Terms and Conditions
ONLINE STORE REGULATIONS
§ 1
General provisions
1. The Regulations define the terms and conditions for making purchases in the Ananice online store, operating at the website address: www.ananiceclothing.com, email address: [email protected], run by Krywałd Katex Sp. z o.o., ul. Zwycięstwa 28A, 44-193 Knurów, NIP: 7540336977, REGON: 530620347, registered in the Register of Entrepreneurs of the National Court Register by the District Court in Gliwice, XX Commercial Division of the National Court Register under KRS number: 0000033628.
2. The Regulations also contain information that the Seller is obliged to provide to the Consumer and to the Privileged Entrepreneur on consumer rights in accordance with applicable regulations, including the Act of May 30, 2014 on consumer rights.
3. The terms used in the regulations have the following meanings:
a) Customer – a physical person using the Store’s services who is 18 years of age and has full legal capacity, a legal person and an organizational unit without legal personality, but able to acquire rights and incur liabilities on its own behalf, residing or having its registered office in the territory of the European Union (excluding Poland). A customer may also be a person who is 13 years of age, but under 18 years of age, to the extent that he can acquire rights and incur liabilities, in accordance with the provisions of generally applicable law.
b) Consumer – a physical person who performs a legal transaction (purchase) with the entrepreneur (Seller) not directly related to its business or professional activity;
c) Account – an electronic service, marked with an individual name (login) and password provided by the Customer, a collection of resources in the Seller’s ICT system, in which the data provided by the Customer and information on activities within the Store are collected;
d) Newsletter – an electronic distribution service provided by the Seller via e-mail, which allows all customers using it to automatically receive cyclical messages (newsletters) from the Seller containing information about the Store, including new products or promotions in the Store;
e) Privileged entrepreneur – a physical person concluding a Sales Agreement directly related to its business activity, when the content of this Agreement shows that it does not have a professional nature for it, resulting in particular from the subject of its business activity (in accordance with Article 38a of the Act on consumer);
f) Regulations – these regulations specifying the terms and conditions of sale in the Seller’s online store;
g) Store – website, which is a platform for placing Orders, located at www.ananiceclothing.com;
h) Seller – Krywałd Katex Sp. z o.o., ul. Zwycięstwa 28A, 44-193 Knurów, NIP: 7540336977, REGON: 530620347;
i) Goods – an item of sale (a movable item) for which an order can be placed via the Store;
j) Sales Agreement – a contract for the sale of the Goods concluded between the Seller and the Customer, under which the Seller sells the Goods specified in the Order to the Customer, and the Customer undertakes to pay the Seller the price of the Goods, plus shipping costs, on the terms set out in the Regulations, which becomes an integral part of the sales contract;
k) Electronic service – a service within the meaning of the Act of 18 July 2002 on the provision of electronic services provided electronically by the Seller to the Customer via the Store, in particular the Store, Account and Newsletter;
l) User – a customer who has an Account made available as part of the Store;
m) Order – an offer to conclude a contract for the sale of the Goods indicated therein, submitted by the Customer to the Seller via the Store or otherwise specified in the Regulations.
§ 2
Placing orders
1. Orders placed by customers are accepted 24 hours a day, 7 days a week.
2. In order to make a purchase in the Store, the Customer places an Order via the form available on the Store’s website.
3. Placing an order takes place by selecting the Goods, adding them to the basket, providing the necessary data, choosing the form of payment and delivery, submitting the statements referred to in paragraph 5 and confirming the order by clicking the ‘Buy and pay’ button and making the payment.
4. During the ordering procedure, the Customer must provide the required data allowing verification of the Customer and, if necessary, the recipient of the Goods, which are true and consistent with reality.
5. The customer must agree to the content and terms of the Regulations, and may also consent to receive commercial information, while providing his e-mail address (newsletter service) and/or telephone number.
6. The store confirms the acceptance of the order by e-mail. The store has the right to refuse to accept an order when it raises justified doubts as to the truthfulness and reliability of the data provided or the method of payment.
7. The information on the Store’s website does not constitute an offer within the meaning of the Civil Code. By placing an order, the customer submits an offer to purchase a specific product. The conclusion of the sales contract takes place when the Seller confirms the effective placement of the order by the Customer, including its payment.
8. As a result of the conclusion of the Sales Agreement, the Seller undertakes to transfer to the Customer the ownership of the goods ordered in the Store and the Customer to collect the ordered goods. The goods will be delivered within the territory of the European Union (excluding Poland).
9. The parties to the sales contract are bound by the information contained in the description of the Goods on the Store’s website at the time of placing the order, in particular: price, characteristics of the goods, its features, elements included in the set, date and method of delivery.
10. The customer can choose the payment methods specified in the Payment Methods tab.
11. The delivery costs are specified in the delivery price list.
12. The condition for the release of the goods is payment for the goods and delivery costs.
13. The Seller reserves the right to carry out maintenance or modernization works on the Store’s system, which may cause temporary difficulties or prevent customers from using the Store.
§ 3
Principles of order fulfillment
1. The ordered Goods are shipped by the Seller via one of the available delivery methods, according to the Customer’s choice.
2. The order completion date is counted from the date of receipt/putting down of the Seller’s payment.
§ 4
Rules for making settlements
1. The prices of the Goods and delivery costs available in the Store are given in euro and include the tax on goods and services (VAT) at the currently applicable in Poland rate, therefore they are gross prices.
2. All payments made to the Seller for the purchased Goods and delivery costs take place via:
a) the PayPal internet payment system;
3. All refunds to the Customer are made using the same payment methods that were used by the Customer selected when placing the Order.
4. The seller does not take any responsibility for any problems with making the payment caused by the internet payment system or the bank.
§ 5
Account
1. Each client is entitled and has the option of creating an individual user account. Creating an Account allows you to make purchases easier, without the need to provide the necessary data each time, allows you to view the history of orders, and a simplified procedure for returning purchased Goods.
2. In order to set up an individual user account, it is necessary to register using a special form available on the Store’s website.
3. During registration, it is necessary to provide the following personal data:
a) name and surname;
b) address of residence;
c) correspondence address, if different from the address provided;
d) number of identity card or passport
e) e-mail address
f) contact telephone number;
4. In the case of registration, the Customer must submit the following statements/consent:
a) a statement that he has read and accepts the content of these regulations;
b) statement on reading and accepting the privacy and cookies policy;
c) a statement that the data provided by him is complete and truthful;
d) consent to the processing of personal data;
5. A link enabling the verification of the Account will be sent to the Customer’s e-mail address provided by him in the Account registration process. Logging in to the Account consists of entering the login and password set by the Customer.
6. The User is obliged to observe the confidentiality rules regarding his login and password to the Account, i.e. such action that will limit the possibility of obtaining access data and the use of the Account by a third party.
7. In the event of a justified suspicion that the provided personal data is false or that the account is used by a person other than the User, the organizer reserves the right to block access to the portal until the doubts are clarified.
8. If it is suspected that a third party has obtained a login and password for the Account and has a potential ability to use the Account, the User should immediately report this fact to the e-mail address [email protected] or by phone 004869139445.
9. Each Client may only set up one Account.
§ 6
Electronic services provided by the Seller
1. The Seller may provide the following electronic services to the Customers:
a) Store;
b) Account;
c) Newsletter
2. Detailed rules for the operation of the Store and the Account are set out in § 2 – § 5 of these Regulations.
3. The Seller may provide the Newsletter service to the Customers after prior consent of the Customer. The use of the Newsletter does not require the Account to be registered by the Customer, but requires the provision of an e-mail address which is equivalent to the acceptance of the Regulations and consent to the processing of personal data, and to the provision of commercial information.
4. The Customer may opt out of receiving the Newsletter by clicking on the link in each Newsletter sent and confirming the resignation.
§ 7
Withdrawal from the contract and return of the Goods
1. The Customer who is a Consumer or Privileged Entrepreneur has the right to withdraw from the Sales Agreement within 14 days from the date of receipt of the Goods, without giving any reason. The deadline for withdrawing from the contract expires after 14 days from the date of receipt of the Goods.
2. The right to withdraw from the Sales Agreement is not entitled to the Customer referred to in paragraph 1, with regard to sales contracts relating to the products referred to in Art. 38 of the Act of 30 May 2014 on consumer rights, in particular where the subject of the service is a non-prefabricated item, manufactured according to the specifications of the customer or serving to satisfy his individual needs. The above applies in particular to clothing with personalized prints.
3. The customer referred to in paragraph 1, may withdraw from the contract by submitting a declaration of withdrawal from the Sales Agreement to the Seller. The right to withdraw from the Sales Agreement is effective if the Customer submits to the Seller, within 14 days from the date of receipt of the Goods, a declaration of withdrawal from the Sales Agreement.
4. Submission of the declaration referred to in sec. 3 above, takes place by completing the relevant declaration of withdrawal from the contract, available on the Store’s website. The statement may be submitted electronically by sending an e-mail, the content of which will correspond to the content contained in the model declaration of withdrawal from the contract (copying the content of the statement to the e-mail), to the e-mail address [email protected], as well as by sending a signed scan, sending a declaration with an electronic signature or sending a signed declaration by traditional mail.
5. The Seller shall immediately, but not later than within 14 days from the date of receipt of the declaration of withdrawal from the Sales Agreement, return to the Customer all payments made by him, including the costs of delivering the goods (subject to paragraph 6 below). The reimbursement is made to the bank account number provided by the customer, to which the customer agrees. The Seller may withhold the reimbursement of payments received from the Customer until the Goods are returned and checked.
6. The amount returned by the Store also includes the costs of shipping the purchased Goods incurred by the Customer, with the proviso that if the Customer chose a delivery method other than the cheapest standard delivery method offered by the Store, the Store is not obliged to refund the Customer incurred by him. additional costs.
7. The client referred to in sec. 1, is obliged to return the Goods to the Seller immediately, but not later than 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is enough to return the Goods before the deadline referred to above.
8. The Goods are returned by sending them to the Seller’s address: Krywałd Katex Sp. z o.o., ul. Zwycięstwa 28A, 44-193 Knurów, Poland.
9. The returned Goods should be unused and have original tags attached to them.
10. The Customer is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
11. The costs of returning the Goods are covered by the Customer.
§ 8
Complaint Procedure
1. The Seller is obliged to provide the Customer with the Goods without defects.
2. In the event of non-compliance of the Goods with the contract, the Customer, in order to exercise the rights under the warranty, should send to the Seller’s address: Krywałd Katex Sp. z o.o., ul. Zwycięstwa 28A, 44-193 Knurów, Poland the goods under complaint together with a complaint notification containing a description of non-compliance. If the defect was discovered immediately after the Customer received the Goods, it should be returned intact, together with the tags.
3. The basis for the complaint is the proof of purchase of the Goods.
4. The Store will respond to the Customer’s complaint within 14 working days from the moment of returning the goods along with the complaint.
5. When the implementation of a justified complaint involves sending a new product to the Customer or removing non-compliance, the delivery costs are covered by the Store.
6. Individual settings of the Customer’s computer and monitor causing incorrect or distorted display of information about the goods (eg colors) cannot be the basis for the complaint.
§ 9
Privacy protection
1. By placing an order, the Customer agrees to the processing of his personal data only for the purpose of executing the order.
2. The Customer may also express a separate consent to receive advertising and promotional materials, including a commercial newsletter, from the Store.
3. The customer has the right to access their personal data and correct them, request the cessation of their processing and object to their processing.
4. Detailed provisions on the protection of privacy can be found in the Privacy Policy, available on the Store’s website.
§ 10
Intellectual property
It is forbidden to use any materials published on the Store’s website (including photos and descriptions of goods) without the Store’s written consent.
§ 11
Entry into force and changes to the Regulations
1. These Regulations come into force on 15/06/2021.
2. The Seller honors all rights of Customers provided for in the provisions of applicable law. The provisions of these Regulations are not intended to limit or exclude any rights of customers under the law. In matters not covered by these Regulations, the provisions of the Civil Code, as well as the Act of May 30, 2014 on consumer rights and other laws shall apply.
3. Any disputes related to the Order, Goods, Sales Agreement, the operation of the Store, the Seller’s activities or arising in connection with these Regulations will be considered by common or administrative courts competent under applicable law.
4. The Seller is entitled to amend the Regulations, in particular with regard to adjusting its provisions to generally applicable provisions of law. Orders placed before the entry into force of the amendments to the Regulations will be implemented according to the current rules.
5. Amendments to the Regulations come into force after 14 days from the date of their publication on the Store’s website.
6. These Regulations are available free of charge on the Store’s website at www.ananicecothing.com. The Regulations are available on the above-mentioned website in a form that enables the acquisition, playback and recording of the content of these Regulations using the ICT system used by the Customer.
7. If any court or other competent authority decides that any provision of these Regulations is illegal or invalid, the remaining provisions shall remain in full force and effect.