Terms of service
OF THE WASTEDCOUTURE.NET ONLINE STORE
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- CONDITIONS OF CONCLUDING A SALES AGREEMENT
- METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND DATE OF PRODUCT DELIVERY
- COMPLAINT HANDLING PROCEDURE
- OUT-OF-COURT COMPLAINT RESOLUTION AND CLAIMS PURSUIT PROCEDURES, AND ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- PROVISIONS APPLICABLE TO ENTREPRENEURS
- ILLEGAL CONTENT AND OTHER CONTENT THAT VIOLATES THE TERMS AND CONDITIONS.
- FINAL PROVISIONS
- WITHDRAWAL FORM SAMPLE
The online store www.wastedcouture.net respects consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. Provisions of agreements less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and, in their place, the provisions of the Consumer Rights Act are applied. Therefore, the provisions of these Terms of Service do not aim to exclude or limit any consumer rights provided to them by binding law, and any doubts should be resolved in favor of the consumer. In the event of non-compliance with the regulations of use, priority shall apply to the latter.
1. GENERAL PROVISIONS
1.1. The Online Store available at the Internet address www.wastedcouture.net is run by WIOLETA WARYCH, running a business under the name WASTED COUTURE WIOLETA WARYCH, entered into the Central Register and Information on Economic Activity (CEIDG) of the Republic of Poland, kept by the minister responsible for economy, with the following details: place of business address: street Konstantego Maciejewicza 13/43, 71-004 Szczecin and delivery address: ul. Jacek Malczewskiego 2/2, 71-616 Szczecin, NIP 8522507624, REGON 364611782, e-mail address: contact@wastedcouture.net, telephone number: +48 786-659-276.
1.2. These Terms of Service are applicable to both consumers and entrepreneurs using the online store, unless a specific provision of the Terms of Service states otherwise.
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms of Service is the Seller. Personal data is exclusively processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains the rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the online store, including making purchases, is voluntary. Similarly, providing personal data by the Service Recipient or Customer using the online store is voluntary, subject to exceptions indicated in the privacy policy (conclusion of an agreement and Seller's legal obligations).
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available on the Online Store's website that enables the creation of an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and, in cases provided for by the universally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality which is granted legal capacity by law - which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Act of April 23, 1964, the Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).
1.4.6. ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's IT system, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store
1.4.8. PRODUCT – (1) a movable item (including a movable item with digital elements, i.e. containing digital content or a digital service or connected to them in such a way that the lack of digital content or digital service would prevent its proper functioning) which is the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. TERMS OF SERVICE – these regulations of the Online Store.
1.4.10. ONLINE STORE – the Service Provider's online store available at the Internet address: www.wastedcouture.net.
1.4.11. SELLER; SERVICE PROVIDER – WIOLETA WARYCH running a business under the name WASTED COUTURE WIOLETA WARYCH, registered in the Central Register and Information on Economic Activity (CEIDG) of the Republic of Poland, maintained by the minister competent for economic affairs, with the following business address: ul. Konstantego Maciejewicza 13/43, 71-004 Szczecin, and correspondence address: ul. Jacka Malczewskiego 2/2, 71-616 Szczecin, tax identification number (NIP): 8522507624, National Business Registry Number (REGON): 364611782, email address: contact@wastedcouture.net, phone number: +48 786-659-276.
1.4.12. SALES AGREEMENT – a Product sales agreement (in the case of movable items and movable items with digital elements) concluded between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store and not being a Product.
1.4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and, in cases provided for by the universally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law - using or intending to use the Electronic Service.
1.4.15. CONSUMER RIGHTS ACT – the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended).
1.4.16. ORDER – the Customer's declaration of intent submitted using the Order Form, aimed directly at concluding a Product Sales Agreement with the Seller.
1.4.17. DIGITAL SERVICES ACT, DSA – Regulation of the European Parliament and of the Council (EU) 2022/2065 of 19 October 2022 on a single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1–102).
1.4.18. ILLEGAL CONTENT – information which, in itself or through reference to an action, including the sale of Products or provision of Electronic Services, is not compliant with the law of the European Union or the law of any member state that is consistent with the law of the European Union, regardless of the specific subject or nature of that law.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Order Form, Account, and Newsletter.
2.1.1. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. An order is placed after the Customer completes a total of two subsequent steps - (1) completes the Order Form and (2) clicks on the "ORDER WITH PAYMENT OBLIGATION" field on the Online Store website after completing the Order Form - until this point, it is possible to modify the entered data yourself (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data regarding the Customer: name, surname, e-mail address, address (street name, house number, postal code, city, country) and data regarding the Sales Agreement: Product/s, quantity of Product/s, place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also possible to provide the company name and NIP number.
2.1.1.1. The Order Form Electronic Service is provided free of charge and is of a one-time nature and ends when an Order is placed through it or when the Service Recipient discontinues placing the Order through it.
2.1.2. Account – using the Account is possible after the Service Recipient completes two consecutive steps – (1) filling out the Registration Form and (2) clicking the "SAVE" button. In the Registration Form, the Service Recipient must provide the following data: first name, last name, email address and password. An Account can also be created by entering a password in the appropriate field when placing an Order in the Order Form – when the Order is placed, an Account is created for the Service Recipient.
2.1.2.1. The Account Electronic Service is provided free of charge for an indefinite period of time. The Service Recipient may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: contact@wastedcouture.net or in writing to the following address: ul. Jacek Malczewskiego 2/2, 71-616 Szczecin.
2.1.3. Newsletter – using the Newsletter is possible by - (1) checking the appropriate checkbox when creating an Account - when the Account is created, the Service Recipient is subscribed to the Newsletter, (2) checking the appropriate checkbox in the Account settings - when clicking the "SAVE" the Service Recipient is subscribed to the Newsletter, (3) checking the appropriate checkbox when placing the Order via the Order Form - upon placing the Order, the Service Recipient is subscribed to the Newsletter, (4) providing the e-mail address appearing on the Service Recipient's screen in the "POP-UP" window and clicking the field "Subscribe now" When clicking the "Subscribe now" box, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Electronic Service, Newsletter, is provided free of charge for an indefinite period. The Service Recipient has the option to unsubscribe from the Newsletter (resign from the Newsletter) at any time and without giving a reason by (1) sending a relevant request to the Service Provider, in particular via email to the address: contact@wastedcouture.net or in writing to the address: ul. Jacka Malczewskiego 2/2, 71-616 Szczecin; (2) checking the appropriate checkbox in the Account settings – by clicking the "SAVE" button, the Service Recipient is unsubscribed from the Newsletter.
2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to an email account; (3) an Internet browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) the recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account the respect for personal rights and the copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to provide data consistent with the actual situation. The Service Recipient is prohibited from providing illegal content.
2.4. The complaint procedure regarding Electronic Services is specified in section 6 of the Terms of Service.
3. CONDITIONS OF CONCLUDING A SALES AGREEMENT
3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in the Online Store in accordance with point 2.1.1. Terms of Service.
3.2. The Product price shown on the Online Store website is given in Polish złoty [PLN] and includes taxes. The Service Recipient/Customer has the option of changing the currency in which the Product price is given to the Euro [EUR €] or the US dollar (USD $). The total price of the Product (including taxes) that is the subject of the Order, as well as delivery costs (including transport fees, delivery and postal services) and other costs, when it's not possible to determine their amount, shall be indicated to the Customer on the Online Store's pages during the Order placement process, including at the moment of expressing the Customer's intent to enter into a Sales Agreement.
3.2.1.The Customer is responsible for paying any additional fees required by law, including in particular customs duties and taxes in the event that the obligation to pay them is imposed by national regulations or regulations of third countries, including the regulations of the European Union or issued on the basis of international agreements.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order in the Online Store in accordance with point 2.1.1. Terms of Service.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statement of receiving the Order and accepting it for execution and confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms of Service available on the Online Store website and (2) sending the Customer the e-mail referred to in point 3.3.2. Terms of Service. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Payment by transfer to the Seller's bank account.
4.1.2. Electronic payments and payment card payments via PayPal and Przelewy24.pl - possible current payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website https://www.paypal.com/pl and https://www.przelewy24.pl.
4.1.2.1. Settlement of transactions by electronic payments and payment cards is carried out in accordance with the Customer's choice. Electronic and payment card payments are handled by:
4.1.2.1.1. PayPal – PayPal (Europe) S.a r.l. et Cie, S.C.A., 5th floor, 22-24 Boulavard Royal, L-2449 Luxembourg, Grand Duchy of Luxembourg, Registered under RCS Luxembourg B 118 349, VAT number: LU22046007.
4.1.2.1.2. Przelewy24.pl - PAYPRO SPÓŁKA AKCYJNA company with its registered office in Poznań (registered office address: ul. Pastelowa 8, 60-198 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000347935, registration files kept by the District Court of Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, share capital in the amount of PLN 5,476,300.00, NIP: 7792369887, REGON: 301345068.
4.2. Payment deadline:
4.2.1. In the case of payment by bank transfer, electronic payments, or credit card payments chosen by the Customer, the Customer is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement.
5. COST, METHODS AND DATE OF PRODUCT DELIVERY
5.1. Delivery of the Product is available within the territory of the Republic of Poland and abroad.
5.2. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal services fees) are indicated to the Customer on the Online Store's website in the information tab regarding delivery costs and when placing the Order, including when the Customer expresses their will to conclude the Sales Agreement.
5.3. According to the "Delivery Time" regulations, it is the time from payment (or, in the case of cash-on-delivery payment, from placing the order) to the moment when the product is delivered to the Customer. This includes both the time of processing by the Seller and the time the carrier takes to deliver the product.
5.3.1. The production time for each Product is determined individually and is visible in the parameters of each Product.
5.3.2. If you order several Products with different production times, the order will be shipped within the time specified by the Product with the longest production time
5.4. The Seller provides the following delivery methods for the Product to the Customer:
5.4.1. Postal delivery.
5.4.2. Courier delivery.
5.4.3. Parcel locker delivery
5.5. Delivery date of the Product to the Customer::
5.5.1. For deliveries within the territory of the Republic of Poland, the delivery time is up to 28 Business Days unless a shorter term is indicated in the description of the specific Product or during the order placement. In the case of Products with different delivery times, the delivery time is the longest one provided, but it cannot exceed 28 Business Days.
5.5.2. For deliveries to the following countries:
5.5.2.1. Kingdom of Belgium
5.5.2.2. Kingdom of Spain
5.5.2.3. Kingdom of the Netherlands
5.5.2.4. Republic of Austria
5.5.2.5. Republic of Bulgaria
5.5.2.6. Republic of Croatia
5.5.2.7. Republic of Cyprus
5.5.2.8. Czech Republic
5.5.2.9. Republic of Estonia
5.5.2.10. Federal Republic of Germany
5.5.2.11. Republic of Finland
5.5.2.12. French Republic
5.5.2.13. Hellenic Republic (Greece)
5.5.2.14. Ireland
5.5.2.15. Republic of Lithuania
5.5.2.16. Republic of Latvia
5.5.2.17. Republic of Malta
5.5.2.18. Portuguese Republic
5.5.2.19. Republic of Slovakia
5.5.2.20. Republic of Slovenia
5.5.2.21. Romania
5.5.2.22. Hungary
5.5.2.23. Grand Duchy of Luxembourg
5.5.2.24. Italian Republic
5.5.2.5. United Kingdom of Great Britain and Northern Ireland
is up to 41 Business Days, unless a shorter period is specified in the description of a given Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 41 Business Days.
5.5.3. For deliveries to the following countries::
5.5.3.1. Bosnia and Herzegovina;
5.5.3.2. Montenegro;
5.5.3.3. Iceland;
5.5.3.4. Canada;
5.5.3.5. the Swiss Confederation;
5.5.3.6. Kingdom of Denmark;
5.5.3.7. Kingdom of Norway;
5.5.3.8. Kingdom of Sweden;
5.5.3.9. the Republic of Albania;
5.5.3.10. the Republic of North Macedonia;
5.5.3.11. the Republic of Moldova;
5.5.3.12. the Republic of Serbia;
5.5.3.13. United States of America
The delivery time is up to 51 Business Days, unless a shorter term is indicated in the description of the specific Product or during the order placement. In the case of Products with different delivery times, the delivery time is the longest one provided, but it cannot exceed 51 Business Days.
5.5.4. in the case of delivery made in the territory of countries other than those listed in point 5.4.1. Terms of Service, points from 5.4.2.1. Terms of Service until 5.4.2.26. Terms of Service and from point 5.4.3.1. Terms of Service until 5.4.3.13. of the Terms of Service is up to 51 Business Days, unless a shorter period is specified in the description of a given Product or when placing an Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 51 Business Days..
5.6. Delivery dates indicated in points 5.4.1. Terms of Service, 5.4.2. Terms of Service and 5.4.4. The Terms of Service are counted from the moment the Seller's bank account or settlement account is credited.
6. COMPLAINT HANDLING PROCEDURE
6.1. This point 6 of the Terms of Service defines the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2. A complaint may be submitted, for example::
6.2.1. in writing to the following address: ul. Jacka Malczewskiego 2/2, 71-616 Szczecin;
6.2.2. in electronic form via e-mail to the following address: contact@wastedcouture.net.
6.3. The return or sending of a Product as part of a complaint can be done to the following address: ul. Jacka Malczewskiego 2/2, 71-616 Szczecin.
6.4. It is recommended to include in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect or non-compliance with the agreement; (2) requesting a method of the complaint should be resolved, such as a statement on price reduction, withdrawal from the agreement, or other claims; and (3) contact details of the person filing the complaint - this will facilitate and speed up the processing of the complaint. The requirements given in the previous paragraph are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.5. If the complainant changes the contact details provided while the complaint is being considered, he or she is obliged to notify the Seller.
6.6. Complainants may attach evidence (e.g., photos, documents, or the Product) related to the subject of the complaint. The Seller may also request the complainant to provide additional information or send evidence (e.g., photos) if it will facilitate and expedite the handling of the complaint.
6.7. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
6.8. The basis and scope of the Seller's statutory liability are specified in generally applicable provisions of law, in particular in the Civil Code, the Act on Consumer Rights and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). Additional information regarding the Seller's liability for the compliance of the Product with the Sales Agreement provided for by law is provided below:
6.8.1. In the event of a complaint about a Product - a movable item - purchased by the Customer under the Sales Agreement concluded with the Seller until December 31, 2022, the provisions of the Civil Code in force until December 31, 2022, in particular Art. 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product purchased in accordance with the previous sentence towards the Customer who is not a consumer is excluded.
6.8.2. In the event of a complaint about a Product - a movable item (including a movable item with digital elements), but excluding a movable item that serves only as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023, are specified provisions of the Consumer Rights Act in force from January 1, 2023, in particular Art. 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.9. The Seller does not provide a warranty for the Products it sells.
6.10. The provisions of point 6.8.2 of the Regulations concerning consumers also apply to a Customer who is a natural person entering into an agreement directly related to their business activity when it results from the content of the agreement that it does not have a professional nature for that person. This is particularly based on the nature of the business activities carried out by the person, which are available based on the Central Register and Information on Economic Activity provided for by the provisions of law.
7. OUT-OF-COURT COMPLAINT RESOLUTION AND CLAIMS PURSUIT PROCEDURES, AND ACCESS TO THESE PROCEDURES
7.1. Methods of resolving disputes without court participation include (1) enabling the parties' positions to be approximated, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation, and (3) resolving the dispute and imposing its solution on the parties, e.g. through arbitration (arbitration court). Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims, rules of access to these procedures and a friendly search engine for entities dealing with amicable resolution of disputes are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.2. There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide consumers with information on out-of-court resolution of consumer disputes. The consumer can contact the point: (1) by phone - by calling 22 55 60 332 or 22 55 60 333; (2) via e-mail - by sending a message to the following address: kontakt.adr@uokik.gov.pl or (3) in writing or in person - at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3. The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims: (1) an application for resolution of the dispute to a permanent consumer arbitration court; (2) an application for out-of-court resolution of the dispute to the provincial inspector of the Inspection; or (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at advice@dlakonsumentow.pl and by calling the consumer hotline number 801 440 220 (the hotline is open on Business Days, from 8:00 a.m. to 6:00 p.m., call fee according to the operator's tariff).
7.4. There is an internet platform for the resolution of disputes between consumers and businesses at the EU level (ODR platform), available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and businesses seeking an out-of-court resolution of disputes concerning contractual obligations arising from an online sales contract or service contract. For more information, please visit the platform's own website or the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html..
8. RIGHT TO WITHDRAW FROM THE CONTRACT
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point 8.8. Terms of Service. To meet the deadline, it is enough to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
8.1.1 in writing to the following address: ul. Jacka Malczewskiego 2/2, 71-616 Szczecin;
8.1.2. in electronic form via e-mail to the following address: contact@wastedcouture.net.
8.2. The return of the Product - movable items (including movable items with digital elements) as part of the withdrawal from the contract may be made to the following address: ul. Jacka Malczewskiego 2/2, 71-616 Szczecin.
8.3. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point 12 of the Terms of Service. The consumer may use the template form, but this is not obligatory.
8.4. The deadline for withdrawal from the contract begins:
8.4.1. for a contract in which the Seller releases the Product and is obligated to transfer ownership of it – from the moment the consumer or a third party indicated by the consumer other than the carrier takes possession of the Product; in the case of a contract that (1) covers multiple Products delivered separately, in batches, or in parts – from the moment the last Product, batch, or part is taken into possession, or (2) involves regular delivery of Products for a specified period – from the moment the first of the Products is taken into possession;
8.4.2. for other contracts – from the date of concluding the contract.
8.5. In the case of withdrawal from a distance contract, the contract is deemed as not concluded.
8.6. Products - movable items, including movable items with digital elements:
8.6.1. The Seller is obligated to reimburse the consumer for all payments made by them, including the cost of delivering the Product - movable item, including movable items with digital elements, without any delay, and in any event not later than 14 calendar days from the day on which the Seller is informed of the consumer's decision to withdraw from the contract. The Seller will carry out the reimbursement using the same means of payment as the consumer used for the initial transaction unless the consumer has expressly agreed otherwise; in any event, the consumer will not incur any fees as a result of such reimbursement. In the case of Products - movable items (including movable items with digital elements), if the Seller has not offered to collect the Product from the consumer, the Seller may withhold the reimbursement until the Seller has received the Product back or the consumer has supplied evidence of having sent back the Product, whichever is the earliest.
8.6.2. In the case of Products - movable items (including movable items with digital elements), the consumer shall send back the Product or hand it over to the Seller or to a person authorized by the Seller to receive the Product, without undue delay and in any event not later than 14 days from the day on which the consumer communicates their withdrawal from this contract to the Seller. The deadline is met if the consumer sends back the Product before the period of 14 days has expired.
8.6.3. The consumer is only liable for any diminished value of the Product, resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Product.
8.7. Possible costs associated with the consumer's withdrawal from the contract that the consumer is required to bear:
8.7.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.7.2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the Product. In the case of products that cannot be returned by regular mail (bulky goods), the consumer may incur higher return costs, in accordance with the following example price list: https://allekurier.pl/.
8.7.3. In the case of a Product - a service, the performance of which - at the express request of the consumer - began before the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.8. The right to withdraw from a distance contract does not apply to consumers in the case of contracts:
8.8.1. (1) for services, if the consumer has agreed to the full performance of the service and has been informed by the Seller before the performance begins that upon completion of the service, the consumer will lose the right to withdraw from the contract, and the consumer has acknowledged this fact; (2)where the price or remuneration depends on financial market fluctuations over which the Seller has no control and which may occur before the end of the withdrawal period; (3) for the supply of Products - movable items (including movable items with digital elements) - which are not prefabricated and are produced according to the consumer's specifications or serve to satisfy their individual needs; (4) for the supply of Products - movable items (including movable items with digital elements) - that are liable to deteriorate rapidly or have a short shelf life; (5) for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; (6) in which the subject of the provision are Products - movable items (including movable items with digital elements) - which, after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7)for alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides other services than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to for additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if it was unsealed after delivery; (10) for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium for which the consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has completed the provision, he will lose the right to withdraw from the contract , and acknowledged it, and the Seller provided the consumer with the confirmation referred to in Art. 15 section 1 and 2 or art. 21 section 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay a price, in the case of which the consumer has expressly requested the Seller to come to him for repairs, and the service has already been fully performed with the express and prior consent of the consumer.
8.9. The consumer provisions contained in this point 8 of the Terms of Service apply to contracts concluded from January 1, 2021 also to the Service Recipient or the Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that they do not have for this person of a professional nature, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity (CEIDG).
9. PROVISIONS APPLICABLE TO ENTREPRENEURS
9.1. This point 9 of the Terms of Service and all provisions contained therein are addressed is directed solely at and binding upon Customers or Service Recipients who are not consumers. Additionally, from January 1, 2021, it applies to contracts concluded on and after this date by persons who are not consumers and who are not natural persons entering into a contract directly related to their business activity when the content of the contract indicates that it does not have a professional character for such natural persons, particularly as it results from the subject of their business activity made available under the provisions of the Central Register and Information on Economic Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from its conclusion. In this case, the withdrawal from the Sales Agreement can take place without giving any reason, and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller's liability under the warranty for the Product or lack of compliance of the Product with the Sales Agreement is excluded.
9.4. The Seller will respond to the complaint within 30 calendar days from the date of its receipt.
9.5. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.6. The Service Provider may terminate the contract for the provision of an Electronic Service with immediate effect and without stating reasons by sending the Service Recipient an appropriate statement.
9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited - both for a single claim and for all claims in total - to the amount of the price paid and the cost of delivery under the Sales Agreement, but not more than one thousand Polish złotys. The monetary limitation mentioned in the preceding sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including those that are not related to the Sales Agreement. The Service Provider/Seller is liable towards the Service Recipient/Customer only for typical, foreseeable damages at the time of conclusion of the contract and is not liable for lost profits. The Seller is not liable for delays in delivery.
9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
10. ILLEGAL CONTENT AND OTHER CONTENT THAT VIOLATES THE TERMS AND CONDITIONS.
10.1. This section of the Terms and Conditions includes provisions resulting from the Digital Services Act concerning the Online Store and the Service Provider. As a rule, the Service Recipient is not obligated to provide content while using the Online Store, unless the Terms and Conditions require the provision of specific data (e.g., data for placing an Order). The Service Recipient may have the opportunity to add reviews or comments in the Online Store using tools provided for this purpose by the Service Provider. In any case of content delivery by the Service Recipient, they are obliged to comply with the rules set out in the Terms and Conditions.
10.2. CONTACT POINT - The Service Provider designates the email address contact@wastedcouture.net as a single contact point. The contact point enables direct communication of the Service Provider with the authorities of member states, the European Commission, and the Digital Services Council, and simultaneously allows service recipients (including Service Recipients) direct, fast, and user-friendly communication with the Service Provider electronically, for the purposes of implementing the Digital Services Act. The Service Provider specifies Polish and English as the languages for communication with its contact point
10.3. Procedure for reporting Illegal Content and acting in accordance with Article 16 of the Digital Services Act:
10.3.1. Any person or entity can report to the Service Provider the presence of specific information, which they consider to be Illegal Content, via the email address contact@wastedcouture.net
10.3.2. The report should be sufficiently precise and adequately justified. For this purpose, the Service Provider enables and facilitates making reports to the aforementioned email address, containing all the following elements: (1) a sufficiently justified explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where appropriate, additional information enabling identification of the Illegal Content, according to the type of content and specific type of service; (3) the name and surname or the name and email address of the person or entity making the report, except for reports concerning information deemed to be related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are correct and complete.
10.3.3. The report referred to above is considered to provide a basis for obtaining actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act concerning the information it pertains to, if it enables the Service Provider, acting with due diligence, to ascertain – without detailed legal analysis – the illegal nature of the particular activity or information.
10.3.4. If the report contains electronic contact data of the person or entity making the report, the Service Provider promptly sends a confirmation of receipt to such person or entity. The Service Provider also promptly informs such person or entity of its decision regarding the information concerned by the report, providing information about the possibility of appealing against the decision made.
10.3.5. The Service Provider considers all reports it receives under the mechanism mentioned above, and makes decisions regarding the information concerned by the reports in a timely, non-arbitrary, and objective manner, and with due diligence. If the Service Provider uses automated means for such consideration or decision-making, it includes information about this in the notification referred to in the previous point.
10.4. Information about the restrictions imposed by the Service Provider in relation to the use of the Online Store, with regard to the information provided by Service Recipients:
10.4.1. The Service Recipient is subject to the following rules when providing any content within the Online Store:
10.4.1.1. The obligation to use the Online Store, including posting content (e.g., within reviews or comments), in accordance with its purpose, these Terms and Conditions, and in a manner consistent with the law and good manners, taking into account the respect for personal rights and the copyright and intellectual property of the Service Provider and third parties;
10.4.1.2. The obligation to introduce content that is accurate and not misleading;
10.4.1.3. The prohibition of providing unlawful content, including the prohibition of providing Illegal Content;
10.4.1.4. The prohibition of sending unsolicited commercial information (spam) via the Online Store;
10.4.1.5. The prohibition of providing content that violates the generally accepted principles of netiquette, including content that is vulgar or offensive;
10.4.1.6. The obligation to possess, where necessary, all required rights and permissions to provide such content on the Online Store pages, particularly copyrights or required licenses, permissions, and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute in the Online Store and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties;
10.4.1.7. The obligation to use the Online Store in a manner that does not create a threat to the security of the Service Provider's information technology system, the Online Store, or third parties.
10.4.2. The Service Provider reserves the right to moderate the content provided by Service Recipients on the Online Store’s website. Moderation is conducted in good faith and with due diligence, either on the Service Provider's own initiative or upon receiving a report, for the purpose of detecting, identifying, and removing Illegal Content or other content not in compliance with the Terms and Conditions, or to prevent access to it or to take necessary measures to comply with the requirements of European Union law and national law consistent with EU law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms and Conditions.
10.4.3. The moderation process may be carried out manually by a person or based on automated or semi-automated tools that assist the Service Provider in identifying Illegal Content or other content not in compliance with the Terms and Conditions. Upon identifying such content, the Service Provider decides whether to remove or restrict access to the content, or otherwise limit its visibility, or take other actions deemed necessary (e.g., contacting the Service Recipient to clarify objections and change the content). The Service Provider will clearly and understandably inform the Service Recipient, who provided the content (if their contact details are available), about their decision, the reasons for making it, and the available options for appealing against this decision.
10.4.4. The Service Provider, in exercising its rights and obligations under the Digital Services Act, is required to act with due diligence, in an objective and proportional manner, and with proper consideration for the rights and legally justified interests of all involved parties, including service recipients, particularly taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
10.5. Any remarks, complaints, claims, appeals, or objections regarding decisions or other actions or inactions taken by the Service Provider based on a received report or a decision made by the Service Provider in accordance with the provisions of these Terms and Conditions can be submitted through a procedure analogous to the complaint procedure indicated in section 6 of the Terms and Conditions. Utilizing this procedure is free of charge and enables the submission of complaints electronically to the provided email address. The use of the complaint submission and review procedure does not affect the right of the person or entity to initiate legal proceedings and does not infringe on their other rights.
10.6. The Service Provider considers any remarks, complaints, claims, appeals, or objections regarding decisions or other actions or inactions taken by the Service Provider based on a received report or a decision made in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other submission provides sufficient grounds for the Service Provider to believe that its decision to take no action in response to a report is unjustified, or that the information subject to the complaint is not illegal and not in violation of the Terms and Conditions, or contains information indicating that the action of the complainant does not justify the measure taken, the Service Provider will, without unnecessary delay, revoke or amend its decision regarding the potential removal or restriction of access to the content, or otherwise limit their visibility, or take other actions it deems necessary.
10.7. Customers, individuals, or entities who have reported Illegal Content, to which the Service Provider's decisions regarding Illegal Content or content that violates the Terms and Conditions are directed, have the right to choose any out-of-court dispute resolution body certified by the coordinator for digital services of the Member State to resolve disputes concerning these decisions, including regarding complaints that have not been resolved within the Service Provider's internal complaint handling system.
11. FINAL PROVISIONS
11.1. Contracts concluded via the Online Store are concluded in Polish.
11.2. Changes in the Terms of Service:
11.2.1. The Service Provider reserves the right to make changes to these Terms of Service for important reasons, i.e.: changes in legal provisions; changes in payment or delivery methods or timing, becoming subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; adding new Electronic Services; the need to counteract unforeseen and direct threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breaches or other cybersecurity threats - to the extent that these changes affect the implementation of the provisions of these regulations.
11.2.2. Notification of proposed changes is sent in advance at least 15 days before the date of entry into force of these changes, provided that the change may be introduced without observing the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation pursuant to which is obliged to amend the Terms of Service in a way that makes it impossible for him to comply with the 15-day notice period; or (2) must, by way of exception, amend its regulations to counteract an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breaches or other cybersecurity threats. In the last two cases referred to in the previous sentence, changes are introduced with immediate effect, unless it is possible or necessary to apply a longer deadline for introducing changes, which is each time notified by the Service Provider.
11.2.3. In the case of continuous contracts (e.g., provision of an Electronic Service – Account), the Service Recipient has the right to terminate the contract with the Service Provider before the notice period for the proposed changes expires. Such termination becomes effective within 15 days from the date of receiving the notification. In the case of entering into a continuous contract, the modified regulations are binding on the Service Recipient if they have been properly notified of the changes, in accordance with the notification period before their introduction, and have not terminated the contract during that period. Additionally, at any time after receiving the notification of changes, the Service Recipient may accept the proposed changes and thus waive the continuation of the notice period. In the event of concluding an agreement of a different nature than continuous agreements, changes to the Terms of Service will not in any way violate the rights acquired by the Service User before the date of entry into force of the changes to the Terms of Service, in particular, changes to the Terms of Service will not affect Orders already placed or submitted as well as concluded, implemented or performed orders. Sales Agreements.
11.2.4. If a change to the Terms of Service results in the introduction of any new fees or an increase in existing ones, the consumer has the right to withdraw from the contract.
11.3. Matters not regulated by this Terms of Service are subject to the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
12. WITHDRAWAL FORM SAMPLE
(APPENDIX NUMBER 2 TO THE CONSUMER RIGHTS ACT)