracts for Sale or from the Terms.
- The Vendor is authorised to delete the Customer Account in the event of Customer actions to the detriment of the Vendor or other Customers, the Customer's infringement of legal regulations or the provisions hereof, or if blocking access to the Customer Account is justified by safety reasons, in particular in the case of the Customer breaking the security measures of the Online Shop Website. The Vendor may block access to the Customer Account if the Customer has not accepted the content of the Terms. Prior to deleting or blocking the Customer Account, the Vendor shall notify the Customer via e-mail about the intention to block or delete the Customer Account within a set timescale. If the Customer does not stop their conduct, or if nonfeasance is the reason for deleting or blocking the Customer Account within the set timescale, the Vendor shall delete or block the Customer Account and notify the Customer about it via an e-mail to the address provided by the Customer.
- The Customer Account may be deleted by the Vendor after a period of 1 year from the Customer's last activity with the Online Shop.
Chapter IV. Prices
- Prices placed on the Online Shop Website are of an informative nature and do not constitute an offer as provided for in the Civil Code. They shall become binding – for the needs of concluding a particular Contract for Sale – only from the moment of confirming the processing of the order, which is set out in Chapter V section 6 hereof.
- The Vendor declares that in the case of Customers with their registered office in countries that are not member states of the European Union, a minimal order value may be set, being a prerequisite for processing an order. The minimum order value for Customers with their registered office in countries that are not member states of the European Union will be indicated on the Online Shop Website and may change.
- The prices of all Goods shown on the Online Shop Website are net prices, which will be increased by VAT and possible tariffs, excise and other public levies applicable in the country of the Customer, and also by the Delivery cost.
- The Vendor reserves the right to change the prices of Goods presented on the Online Shop Website, in particular due to changes in currency rates, salaries, material prices, energy crises, changes in law, and also when posting information about new Goods, or conducting, ending and making changes to promotional campaigns on the Online Shop Website.
- In the event of a promotional or sales for which a limited number of Goods are allocated, confirmed orders for those Goods will be processed on a first-come, first-served basis, until stocks of Goods being sold through such a sale run out.
- The price shown next to Goods applies only in the case of placing an order via the Online Shop Website at the moment of placing the order.
- The Vendor shall make every effort to ensure that Goods shown on the Online Shop Website correspond with the current stock levels of the Vendor. If the ordered Goods are partially or completely unavailable, the Vendor shall immediately notify the Buyer about this and, if the Buyer exercises the right to withdraw the contract, the Vendor will return the whole amount paid by the Buyer in accordance with the regulations hereof.
- If the Vendor makes a change in the prices of Goods sold through the Online Shop after the conclusion by the Parties of a Contract for Sale, the Buyer has the right to withdraw from the contract.
Chapter V. Orders
- The Customer may place orders with the Shop via the Online Shop Website, 7 days a week, 24 hours a day.
- A Customer placing an order through the Online Shop Website completes the order by selecting the Goods they are interested in and specifying their size, colour and quantity. Adding Goods to the order is done by selecting the command "ADD TO BASKET" under a given item shown on the Online Shop Website. After completing the entire order, the Customer goes to the "BASKET" and pre-orders by submitting to the Vendor an order form, which is done by selecting the "GO TO ORDER" button on the Online Shop Website.
- For every order the Customer must provide the following information: quantity of Goods of a particular model, colour and size, Delivery address, shipping method, payer's address and payment method. The Customer may add a comment to the order or enter the number of their discount coupon by selecting the command "USE VOUCHER". After keying in all the information, the Customer, in order to place the final order, must select the command "CONFIRM ORDER".
- Placing an order is equivalent to the Customer making the Vendor an offer of entering into a Contract for the Sale of Goods being the subject of the order.
- After placing the order, the Vendor shall send an order confirmation to the e-mail address provided by the Customer.
- With the stipulation of section 7 below, the Vendor immediately sends (not later than within 14 Working Days), an order confirmation to the e-mail address provided by the Customer. The confirmation of processing the order is the Vendor's declaration of acceptance of the offer, referred to in section 4 above, and from the moment that the Customer receives it, the Contract for Sale is concluded. In confirmation of the processing of the order, the Vendor defines: ordered Goods, their quantity and price, Lead Time, Delivery Time, and the timescale and method of payment of the price by the Customer.
- The Vendor reserves the right to refuse to confirm the order without providing the reason, promptly notifying the Customer about refusal to process the payment immediately.
Chapter VI. Payments
- 1. The payment for the ordered Goods, also including possible Delivery costs, may be made by the Customer in the following ways:
- Payment to the Vendor's bank account (prior to the shipment of Goods):
- in Euro – to the bank account number provided by the Vendor in the e-mail confirming the processing of the order (the parcel is shipped to the Buyer after the Vendor's account is credited);
- in Polish złoty – to the bank account number provided by the Vendor in the e-mail confirming the processing of the order (the parcel is shipped to the Buyer after the Vendor's account is credited).
- Electronic payment in the Paysera system (prior to shipment).
- Electronic payment in the GPay for Business system (prior to shipment).
- The Buyer is obliged to pay the final price being the sum of the purchase of Goods, increased by Delivery costs and possible carrying charges arising from the selected electronic payment method and possible public levies (tariffs, taxes, excise, etc.).
- The moment of crediting the Vendor's bank account shall be deemed the moment of payment.
- The Vendor may agree with the Buyer on other specific terms and methods of payment. Any further stipulations changing the basic terms and methods of payment shall be made in writing or otherwise shall be null and void. Messages sent via e-mail shall be deemed equivalent to documents in writing.
- It is not possible to establish liens and other charges on pledged Goods prior to issuing the Goods to the Customer.
- The Vendor reserves the right to own the subject of the sale until the moment of settling the amount due by the Customer.
- In the event of the failure of the Customer to make the payment within the terms set out in the order confirmation, the Vendor shall set an additional payment date and shall notify the Customer about it via e-mail. The information about the additional payment date must also contain information that upon ineffective expiration of the indicated term, the Vendor will withdraw from the Contract for Sale. In the event of expiration of the second term for making the payment, the Vendor may withdraw from the contract on the basis of art. 491 of the Civil Code.
- In the event of Customer's justified and lawful withdrawal from the Contract for Sale, the Vendor shall return to the Customer the amount paid in within 30 days of the moment of receiving the notice of cancellation of the contract, provided that the Goods sent to the Customer which were the subject of the contract have been returned at the Customer's expense.
Chapter VII. Delivery
- Delivery of the Goods ordered by the Customer is carried out in accordance with the terms of the EX WORKS rule (Incoterms® 2010), whereby, when placing an order, the Customer may choose one of two Delivery methods:
- by a courier selected by the Vendor,
- personal collection,
unless when placing the order the Parties decide on another Delivery method in writing, otherwise it shall be deemed null and void.
- The Vendor may post on the Online Shop Website information of an indicative nature about the number of Working Days necessary to process the order (Lead Time). The indicative Delivery Time may refer to all Goods from the Online Shop Website for only some of the courier services.
- The condition of processing and shipping the order on time is of settling the whole price for the Goods on time, in pursuance of Chapter VI section 1.
- The ordered Goods are delivered to the Customer via a courier chosen by the Vendor to the address provided in the order form.
- The Customer should check the delivered parcel within the customary time and in the customary manner in the presence of the courier. In the event of a shortage or of damage to the parcel, the Customer must request that the courier draw up the appropriate report.
- The Vendor attaches a VAT invoice for the delivered Goods to the parcel being the subject of the order.
Chapter VIII. Procedures for making a complaint
- The Parties hereby exclude warranties with respect to physical defects of the Goods.
- The Customer shall check the parcel containing the Goods and, in order to do this, open it in the presence of the courier who delivered it. In the event of visible damage to the parcel or the Goods (e.g. torn cardboard, broken tape, dented carton, open parcel, water-damaged cardboard, etc.) or if the Delivery is incomplete, the Customer must produce a claim report, made available by the courier, describing the damage or shortages, and sign it together with the courier.
- Claims arising from the failure to carry out the Contract properly terminate if the parcel with the Goods has been accepted by the Customer without reservations. It shall not apply to claims arising from shortages or damages to the Goods invisible at the moment of handing over the parcel. In such a case, the Customer shall make a written complaint in accordance with sections 5 and 6 below, within 3 (three) days maximum of the moment of receiving the parcel or the Goods, unless the Customer can prove that the damage occurred prior to Delivery of the Goods to the Customer.
- The complaint shall be investigated within 30 days of the moment of filing it.
- In order to facilitate the process of making complaints, the Customer is obliged to make a complaint on the complaint form constituting Appendix 2 hereto, available on the Online Shop Website. The Customer is obliged to provide all the information required on the complaint form, in particular the details of their company, the invoice number and the order number. The Vendor may also request that the Customer send relevant documents, justifying the amount of compensation due (an original copy or a certified copy of the VAT invoice for the purchase, other documents confirming the amount due, a claim report). The scan of the completed and signed claim form, along with other additional documents, must be sent by the Customer via e-mail to the following address of the Vendor: email@example.com.
- The Vendor may request that the Customer send further documents or information necessary to investigate the complaint, as well as request that the Customer make available the parcel contents, Goods in unused condition, the original shipping carton and packaging for inspection. Any contents, original cardboard shipping cartons and packaging must be made available to the Vendor and stored until the complaint investigation is complete. Any costs arising from sending the Vendor necessary documents, Goods, cardboard cartons and packaging for the purpose of investigation are incurred by the Customer.
- If the complaint has been made by an unauthorised party or the complaint does not meet the requirements set out in sections 5 and 6, the Vendor shall request that the Customer supplement it. The timescale referred to in section 4, is cancelled until the moment that the Customer supplements the complaint.
Chapter IX. Services provided electronically and the Customer's obligations
- The Vendor shall electronically provide the Customer with free services:
- Contact Form;
- Customer Account Maintenance;
- The services referred to in section 1 above are provided 7 days a week, 24 hours a day.
- The Vendor reserves the right to choose and change the type, form, time and manner in which access to the abovementioned services is granted, about which they will notify the Customer in an appropriate manner as for a change of the Terms.
- The Contact Form service sends a message to the Vendor via a form placed on the Online Shop Website. Cancellation of the free Contact Form service is possible at any time, and in order to do it the Customer should stop sending enquiries to the Vendor.
- The Newsletter service may be used by each Customer, as well as by any entity not being a Customer who has provided their e-mail address on the registration form placed by the Vendor on the Online Shop Website. By signing up for the subscription, the entity not being a Customer accepts the provisions of the Terms regarding this service. After sending the registration form the Customer immediately receives an e-mail confirmation, sent by the Vendor to the address provided on the registration form. From this moment, a contract is concluded for providing the Newsletter service electronically.
- The Newsletter service sends an electronic message from the Vendor to the provided e-mail address with information about new Goods or services in the Vendor's offer, ongoing special offers on Goods, or holiday wishes. The Newsletter is sent by the Vendoror an entity authorised by the Vendor to all Customers who have signed up for the subscription.
- Each Newsletter intended for Customers contains especially: information about the sender, a completed "Subject" field determining the content of the message, and information about the possibility of cancelling the free Newsletter service.
- The Customer may cancel the subscription for receiving the Newsletter via the link placed in every e-mail message sent as part of the Newsletter service, or by deactivating the appropriate field on the Customer Account.
- The Customer Account Maintenance service is available after completing Registration, on the Terms set forth herein, and its main purpose is to make available to the Customer a dedicated panel, as part of the Online Shop Website, enabling the Customer to modify the data provided during the Registration, as well as to track the progress of orders and display the history of orders that have already been fulfilled. The Customer Account is maintained in accordance with the provisions set out in Chapter III hereof.
- The Customer shall use the Online Shop and the Customer Account in a manner:
- that does not infringe any rights of third parties, including copyright and related rights, industrial property rights, business secrecy or the obligation to maintain confidentiality;
- that is not of an offensive nature or addressed as a threat against others, or containing foul language being contrary to established custom (e.g. swear words or words commonly considered vulgar);
- that is not in conflict with the Vendor's interests;
- that does not infringe good practice, current legal regulations, social or moral norms and, in any other way, the provisions hereof.
- The Customer shall protect the image of the Vendor's company and shall not undertake any actions that may place the Vendor at risk of losing its reputation and established market position by selling Goods purchased from the Shop on retail sale.
- The Customer shall immediately report any changes to the details provided when creating the Customer Account, in particular the name, address and e-mail address.
Chapter XI. Personal Data Protection
- The administrator of Customers' personal data voluntarily provided to the Vendor during the Registration process, placing a single order, and as part of the provision of electronic services by the Vendor or part of other circumstances set out herein, is the Vendor.
- The Vendor processes Customers' personal data for the purpose of processing orders, providing electronic services, and for other purposes set out herein. The data is processed only on the basis of legal regulations or the Customer's consent.
- Personal data provided to the Vendor is provided voluntarily with the stipulation that the failure to provide the data set out herein during the Registration process prevents completion of Registration and creation of a Customer Account and prevents placing and processing the Customer's orders.
- The Customer that provides the Vendor with their personal data has the right to access it and to amend it.
- The Vendor may delete personal data from the set, especially in the event of deleting the Customer Account.
- The Vendor shall protect the personal data entrusted with them and make every effort to safeguard it against unauthorised access or use as defined by law.
- The Vendor provides the Customer's personal data to the courier company to the extent necessary to carry out the Delivery of the Goods, as well as to the company sending the Newsletter, to which the Customer gives consent.
Chapter XII. Final Provisions
- The Vendor is liable for the failure to perform or improper performance of the Contract for Sale only in the case of causing intentional damage to and to the extent of actual losses suffered by the Customer.
- The content hereof may be recorded by printing off, saving on a data carrier, or downloading at any time from the Online Shop Website.
- In the event of any conflict arising from the concluded Contract for Sale or services provided on the basis hereof, the Parties shall aim at settling it amicably.
- The law applicable to each Contract for Sale entered into via the Online Shop Website and the contracts for providing services on the basis hereof is the law of the Republic of Poland, and to all matters not settled herein, provisions of the Civil Code and other prevailing legal acts shall apply.
- For any conflicts that may arise from a Contract for Sale entered into through the Online Shop Website, contracts for providing services on the basis hereof, and other provisions of the Terms, the Parties shall submit to the exclusive jurisdiction of the Polish common courts competent for the Vendor's registered office.
- The Vendor reserves the right to amend these Terms and Conditions. Each order taken by the Vendor prior to the date when new Terms and Conditions come into force shall be processed in accordance with the Terms and Conditions being in force at the moment of the Customer placing the order. Amendments to the Terms and Conditions shall become effective within 7 days of the moment of publishing the new content of the Terms and Conditions on the Online Shop Website. The Vendor shall inform all Customers within a minimum of 7 days prior to the new Terms and Conditions becoming effective about the change of the Terms and Conditions by placing visible information on the main page of the Online Shop Website. If the Customer does not accept the new content of the Terms and Conditions, they shall notify the Vendor about it, which will result in deletion of the Customer Account following a 14-day notice period. If the Customer does not accept the new content of the Terms and Conditions in the manner required by the Online Shop Website, their Customer Account becomes blocked by the Vendor until the Customer approves of the content of the new Terms and Conditions.
- The integral part of these Terms are Appendices in the form of:
- Appendix No. 1 – Complaint Form.