TERMS AND CONDITIONS FOR THE USE OF ORIENT FASHION ONLINE STORE SERVICES
The owner and also the administrator of the online store, available under the domain www.orientfashion.pl, is the ORIENT FASHION Manish Rajpal company, based in Pabianice, at ul. Rzgowska 72, postal code 95-200, NIP number: 7251807726, REGON: 100634492, telephone number +48 42 211 66 85, e-mail address: firstname.lastname@example.org;
These Regulations define the rules of keeping and using by users of the online store resources under the www.orientfashion.pl website, the mode of concluding distance selling contracts with shop customers who are both consumers and entrepreneurs using e-store services, in accordance with the provisions of the Act on provision of electronic services, the act on protection of consumer rights, acts of the Civil Code, the Act on personal data protection, as well as in accordance with the guidelines derived from European Union legislation, referring to issues in the regulations established.
1. ORIENT FASHION is an online store that sells textiles, both wholesale and retail. Each of these categories will have sub-categories detailed in the store's website. This catalog is an example and is not closed. Any extension of the store's assortment will be announced to customers on the store's website.
2. The online store provides all users of its online store with conducting business activities in accordance with the applicable generally applicable rules, rules of social coexistence, in accordance with the provisions protecting consumer rights, as well as in accordance with the standards for electronic services, established by relevant law.
3. The ordering party in the shop www.orientfashion.pl called "CLIENT" should read the content of these Regulations during the registration at www.orientfashion.pl or place orders. The CLIENT will be asked to accept the provisions of these Regulations through the shared functionality of the so-called check - box.
4. The terms contained in these regulations mean:
Shop - online store available at www.orientfashion.pl
Seller - ORIENT FASHION Manish Rajpal company, ul. Rzgowska 72, 95-200, Pabianice, NIP: 7251807726, REGON: 100634492
Client - a natural person, a legal person or an organizational unit without legal personality, whose provisions grant legal capacity, concludes a sales agreement with the Seller and uses the services offered by the Shop
Consumer - a natural person concluding a sales contract with the Seller, not directly related to its business or professional activity (as defined in the Civil Code)
Entrepreneur - a natural person running a business activity on his own behalf, a legal person and an organizational unit without legal personality, the provisions of which give legal capacity, conducting business activity
Contract concluded at a distance - an agreement concluded with the Client as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with exclusive use of one or more means of distance communication up to the conclusion of the contract
Order - Customer's declaration of intent submitted via the Order Form and aiming directly at concluding the Product Sales Agreement or Products with the Seller
Account - an element of the e-sale system of the Store, created by the Customer, where personal data of the Customer is collected, as well as information on orders (history, preferences) of the Customer, aimed at improving service standards by the Seller
Shopping Cart - an element of the Shop e-sale system, where the Order is placed, where the Products for purchase selected by the Customer are also visible, and it is also possible to set and modify the Order data, in particular the quantity of products, invoice data and delivery address, which is the basic an element of the ordering process in the store
Product - a movable item available in the Store, offered by the Seller, which is the subject of the Sales Agreement
Sales Agreement concluded at a distance - an agreement concluded between the Seller and the Customer (Consumer) as part of an organized procedure for the conclusion of distance contracts, i.e. without the need to directly participate both parties in one place and time, using one or more means necessary to communicate distance
6. Forms of consent (check boxes) regarding customer personal data are available in a prominent place in the Store, at the purchase process, each time they are accepted by the Customer. Consents to the processing of Customers' personal data, indispensable to conclude a distance sale agreement, are marked with a red star on the Store's websites. Customers may at any time update, modify and withdraw their consent to the processing of their personal data, made available to the Seller. On the other hand, the Seller reserves the right to discontinue the Customer's orders, which has withdrawn its consent to the collection and processing of his personal data, due to the inability to implement the Sales Agreement in the absence of such consent. The Customer who has an Account in the Seller's Store, resigns and removes this Account, has the right to demand from the Seller the permanent removal of their personal data from the Seller's databases as part of the Store.
7. The customer is responsible for the completeness and veracity of the data left for him to perform the Sales Agreement.
8. The Seller undertakes to inform the Customer in an appropriate policy, as well as a separate message (with the entry into force of the GDPR) of the intention to collect information provided by the Customer in the registration or ordering process, for which the Customer has given his consent for grouping and determining its sales preferences (profiling). The customer has the right to obtain information about the scope and purpose of processing his personal data at any time and in case.
9. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products included in the store's assortment is also possible in the "order without registration" option as well as traditionally by logging in / registering in the Seller's online store.
10. Technical requirements for the proper functioning of the Store on the customers' side are as follows: to use the Store, including viewing the Store's assortment and placing orders for Products, you need: a terminal device with access to the Internet and a web browser (a), active e-mail account and enabled cookies (c), in practice the above values are as follows:
d) a minimum screen resolution of 1024x768 pixels
11. The CUSTOMER is obliged to respect copyrights to the materials on the website of the online store, in accordance with the provisions of the Act of 4 February 1994 on copyright and related rights. It is unacceptable for the CLIENT to post content on the website that is against the law, infringing personal rights of third parties, sellers and customers of the online store, also calling for racial, religious or ethnic hatred or propagating violence, generally recognized as morally reprehensible, socially inappropriate and violating rules of netiquette.
12. CUSTOMER in a separate statement, available directly on the main page of the Online Store, in the order process or in the email confirming the order in the online store www.orientfashion.pl may consent to the processing of these data for other purposes than those strictly related to the implementation of the order , including marketing, or sending news from the SELLER. Such consent is optional and may be withdrawn at any time in front of the Customer. In such a case, the Seller undertakes to immediately - not later than to send the next issue of the Newsletter or marketing content - delete the Customer's e-mail address provided for this purpose from the database of e-mail addresses servicing such functionalities of the Store.
PURCHASE PROCESS AND SUBMISSION, PAYMENT, DELIVERY
1. The ORIENT FASHION online store sells via the Internet through the www.orientfashion.pl website, through which you can place orders using the functionalities provided there.
The object of the order is also referred to as the PRODUCT.
The PRODUCTS catalog is available at www.orientfashion.pl and covers fabrics and textiles sold in bulk and in retail; the ordering process starts adding the product to the cart. The CLIENT places the order selecting the PRODUCTS and placing them in the BASKET. The CLIENT receives a confirmation of placing the order together with the order number via email (e-mail) to the e-mail address provided by the Customer when placing the order. Confirmation of placing an order, in accordance with the relevant regulations, in relation to the Customer who is a consumer in accordance with the relevant provisions includes:
specification of the product / products + description of its most important features,
amount of products,
unit price for each selected product,
selected delivery method + shipping cost (according to the choice of the consumer),
expected delivery date,
the total amount to be paid by the consumer (item price + tax + shipping cost),
payment method + payment date,
full details of the Seller's company (name, registered address, NIP, REGON) + contact method (telephone number / e-mail address),
address for lodging a complaint or a statement of withdrawal from the contract, if different from the address referred to above,
The Seller adds in the attachment in the form of a pdf (or other document enabling recording) a withdrawal from the contract and a model of such withdrawal and information about the possibility of using the electronic method of resolving disputes with the Seller via the EU platform at the following address:
2. The prices of the Goods offered by the Seller do not include any delivery costs which the Customer will determine in the ordering process.
The seller is waiting for the funds to be credited to his account or confirmation of the payment authorization from the partner who makes the payments.
The delivery is carried out by the Seller using courier companies, DPD, DHL, EUROHERMES, In Post, Poczta Polska and GLS. Each time the order is completed, the type and cost of transport is agreed with the customer by selecting the delivery option in the order form.
The costs of the delivery itself depend on the size of the ordered goods and the country of the destination shipment. Orders are carried out on the territory of the Republic of Poland, as well as abroad. The seller provides for the option of personal collection. Shipping costs range from PLN 7 net.
3. Total value Orders are given at the stage of order confirmation on the client's side, after selecting the product, at each stage of ordering its value is automatically updated in the basket and available there for verification by the customer, until the order is confirmed;
- The store reserves the right to change prices, promotions and descriptions products in the Shop's offer, after informing customers about the new rules for purchasing the offered Goods (about the start / change / end of the promotion);
- in the scope of sales of promotional products, their number is limited, and the sale on a promotional basis possible to exhaust a given promotional offer, the Store undertakes to inform customers about the termination of the promotional offer, if the above circumstances will apply (exhaustion of stocks);
- sales on promotional terms are carried out periodically, on selected Products in the Store, the availability of which determines the duration of the promotion;
4. By adding the selected Product to the Basket, the Customer starts the process of placing orders. By clicking 'go to order processing', the Customer starts the process of implementing the Sales Agreement, which consists of:
providing data for possible delivery and invoice,
consent to the processing of personal data provided in the process of contract execution for purposes closely related to it,
possible consent to the processing of data for purposes other than the implementation of the sales contract, e.g. marketing,
making a payment or marking its form and possible option
and confirmation of the order placed with the "order with obligation to pay" button.
The customer can order the goods in the order option without registering, or registering the same account in the Seller's online store, which facilitates the execution of future orders, improves communication between the parties of the contract, as well as has a beneficial effect on the use of the Seller's services, as the customer has access to his orders , data and all information regarding sales contracts implemented for it. More on this subject in the CUSTOMER ACCOUNT.
5. CUSTOMER receives a confirmation of sending the order from the SELLER to the email address chosen by the CLINET. The seller provides sales support to potential customers through the contact form or telephone contact with qualified staff of the Seller's employees.
6. The correct completion of the order form and pressing the button "Order with an obligation to pay" is synonymous with placing an order and has the legal effects of concluding a Sales Agreement in accordance with the applicable provisions regarding the conclusion of distance or off-premises sales contracts.
7. Payment options currently available at the Seller are:
Prepayment to the account (bank transfer);
Cash on delivery;
On-line payment realized via:
PayPal Polska sp. z oo with its registered office in Warsaw, 00-113, ul. Emilii Plater 53, NIP number: 5252406419, KRS: 0000289372, REGON: 141108225,
service of TPay SA with its registered office in Poznań, 61-808, ul. St. Marcin 73/6, with NIP numbers: 7773061579, REGON: 300878437, KRS: 0000412357,
DialCom24 Sp. z oo with its registered office in Poznań, 60-327 Poznań, ul. Kanclerska 15, NIP 781-173-38-52, REGON: 634509164, KRS: 0000306513
PayPro SA service, based in Poznań, 60-327, ul. Chancellery 15. NIP: 779-236-98-87, REGON: 301345068, KRS: 0000347935
8. Orders via the Store can be placed 24 hours a day, 7 days a week.
In the event of prepayment to the Seller's account, he pauses the execution of the order until he receives the payment on the bank account or receipt of information about booking funds on the online payment operator's account. In the absence of payment or lack of information from the internet payment operator, the order will be canceled. Orders are prepared for execution immediately, in the order of their impact.
The seller informs the customer each time about the date of shipment and possible extensions of this period. Delivery time is 1 business day, except for items that require importing from the manufacturer, which is always stated in the product description. The delivery time should be added to this period, depending on the form chosen, respectively: courier shipment 1 business day, Polish Post Office 1-2 business days, Paczkomaty In Post 1-2 business days.
At the customer's request, international shipping is possible, according to individual arrangements with the Seller.
The Seller will inform about the preparation of the Customer's order for shipment in a separate message. The seller is waiting for the payment of funds for the 14 days to be booked, after that date the order will be canceled.
9. The SELLER may agree to provide the CUSTOMER with an invoice as proof of the contract by e-mail to the address provided by the CLIENT, which frees the SELLER from the invoice to the CUSTOMER together with the PRODUCT. The invoice is issued at the express request of a business client or consumer.
10. Until clicking the "order with obligation to pay" button on the website www.orientfashion.pl, the CLIENT is entitled to modify the order independently to the extent that the functionality of the website is acceptable. These options may also be modified to suit your preferences until you click the "order with obligation to pay" button. Modification of the order in the later stages of the contract is possible by direct contact with the Seller, taking into account the status of the order and the stage of its implementation.
11. PRODUCT prices are given in Polish zlotys and are gross prices. The prices listed on the PRODUCTS offered do not contain information on shipping costs, because the information on the total value of the order is presented in a CLEAR and ONE SINGLE form after selecting the form of delivery and payment by the CLIENT. Before confirming the order, the CLIENT can check the cost of delivery.
12. At the latest when the Customer receives an email confirming the order, the Customer is informed about the manner and purpose of processing his personal data in connection with the execution of the sales contract between the Seller and the Customer.
At the latest at the finalization of the order process, the Customer is asked to mark the form of consent for the processing of personal data necessary for the performance of services offered by the Seller.
The data is processed in this way by the ORIENT FASHION online store in order to fulfill the Order and possible post-sale service. The received personal data will not be used for any other purposes, in particular for purposes incompatible with applicable law.
Bulletins and promotional offers will be optionally sent only with the express consent of the customer expressed by ticking the appropriate options in the registration form. The customer has the right to inspect, correct and request to cease the use of his personal data in accordance with the Law "On the Protection of Personal Data" of 29 August 1997.
The Seller undertakes to inform Customers on the Store's website about all forms and purposes of collecting and processing Customers' personal data, about GIODO's personal data collection, using techniques leading to customer profiling in terms of their purchase preferences and the time of such processing. All commercial information sent to the Shop's Customers will always be based on express consent expressed in the order process and, at their request, expressed in a declaration of will, cease sending commercial and promotional materials to them, e.g. in the form of a newsletter or notification system.
1. The shop offers its clients the option of creating an Account that significantly simplifies and streamlines the Order process and the use of Store resources.
2. To set up an Account, proceed as follows: complete the Registration Form. It is necessary to provide the following data: username and password. By registering an account in the ordering process, the Customer enters his / her shipping data that is stored in the account. By registering without making a purchase, the customer enters this data in his own tabs. Mandatory for registration, the Customer enters his name and delivery address (or company name, delivery address and NIP for entrepreneurs).
3. Creating an Account in the Store is free.
4. Logging in to the Account is done by entering the login and password set in the registration form - when setting it up. After logging into your Account, the Customer can edit the data entered by him and view the order history.
4.1. In particular, the account has the following tabs:
My orders, My product returns, My bills, My addresses, My personal information, My vouchers.
5. The Customer may, at any time, without giving any reason and without incurring any fees, remove the Account by sending the Seller to the contact e-mail address or traditional mail a statement on the willingness to resign from his account. After removing the account from the Seller's Store resources, the Customer has the right to demand permanent deletion of personal data stored in the Store's infrastructure along with deleting the account (in particular on the day of entry into force of the GDPR) by submitting such a request at or after resignation from having an Account in the Store.
RIGHT TO WITHDRAW FROM THE AGREEMENT
Customers who are Consumers have the statutory right to withdraw from a Sales Agreement concluded at a distance:
1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The running of the deadline specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.
3. In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, lot or part.
4. The Consumer may withdraw from the Agreement by submitting to the Seller a statement on withdrawal from the Agreement. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of that period.
5. The statement may be sent by traditional mail, fax or e-mail by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in these Regulations. The statement can also be submitted on the form, the model of which is attached as Appendix 1 to these Regulations and the attachment to the Act of 30 May 2014 on consumer rights, but it is not mandatory. The address applicable to the return of goods under the procedure of withdrawal from the contract is the address of the registered office of the Seller.
6. In the case of sending a statement by the Consumer electronically, the Seller shall immediately send the Consumer the confirmation of receipt of the statement on withdrawal from the Agreement provided by the Consumer.
7. Effects of withdrawing from the Agreement:
In the event of withdrawal from the Contract concluded remotely, the Agreement shall be considered void.
In the event of withdrawal from the Agreement, the Seller shall promptly, not later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, all payments made by him, including the cost of delivering the item, except for additional costs resulting from the method of delivery chosen by the Consumer. other than the cheapest usual delivery method offered by the Seller. In the case of the return of large-size goods in the exercise of the right to withdraw from the contract, the Seller informs the Customer about any total costs of returning such goods under the pain of transferring these costs to the Seller.
The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution, which will not entail any costs for him.
If the payment has been made using a payment card, refund for the transaction made by the customer with a payment card, the seller will be refunded to the bank account assigned to the Customer's payment card.
The Seller may withhold the return of the payment until receiving the Product back or until it has been provided with proof of its return, depending on which event occurs first.
The consumer should return the Product to the address of the Seller specified in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement.
The deadline will be respected if the Consumer returns the Product before the expiry of the 14-day period. The Consumer bears direct costs of returning the Product, including the costs of returning the Product, if due to its nature, the Product could not be returned in the normal mode by means of the postal or courier operator chosen by the Customer. The consumer is only liable for a decrease in the value of the Product resulting from the use of it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
8. According to these Regulations, the Consumer has the same restrictions on the right to withdraw from the contract, which result from the act on protection of consumer rights, i.e. direct application is provided in art. 38 of the Act of 24 June 2014 on consumer rights, which states that: "The right to withdraw from a contract concluded away from business premises or at a distance is not available to the consumer in respect of contracts:
1) 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 service begins that after the entrepreneur has fulfilled the benefit he will lose the right to withdraw from the contract;
2) 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 for withdrawal from the contract;
3) 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;
4) in which the object of the service is an item subject to rapid deterioration or having a short shelf-life;
5) in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
6) in which the subject of the benefit are things that after delivery, due to their nature, are inseparably connected with other things;
7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
8) in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those whose performance the consumer demanded, or supplies things other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is entitled to the consumer with regard to additional services or items;
9) in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;
10) for delivering newspapers, periodicals or magazines, with the exception of a subscription agreement;
11) concluded through a public auction;
12) for the provision of accommodation services, other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
13) for delivery of digital content that is not recorded on a tangible medium, if the fulfillment of the service started with the consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.
9. Considering the above, the Consumer should bear in mind that the ordered product, its quantity, quality or type of cut, other than the original packaging, quantity or other individual feature of the purchased item, does not qualify for this type of product (ordered by individual, personal specifications) as being subject to the withdrawal procedure.
1. The Store provides its Clients with the opportunity to submit any comments and claims regarding the quality of the Contract by applying the complaint procedure.
2. A customer dissatisfied with the quality of the Contract by the Store may submit a written complaint sent via traditional mail or electronic mail. The complaint should include the order number and date of its completion, name, surname - company name and a brief description of the claim.
3. The Store undertakes to consider complaints promptly, however not later than within 14 days of receipt.
4. The store is responsible on a warranty basis for physical or legal defects of the sold item. In the event that the complaining party is a Consumer, the failure to respond to the complaint in the above-mentioned period will mean that the Consumer's claim will be honored.
5. If the complaint proves to be correct, and the blame for the inconvenience and the emergence of the actual claim of the customer will be incurred by the Store (and not, for example, Producer of Goods offered in the Store or other entities, such as courier, postal operator, etc.), he will accept the complaint and will offer appropriate compensation to the Client, from the option of re-delivery of the Goods free from defects, exchange of the Goods, exchange for another type of Goods after agreement with the Customer.
6. In the event of a defect purchased from the Seller of the goods, the Customer has the right to make a complaint based on the provisions concerning the warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
7. If the complaint turns out to be unfounded, the Customer may request an amicable solution to the dispute that has arisen. Complaints may be directed using the contact form, either at the address of the Store or to the following address: email@example.com
8. Notwithstanding the foregoing, the Seller does not exclude liability on the principle of warranty understood in accordance with the wording of the Civil Code, for non-compliance of the goods with the contract, according to the provisions of that code established (Article 556 CC and subsequent).
POLISH SPORTS RESOLUTION
The seller undertakes to strive for an amicable way to resolve any disputes that may arise as part of the services he provides, especially when the consumer is a contracting party.
Mediation and negotiation procedures as part of amicable settlement of disputes may arise if such a method is accepted by both parties to the contract.
The consumer has the right to use the help of a municipal (poviat) consumer ombudsman or social organization whose statutory purpose is to protect consumer rights and / or amicable dispute resolution.
The consumer may also use the assistance of the voivodeship inspectorate of the Trade Inspection or apply to a permanent amicable consumer court in accordance with the relevant provisions.
CLIENT - The consumer is also entitled to use the online platform, which is an interactive dispute resolution model, the so-called ODR platform (Online Dispute Resolution). The platform and detailed information on the terms and conditions of dispute resolution using this mode are available at: http://ec.europa.eu/consumers/odr/.
Detailed information, contact details and a list of permanent consumer arbitration courts can be found on the website of the Office of Competition and Consumer Protection [link: https://uokik.gov.pl/spory_konsumenckie.php].
After exhaustion, and in the absence of success in the way of amicable settlement of disputes, Customers retain the right to lodge their claim before a competent court of law, established on the basis of relevant provisions of the Civil Code on alternating characteristics or provisions of the Consumer Protection Act.
1. In matters not covered by these Regulations, generally applicable provisions of law shall apply, in particular the Civil Code, the Consumer Rights Act or the Act on the provision of electronic services, the above description does not constitute a closed catalog.
The Seller reserves the right to change the provisions and contents of these Regulations, after informing the Clients about each such change 14 days before the entry into force of the new entries. The customer has the right not to accept changes to the Regulations.
The language of the Regulations and the Agreement concluded on its basis is Polish.
Regulations come into force on 11/04. 2018
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.