Regulations
1. The owner and operator of the online shop by means of the website www.ubranesklep.pl (hereinafter referred to as "Online Store" or "Store") is Aleksandra Górnicka, running a sole proprietorship under the business name Ubrane Aleksandra Górnicka, based in Wodzisław Śląski, address: ul. Mendego 28, 44-300 Wodzisław Śląski, registered in the Central Register and Information on Business Activity, maintained by the Minister of Development and Technology, NIP: 6322019066, REGON: 369106497, (hereinafter referred to as "Seller").
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2. These Terms and Conditions are addressed to all users and set out the rules for the registration and use of an individual Account, the sale of the Seller's products via the Online Shop and sets out the terms and conditions for the provision of free electronic services.
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3. The Customer can contact the Online Store at the following e-mail address: kontakt@ubranesklep.pl or by contacting Customer Service by telephone from Monday to Friday from 9:00 a.m. to 5:00 p.m. at telephone number: +48 663-433-466. Messages received on Saturdays, Sundays and holidays will be answered by the customer on the next working day during the working hours of the hotline.
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4. The administrator of the personal data is Aleksandra Górnicka, running a sole proprietorship under the firm Ubrane Aleksandra Górnicka, based in Wodzisław Śląski, address: ul. Mendego 28, 44-300 Wodzisław Śląski, registered in the Central Register of Business Activity and Information, NIP: 6322019066, REGON: 369106497.
§ 1 Definitions
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Customer - a subject who is a user of the Store's website, to whom, in accordance with the Regulations and legal provisions, services may be provided via the Online Store.
Civil Code - the Civil Code Act of 23 April 1964 (i.e. Journal of Laws 2023, item 1610, as amended).
Consumer - means a natural person making a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity.
Individual Account - a panel individually assigned to a Customer after registration of data in the system of the Online Store, marked with an e-mail address and password provided by the Customer in the Seller's ICT system, allowing the Customer to use additional functionalities of the Store's website.
Entrepreneur - means a natural person, a legal person or an organisational unit that is not a legal person, to which the Act grants legal capacity, conducting a business or professional activity on its own behalf and performing a legal action directly related to its business or professional activity.
Entrepreneur with the rights of a Consumer - a natural person concluding a Sales Agreement directly related to his/her business activity, when it follows from the content of the agreement that it is not of a professional nature for that person, resulting in particular from the subject matter of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
Regulations - means these regulations.
Internet shop or Store - means the website available at: www.ubranesklep.pl.
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Seller - it shall be understood to mean Aleksandra Górnicka, running a sole proprietorship under the business name Ubrane Aleksandra Górnicka with its registered office in Wodzisław Śląski, address: ul. Mendego 28, 44-300 Wodzisław Śląski, registered in the Central Register of Business Activity and Information, NIP: 6322019066, REGON: 369106497.
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Merchandise - means a product presented each time by the Seller within the framework of the Online Shop, in order to sell it.
Contact details - the following details by which the Customer can contact the Online Shop: e-mail address: kontakt@ubranesklep.pl or by contacting Customer Service by phone from Monday to Friday from 9:00 a.m. to 5:00 p.m. at: +48 663-433-466.
Contract of Sale or Contract - a contract for the sale of Goods concluded between the Seller and the Customer, the terms and conditions of which are set out in particular in these Terms and Conditions. The Contract of Sale is concluded with the use of means of distance communication, after acceptance of the Order by the Seller on the terms and conditions specified in these Terms and Conditions.
The Contract of Sale is concluded with the use of means of distance communication after acceptance of the Order by the Seller on the terms and conditions specified in these Terms and Conditions.
Newsletter - means a newsletter concerning news and promotions in the Online Store, to which the Customer has agreed to subscribe by providing his/her e-mail address in the "Newsletter" box on the Store's website, together with selecting the "Subscribe" option.
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§ 2 General provisions and rules of use of the Store
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- Access to the Terms and Conditions of Use can be obtained by each Customer at any time, through the link "Terms and Conditions of the Shop" located on the page of the Online Shop. .
- Information about the Goods placed in the Online Shop, such as photos, descriptions, prices, constitutes an invitation to conclude a sales agreement within the meaning of Article 71 of the Civil Code, in accordance with the terms and conditions of the Regulations.
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- Pictures and descriptions of the offered products are intended for the presentation of the models of Goods specifically indicated on them.
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- The minimum technical requirements to be met in order to cooperate with the ICT system used by the Seller, including the conclusion of the Sales Agreement and the provision of other electronic services, are: (1) a computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail and a valid e-mail address; (3) a standard web browser.
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- It is not acceptable:
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- using the Online Shop for the purpose of carrying out activities that would harm the interests of the owner of the Online Shop, in a manner contrary to the law, good morals or violating the personal rights of third parties, .
- delivery of unlawful content to the Store, .
- using the Shop in a way that disrupts its operation or undertaking computer actions or any other action aimed at gaining access to information not intended for the Customer, including other Customers' data;
- plying to the Shop in a way that disrupts its operation
- posting of unsolicited commercial information in the Shop; and
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- using the content placed on the Store website for purposes other than personal use;
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§ 3 Rules for placing an Order and concluding a Sales Contract
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- The Seller makes it possible to conclude contracts for the sale of Goods via the Internet and provides other services as provided for in these Terms and Conditions. .
- In order to register an individual Account and in order to conclude a Sales Contract via the Store's website, it is necessary for the Customer to have an active e-mail account.
- The Customer must have an active e-mail account.
- Creating an Individual Account is not necessary to place an order in the Online Shop.
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- The Customer may place orders in the Online Shop via the Shop website 7 days a week, 24 hours a day.
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- In order to place an order, a selection of Goods must be made in the Store, in particular in terms of their models, quantities and sizes. Each of the Goods must be added to the "Basket" using the "Add to Basket" option. The selection of each of the Goods will take the Customer to the "Basket". The Customer can then continue to select the Goods. Once the order has been completed in its entirety, proceed to the "Basket" and continue with the ordering procedure. When completing the order, the Customer may log in to his/her Individual Account or complete the order "as a guest" after completing his/her personal data and delivery address in the relevant fields. In the following steps, the Customer has the option to choose the method of delivery of the Goods and the method of payment and is informed of the total price for the chosen Goods and their delivery, as well as all additional costs he/she is obliged to pay in connection with the order.
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- Then, the Customer places the order by selecting the "Buy and pay" option.
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- A condition of placing an order is to accept the Terms and Conditions and the Privacy Policy by marking the appropriate box on the order form.
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- Information provided by the Customer in the course of placing an order should be truthful, up-to-date and accurate. The Seller reserves the right to refuse the fulfilment of the order, if the provided data is so inaccurate that it prevents the fulfilment of the order, in particular prevents the correct delivery of the ordered Goods. Before refusing to process an order, the Seller will attempt to contact the Customer in order to establish the necessary data.
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- Until the moment of approving the selection of Goods with the "Buy and pay" button, the Customer has the possibility of making changes and modifications to the Goods in the order, as well as to the contact details for shipping or invoice. Until payment has been made, the Customer may discontinue placing the order by not continuing any further steps. In this situation, the Customer's order will not be fulfilled.
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- Submission of an order by the Customer constitutes an offer by the Customer to the Seller to conclude a contract of sale of the Goods within the meaning of the Civil Code.
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- After placing an order, the Seller sends an order confirmation to the e-mail address provided by the Customer.
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- The conclusion of the Contract for Sale of Goods between the Seller and the Customer takes place upon receipt by the Customer of information on acceptance of the order, referred to in section 11. This information includes confirmation of the terms and conditions of the Contract for Sale concluded on the basis of the Terms and Conditions.
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§ 4 Creation of an Individual Account
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- In order to create an individual Account, the Customer is obliged to register his/her data in the Store's database free of charge. Registration of data takes place by filling in a registration form available in the "Account" tab together with selecting the "Register" option. Filling in the form requires providing the following data: first name, surname, e-mail address and setting a password individual for the Customer. .
- A condition for the creation of an individual Account is the acceptance of the Terms and Conditions and Privacy Policy by marking the appropriate field in the form. .
- After submitting the completed registration form, the Customer shall immediately receive, by e-mail to the e-mail address provided in the registration form, confirmation of the registration of the Individual Account in the Store by the Seller. With this moment, the agreement for electronic provision of Individual Account service is concluded, and the Customer obtains the possibility to access the Individual Account and make changes to his/her data provided at the time of registration. .
§ 5 Delivery
- The goods are delivered to the address indicated by the Customer in the order in the territory of the Republic of Poland and abroad (to selected EU countries) after the order has been paid for. .
- The Goods in the territory of the Republic of Poland are delivered through the courier company DPD via courier, and through the courier company INPOST via courier and parcel machines. In the case of foreign orders, the Goods are delivered via the courier company DPD via courier. .
- The Customer also has the option of collecting the order in person at the Seller's stationary shop at 7 Zamkowa Street, 44-300 Wodzisław Śląski, after paying for the order in advance. The Seller will inform the Customer that the order is ready for collection at the stationary shop by sending an SMS message to that effect. The Customer will be able to collect the order at a stationary shop within 7 days of receiving the message referred to in the preceding sentence. When collecting the order at the stationary shop of the Seller, the Customer provides the order number and the telephone number provided during the ordering process. Failure to collect the order at the stationary shop within 7 days of receiving the text message, and then within an additional period set by the Seller, results in the Seller being able to withdraw from the Sales Contract. .
- Delivery charges for the Goods are stated within the order form. .
- On the day the Goods are shipped to the Customer, the Seller sends a dispatch notification to the Customer's e-mail address. .
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The delivery date of the Goods to the Customer shall be up to [...] Business Days, unless a different date is specified by the Seller during the ordering process. In the case of Goods with different delivery dates, the delivery date shall be the longest date specified.
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The delivery date shall be the longest date specified.
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The date of delivery of the Goods to the Customer referred to in paragraph 6 above shall be calculated as follows
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- In case the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
- In case the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
- Each shipment of Goods includes a proof of purchase (receipt or VAT invoice).
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§ 6 Prices and Payment
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- The prices on the website stated in Polish zloty are gross prices, including VAT. .
- Postage costs must be added to the price of the goods, the amount of which depends on the selected form of delivery and payment.
- The price of the purchase of the goods under the site shall include VAT.
- The purchase price of goods given on the Store's website shall be final and shall be binding from the moment the Customer receives an electronic message confirming acceptance of an order placed by the Customer for the purchase of selected Goods, indicated in § 3 section 11. This price shall not change, regardless of price changes introduced on the Store's website or promotional or sales campaigns launched.
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- The Customer shall pay the price for the ordered Goods including delivery costs, at his/her choice:
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- by bank transfer to the Seller's bank account specified below, prior to delivery: .
ING BANK SLĄSKI
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Account number: 69 1050 1403 1000 0091 2817 8259
IBAN: PL 69 1050 1403 1000 0091 2817 8259
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SWIFT/BIC: INGBPLPW
- Twisto, operated by Twisto Polska sp. z o.o. with its registered office in Warsaw, address: ul. Zgoda 3/8, 00-018 Warsaw, prior to delivery;
- Twisto, operated by Twisto Polska sp. z o.o., based in Warsaw, address.
- Imoje, operated by the company ING Bank Śląski SA., with its registered office in Katowice, address: 34 Sokolska Street, 40-086 Katowice, prior to delivery;
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- In case the Customer chooses the method of payment specified in section 4a., failure to receive the payment to the Seller's account within 1 working day from the date of concluding the Sales Agreement, and then within an additional period set by the Seller, shall result in the possibility of withdrawal from the Sales Agreement by the Seller. .
- In the event that the Customer chooses the method of payment specified in section 4b. or 4c., of this paragraph, the Seller shall commence the fulfilment of the order upon receipt from the Twisto system or Imoje system of confirmation of payment, and in the event that the Customer chooses deferred payment upon notification of the Seller by the creditor that a credit agreement has been concluded with the Customer. Failure to receive payment or notification by the lender of the conclusion of a credit agreement with the Customer within 3 working days from the date of conclusion of the Sales Agreement, and thereafter within an additional period set by the Seller, results in the possibility of withdrawal from the Sales Agreement by the Seller. .
- The Seller reserves the right to change prices of the Goods available in the Store, introduce new Goods to the Store, carry out and cancel promotional campaigns on the shop's websites, or introduce changes thereto in accordance with the Civil Code and other laws, provided that such changes do not affect the rights of persons who have entered into Contracts of Sale for the Goods offered by the Store before the aforementioned changes were made, or the rights of persons entitled to take advantage of a given promotion, in accordance with its rules and during its term. .
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§ 7 General terms and conditions for making complaints
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- Complaints can be made in writing by sending the goods back with a description of the defect and proof of purchase to the Store, by registered post or other form of delivery, to the address: Ubrane Aleksandra Górnicka, 7 Zamkowa Street, 44-300 Wodzisław Śląski. Complaints can also be made by sending an e-mail to: kontakt@ubranesklep.pl including a description of the reported defect and photos of the faulty goods or a description of the reported problem, if the complaint concerns free of charge services provided electronically by the Seller. .
- It is advisable that the notification of the complaint contains, in particular: name, surname, correspondence address, e-mail address to which a reply to the complaint is to be sent, if the Customer wishes to receive a reply to the complaint by e-mail, date of purchase of the goods, exact description of the goods and the date on which they were found, the Customer's request, the Customer's preferred method of informing about the method of processing the complaint, information on whether the Customer has the status of an Entrepreneur with the rights of a Consumer. Along with the complaint, proof of purchase of the goods should be provided to the Seller, if possible. This may be, for example, a copy of the receipt, a copy of the invoice, a printout of the payment card or other proof. .
- The Customer will be informed how the complaint will be dealt with within 14 days of the Customer's request. .
- The Customer will receive information on the manner in which the complaint has been resolved at the Customer's indicated e-mail address or in writing (by registered mail) to the address indicated by the Customer.
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In any case, the Customer may also use the model complaint form available on the website of the Office of Competition and Consumer Protection at: https://prawakonsumenta.uokik.gov.pl/formularze/.
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§ 8 Complaint under warranty
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- The provisions of this paragraph shall apply to complaints about Goods purchased by a Consumer or a Business with the rights of a Consumer until 31 December 2022. .
- If the purchased Goods have a physical or legal defect, the Seller shall be liable to the Customer who is a Consumer or Entrepreneur with the rights of a Consumer on the basis of Article 556 et seq. of the Civil Code (warranty). .
- If the sold Goods have a defect, the Customer who is a Consumer or an Entrepreneur with the rights of a Consumer may: .
- submit a declaration on reduction of the price or withdrawal from the Sales Agreement, unless the Seller replaces the defective Goods with defect-free Goods or removes the defect immediately and without undue inconvenience for the Consumer or Entrepreneur with rights of the Consumer. This limitation shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to fulfil the obligation to replace the Goods with defect-free Goods or remove the defects, .
- require replacement of the Goods with defect-free Goods or rectification of defects. The Seller shall be obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience for the Consumer or Entrepreneur with the rights of the Consumer. .
- A Customer who is a Consumer or an Entrepreneur with the rights of a Consumer may, instead of the rectification of the defect proposed by the Seller, demand the replacement of the Goods with defect-free Goods or, instead of the replacement of the Goods, demand the rectification of the defect, unless bringing the Goods into conformity with the agreement in the manner chosen by the Customer who is a Consumer or an Entrepreneur with the rights of a Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessiveness of the costs, the value of the Goods free from defects, the type and significance of the defect found shall be taken into account, as well as the inconvenience to which the Consumer or Entrepreneur with the rights of the Consumer would be exposed by another way of satisfaction.
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- The Seller may refuse to satisfy the request of the Customer who is a Consumer or an Entrepreneur with the rights of a Consumer as to replacing the Goods with defect-free ones or removing the defect if bringing the defective Goods to conformity with the Sales Agreement in a manner chosen by the Customer who is a Consumer or an Entrepreneur with the rights of a Consumer is impossible or in comparison with the other possible manner of bringing them to conformity with the Sales Agreement would require excessive costs. The cost of repair or replacement shall be borne by the Seller.
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- The Customer who exercises his/her rights under the warranty shall be obliged to deliver the defective Goods to the Seller's address. The cost of delivering the Goods shall be borne by the Seller.
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- The Seller shall be liable under the warranty if a physical defect is found before the lapse of two years from the delivery of the Goods to the Customer who is a Consumer or an Entrepreneur with the rights of a Consumer, the claim for removal of the defect or replacement of the Goods with defect-free Goods shall become time-barred after one year, but in the case where the Customer is a Consumer or an Entrepreneur with the rights of a Consumer, this period cannot end before the lapse of the period specified in the first sentence. Within this period, the Customer who is a Consumer or an Entrepreneur with the rights of a Consumer may withdraw from the Sales Contract or make a declaration of price reduction due to a defect in the Goods. If the Customer who is a Consumer or an Entrepreneur with the rights of a Consumer demanded replacement of the Goods with defect-free ones or removal of the defect, the period for withdrawal from the Sale Contract or submitting a declaration on price reduction shall commence upon ineffective expiry of the period for replacing the Goods or removal of the defect.
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- In the case of submitting a complaint on the basis of warranty, the provisions of § 7 of these Terms and Conditions "General terms and conditions for submitting complaints" shall apply.
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§ 9 Complaint on the basis of non-compliance of the Goods with the Contract
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- The provisions of this paragraph apply to complaints about Goods purchased by a Consumer or a Business with the rights of a Consumer from 1 January 2023. .
- In the case of the conclusion of a Sales Agreement between the Seller and a Consumer or an Entrepreneur with the rights of a Consumer, the Seller shall be liable for non-compliance of the Goods with the Sales Agreement under the principles set out in the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2020 item 287 as amended). .
- The Seller shall not be liable for the lack of conformity of the Goods with the Contract if the Consumer or Entrepreneur with the rights of the Consumer, at the latest at the time of the conclusion of the Contract, has been expressly informed that a specific feature of the Goods deviates from the requirements of conformity with the Contract and has expressly and separately accepted the lack of a specific feature of the Goods. .
- If the Goods are not in conformity with the Contract, the Consumer or the Entrepreneur with the rights of the Consumer may demand repair or replacement. .
- The Seller may make a replacement when the Consumer or Entrepreneur with Consumer rights demands repair, or the Seller may make a repair when the Consumer or Entrepreneur with Consumer rights demands replacement, if bringing the Goods into conformity with the Contract in the manner chosen by the Consumer or Entrepreneur with Consumer rights is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the Goods into conformity with the Contract. .
- In assessing the excessive costs for the Seller, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the Goods with the Contract, the value of the Goods in conformity with the Contract and the excessive inconvenience for the Consumer or the Entrepreneur with the rights of the Consumer arising from the change of the manner of bringing the Goods into conformity with the Contract. .
- The Seller shall carry out the repair or replacement within a reasonable time from the moment the Seller is informed by the Consumer or the Entrepreneur with Consumer rights of the non-conformity with the Contract and without undue inconvenience for the Consumer or the Entrepreneur with Consumer rights, taking into account the specific nature of the Goods and the purpose for which the Consumer or the Entrepreneur with Consumer rights purchased them. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller. .
- The Consumer or Entrepreneur with the rights of the Consumer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Consumer or an Entrepreneur with the rights of the Consumer at his expense. .
- If the Goods have been installed before the Goods became incompatible with the Contract, the Seller disassembles the Goods and reassembles them after repair or replacement, or has these activities performed at its expense. .
- The Consumer or Entrepreneur with the rights of the Consumer shall not be obliged to pay for the ordinary use of the Goods which have subsequently been replaced. .
- If the Goods are not in conformity with the Contract, the Consumer or Entrepreneur with the rights of the Consumer may make a declaration to reduce the price or withdraw from the Contract when: .
- The Seller has refused to bring the Goods into conformity with the Contract; .
- The Seller has failed to bring the Goods into conformity with the Contract; .
- the lack of conformity of the Goods with the Contract continues even though the Seller has tried to bring the Goods into conformity with the Contract;
- the Seller has failed to bring the Goods into conformity with the Contract.
- the lack of conformity of the Goods with the Contract is so significant that it justifies a reduction of the price or withdrawal from the Contract;
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- it is evident from the Seller's statement or circumstances that he will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience for the Consumer or the Entrepreneur with the rights of the Consumer;
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- The reduced price must be in such proportion to the price under the Contract as the value of the non-conforming Goods remains to the value of the conforming Goods. .
- The Vendor shall reimburse to the Consumer or Entrepreneur with Consumer rights the amounts due as a result of the exercise of the right to reduce the price immediately, but no later than within 14 days of receipt of the Consumer's or Entrepreneur with Consumer rights' declaration of price reduction. .
- The Consumer or Entrepreneur with Consumer rights may not withdraw from the Contract if the lack of conformity of the Goods with the Contract is insignificant. The lack of conformity of the Goods with the Contract shall be presumed to be material. .
- Where the lack of conformity with the Contract relates only to some of the Goods supplied under the Contract, the Consumer or the Entrepreneur with the rights of the Consumer may withdraw from the Contract only in respect of those Goods and also in respect of the other Goods acquired by the Consumer or the Entrepreneur with the rights of the Consumer together with the Goods not in conformity with the Contract, if the Consumer or the Entrepreneur with the rights of the Consumer cannot reasonably be expected to agree to keep only the Goods in conformity with the Contract. .
- In the event of withdrawal from the Contract, the Consumer or Entrepreneur with Consumer rights shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall return the price to the Consumer or Entrepreneur with Consumer's rights immediately, but no later than within 14 days of receipt of the Goods or proof of their return. .
- The Seller shall refund the price using the same method of payment used by the Consumer or Entrepreneur with Consumer Rights, unless the Consumer or Entrepreneur with Consumer Rights has expressly agreed to a different method of refund that does not incur any costs for the Consumer. .
- The Seller shall be liable for the non-conformity of the Goods with the contract existing at the time of delivery and disclosed within two years from that time, unless the Goods' shelf life, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. .
- In the case of material non-compliance of the Goods with the contract, the Consumer may use the model complaint form attached as Appendix 1 to these Regulations, but this is not obligatory. .
- In the case of filing a complaint on the basis of non-compliance of the Goods with the Contract, the provisions of § 7 of these Regulations "General terms and conditions for filing complaints" shall apply. .
§ 10 Right of withdrawal from the Contract of Sale
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- A Customer who is a Consumer or an Entrepreneur with the rights of a Consumer who has concluded a Sales Agreement may, within 14 days, withdraw from it without giving any reason pursuant to the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2020, item 287 as amended).
- The period for withdrawal from the Sales Agreement shall run from the date on which the Seller has concluded the Sales Agreement.
- The period for withdrawal from the Sales Contract shall start from the moment the Goods are taken into possession by the Consumer or Entrepreneur with the rights of the Consumer. If the Consumer or Entrepreneur with the rights of the Consumer indicates a third party other than the carrier authorised to take possession of the Goods, the period for withdrawal from the Sales Contract shall start from the moment of taking possession of the Goods by this person.
- The period for withdrawal from the Sales Contract shall start from the moment of taking possession of the Goods by this person.
- The Consumer or Entrepreneur with the rights of the Consumer may withdraw from the Sales Contract by informing the Shop about his/her decision to withdraw from the contract by an unequivocal statement, for example, sent in writing to the address: Ubrane Aleksandra Górnicka, ul. Zamkowa 7, 44-300 Wodzisław Śląski or by e-mail to: kontakt@ubranesklep.pl.
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- The Customer may use the sample return form, which constitutes Attachment No. 2 to these Regulations, but it is not obligatory. In any case, the Customer may use the model withdrawal form available on the website of the Office of Competition and Consumer Protection at: https://prawakonsumenta.uokik.gov.pl/formularze/
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- To meet the deadline specified in paragraph 1, it is sufficient to send the statement of withdrawal before its expiry.
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- In the event of withdrawal from the Sales Contract, it shall be deemed not to have been concluded.
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- If the Consumer or Entrepreneur with the rights of the Consumer has made a declaration of withdrawal from the Sales Contract before the Seller has accepted his offer, the offer shall cease to be binding.
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- The Seller shall be obliged to return to the Consumer or Entrepreneur with Consumer's rights the payments made by the Consumer or Entrepreneur with Consumer's rights, except for the cost of delivery of the Goods, without delay, but not later than within 14 days from the date of receipt of the statement of withdrawal from the Sales Contract. The Seller shall refund the payment using the same method of payment used by the Consumer or Entrepreneur with Consumer's rights, unless the Consumer or Entrepreneur with Consumer's rights expressly agreed to a different method of refund, which does not involve any additional costs for the Seller.
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- If the Seller has not offered to collect the Goods from the Consumer or an Entrepreneur with Consumer rights, the Seller shall have the right to withhold reimbursement of the payment received from the Consumer until the earlier of receipt of the Goods back or provision by the Consumer or an Entrepreneur with Consumer rights of proof of their return.
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- In the case of a cash on delivery payment, the Seller shall refund the payment to the bank account number provided by the Consumer or Entrepreneur with the rights of the Consumer. If the Consumer or Entrepreneur with Consumer rights does not provide, as part of the return shipment, the bank account number to which the payment is to be refunded, the Seller shall contact him in order to establish this information.
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- If the Consumer or Entrepreneur with Consumer Rights exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur with Consumer Rights for the additional costs incurred by him. The cost of delivering the returned Goods to the Seller shall be borne by the Consumer or Entrepreneur with the rights of the Consumer.
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- The Consumer or Entrepreneur with the rights of the Consumer shall be obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline it is sufficient to send back the Goods before its expiry. The returned Goods should be sent by the Customer to the address: Balsam spółka z ograniczoną odpowiedzialnością, Ubrane Aleksandra Górnicka, 7 Zamkowa Street, 44-300 Wodzisław Śląski.
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- In case of withdrawal from the Sales Agreement, the Customer who is a Consumer or an Entrepreneur with the rights of a Consumer shall bear the direct costs of returning the Goods. Consequently, the Seller shall not be obliged to collect the parcel sent back cash on delivery and other parcels which involve the Seller's obligation to provide monetary performance.
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- The Consumer or Entrepreneur with the rights of the Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
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- The right of withdrawal shall not apply to the Consumer or an Entrepreneur with the rights of the Consumer in respect of, inter alia, contracts:
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- the provision of services for which the consumer is liable to pay the price, where the trader has performed the service in full with the consumer's prior and explicit consent, having been informed before the performance begins that, after the trader has provided the service, he will lose his right of withdrawal, and has acknowledged this; .
- where the price or remuneration depends on fluctuations in the financial market which are not under the trader's control and may occur before the end of the withdrawal period; .
- where the object of the performance is a non-refabricated good made to the consumer's specifications or intended to meet the consumer's individual needs; .
- where the object of the performance is goods which are perishable or have a short shelf life;
- where the object of the performance is goods which are perishable or have a short shelf life; .
- where the performance consists of goods supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery; .
- where the subject matter of the performance is goods which, once delivered, by their nature, become inseparably attached to other goods; .
- for the supply of digital content not supplied on a tangible medium for which the consumer is liable to pay the price, where the trader has begun the performance with the express and prior consent of the consumer, who has been informed before the performance begins that after the trader has supplied the performance, he will lose the right of withdrawal and has acknowledged this and the trader has provided the consumer with an acknowledgement. .
§ 11 Other services provided by electronic means
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- The Seller, in addition to enabling the conclusion of Sales Contracts through the Store in accordance with this Re .
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