INTERNET SHOP TERMS AND CONDITIONS

Waisted

These Terms and Conditions is established based on Art. 8 par. 1 pt. 1 of Act of 18th July 2002 on electronically provided services (Polish Office Journal of 2002, no. 144, pos. 1204 as amended) and Art. 8 and following Articles of Act of 30th May 2014 on consumer rights (Polish Office Journal of 2014, pos. 827 as amended). These Terms and Conditions are made available to Customer for free via website www.waisted.eu, which ensures the possibility to familiarise with their contents before concluding an agreement.

Internet shop is run by company Waisted Jarosław Bryl (hereinafter also referred to as “Seller”).

Customer can contact Seller through electronic mail: contact@waisted.eu, telephone: +48667341511, or contact form on website www.waisted.eu, as well as in writing on address: os. Tysiąclecia 5/2, 61-255 Poznań, Polska, NIP number 9721171251.

Terms and definitions:

Shop - Internet shop run by Seller that sells Products on a distance via Internet, including through websites.
Product page - website page, on which is presented information on the subject of products included in Shop’s assortment.
Business days - week days from Monday to Friday with the exclusion of public holidays.
Customer - natural or legal person or organisational unit without legal personality that makes purchases in the Shop.
Consumer - Customer who is a natural person and carries out a legal activity with entrepreneur (including a Product purchase) that is not related directly to its commercial or professional activity.
Online transfer - payment done by Customer from online bank account through online payment systems.
Entity executing payment - an entity that is external in relation to Seller and mediates in the execution of payment via bank transfer or payment using payment card or credit card.
Product - chattel included in the assortment available on Product page, in particular clothing and goods.

I

General provisions

  • These Terms and Conditions determine the rules of using the Shop, submitting orders for Products available in the Shop, delivering ordered Products to Customer, paying Product sale prices by Customer, Customer’s right to cancel an order and to withdraw from an agreement, and rules of submitting and reviewing complaints.
  • The Shop’s business activity is the sale of Products currently included in assortment and allowing Customer to submit offers for Products located on Shop’s Product pages. Offers can be submitted by placing an order on website by both registered website users and unregistered entities after prior filling of order form, including providing delivery address, data necessary to correctly issue issue receipt for for selected payment method, and selecting ordered Product.
  • Any natural or legal person or organisational unit without legal personality can be a Customer.
  • Sale is carried out between Customer submitting offer as a buyer and Seller through Internet.
  • Each Customer making purchase of Products offered by the Shop is obliged to familiarise with the contents of these Terms and Conditions.

II

Technical conditions of placing orders

  • A technical condition for using the Shop functionality is possessing a correctly operating device that allows to access Internet and current, active, and correctly configured electronic mail account.
  • To use www.waisted.eu website, including browsing website’s assortment and place orders for Products, it is necessary to possess:
    • Personal Computer or similar device with access to Internet network and Internet browser such as: Internet Explorer, Google Chrome, Mozilla Firefox, Opera, or Safari;
    • active electronic mail (e-mail) account;
    • active Cookies and Java Script services.
  • In case when Customer uses equipment or software that does not meet the technical requirements determined above, Seller does not guarantee the correctness of website operation and stipulates that it may have a negative influence on quality and progress of order placement procedure.
  • Delivering unlawful contents to Customer is forbidden. In case when Seller receives an official notice or reliable message about unlawful nature of stored data provided by Customer, Seller can prevent access to the said data. In such case Seller is not responsible for violations resulting from reasons attributable to Customer.

III

Registration

  • Seller may allow users to register on a website.
  • In order to register in the Shop, it is necessary to fill a registration form by providing name and surname, address, e-mail address (which simultaneously is login to the Shop), passwords, approve Terms and Conditions, and submit required declarations.
  • Registration in the Shop and using Internet Shop functionality are free.
  • After registering in the Shop, each log in is carried out using data provided in registration form.
  • Customer’s account in the Shop can be deleted by sending an electronic message with request to delete account on address contact@waisted.eu.
  • Account registration is not required to place an order in the Shop. However, Seller may implement determined discounts and contests for registered Customers.

IV

Orders

  • Information about assortment available in the Shop constitute as an invitation to conclude an agreement in the meaning of Art. 71 of Civil Code.
  • Orders from Customers are accepted 7 day a week and 24 hours per day.
  • To place an order using form located on website, Customer should: select Product that is the subject of order located on Product page (in case of certain Products it is necessary to select size) and then press “Add to cart” button, select form of delivery of selected Product, fill out order form, select payment method for ordered Product, write other important information in field REMARKS, and confirm order by pressing “Order and Pay” button. Customer places an order by pressing button “Order and Pay”.
  • Each order will be confirmed by Seller by sending to Customer a document that confirms the price and conditions of purchase. Confirmation will be sent to electronic mail address provided by Customer.
  • Order acceptance confirmation sent by Seller to e-mail address provided by Customer constitutes as a declaration of approving aforementioned offer.
  • In case of unavailability of Products covered by order in warehouse, at Shop’s suppliers, or for other reasons, and lack of possibility to execute Customer’s order, Seller will inform Customer about this fact within 14 (fourteen) days from order placement date. In such case Customer has the right to decide whether he accepts to execute order in period proposed by Customer or withdraws from agreement. In the event of withdrawal from agreement Seller will return to Customer amount paid by him in relation to the conclusion of agreement. Notification will be sent on e-mail address provided by Customer in order form. Above provisions do not restrict in any way possibility to use right to withdraw from agreement mentioned in Section VII of Terms and Conditions.
  • Order can be delivered according to Customer’s choice: via courier company.

V

Price of Products and payment methods

  • Price provided next to each Product is binding at the moment of Customer placing an order. Price includes VAT tax (in current rate) and does not cover delivery costs.
  • Product delivery is carried out in a way chosen by Customer and determined in order. Information about delivery costs is available on Product page.
  • Delivery costs will be added to price depending on Customer’s choice regarding delivery method when an order is placed.
  • Before order is executed, Customer will see the total amount that he will have to pay in relation to placed order along with any additional costs, including delivery costs.
  • Seller reserves the right to make ongoing changes in Product prices and to execute and cancel any type of promotional actions and sales. The right mentioned in previous sentence has no influence on orders placed before the date of price change coming into force and conditions of promotional actions or sales.
  • Payment for ordered Products can be carried out in the following forms:
    • online transfer in one of electronic payment systems accepted by the Shop - order is executed after the Shop receives a confirmation of correct execution of operation from payment operator.
    • bank transfer - in such case order is executed after a payment is entered on Seller’s account, where Customer should make payment within 7 days from the date of placing order in the Shop under the pain of leaving order unprocessed and returning of possibly paid funds.
  • Orders with delivery outside of the territory of Poland can be paid only with online transfer in one of electronic payment systems accepted by the Shop. Order execution commences after Seller receives a confirmation of correct execution of operation from payment operator.
  • In case when no payment is done in the form of online transfer in one of electronic payment systems accepted by the Shop directly after an order is placed and Customer is sent by website to Internet page of entity executing payment, the sale agreement is considered as cancelled.
  • Product will be issued in a time period determined in order confirmation, but no later than within 30 (thirty) day from agreement conclusion date, where the Product issuance will depend on Customer making payment. Customer will be immediately informed on electronic mail address provided by him about any obstacles influencing the order execution time. Seller will contact Customer if Product issuance would occur in a time period longer than 30 days. In such case parties can determine a new execution date or Consumer can withdraw from agreement.

VI

Complaints

  • Seller is obliged to issue a Product without defects. This means that Product:
    • has properties that an item of this type should possess due to goal in agreement marked or resulting from circumstances and intended use;
    • has properties about which Seller ensured buyer, including presenting a sample of template;
    • is suitable for purpose about which Customer has informed Seller when concluding agreement and Seller has not submitted any objections regarding such intended use;
    • was issued to Customer in a complete condition.
  • In case of conclusion that delivered Product is defective, Consumer may use rights granted to him by Seller for warranty. Seller’s responsibility towards Customer who is not a Consumer is limited to the amount of price paid by Customer.
  • Customer should inform Seller about observed defects. If it will be necessary to sent Product back to Shop, Seller will inform Consumer about that fact within 14 days from complaint submission date. Product sent back should be attached proof of purchase and complaint description. Complaint can be submitted in electronic form on address contact@waisted.eu or in written form on Shop’s address. Complaint should contain in particular a description of problem that is the basis of complaint and electronic mail address or other correspondence address of Customer submitting complaint.
  • Consumer may submit a declaration about price reduction or withdrawal from agreement unless Seller will immediately and without excessive inconveniences for Consumer replace defective item with item without defects or will remove the defect. The above does not concern a situation when item was already replaced or repaired by Seller or when Seller did not comply with obligation replace item to one without defects or remove the defect.
  • Instead of defect removal proposed by Seller, Consumer can request replacement of item to one without defects or instead of replacement request defect removal unless making item in line with agreement in a way selected by Seller is impossible or would require excessive costs in comparison to method proposed by Seller.
  • Reduced price should remain in such a proportion towards price resulting from agreement, in which value of an item with defect remains towards value of an item without defect. Consumer cannot withdraw from agreement if the defect is insignificant.
  • Seller will immediately, but no later than within 14 days from date of receiving package with Product covered by complaint, state his opinion regarding submitted complaint and will inform Customer about further proceeding. Seller will immediately inform Customer submitting a complaint about the result of complaint handling in writing or via electronic mail on electronic mail address provided in submission.
  • A civil law dispute between Consumer and Seller for sold Product can be resolved by reconciliation by way of extra-judicial proceeding regarding resolving consumer disputes or in front of arbitral tribunal run next to Voivodeship Commercial Inspection Authority. Consumers may also attempt to resolve disputes using Online Dispute Resolution (ODR) platform (electronic link to ODR platform: ec.europa.eu/odr). In addition, Consumer may pursue claims related to Agreement by way of judicial proceeding.

VII

Right to withdraw from agreement without providing a reason

  • According to Act of 30th May 2014 on consumer rights (Polish Office Journal of 2014, pos. 827 as amended), Consumer may withdraw from agreement without providing a reason within 14 days from package pick up date. Consumer should submit a declaration about withdrawal from agreement and return Product to the Shop. In order to submit a declaration about withdrawal from agreement, Consumer may use agreement withdrawal form listed under Terms and Conditions. However, it is not obligatory. Date is considered as kept if Consumer will send declaration about withdrawal in written form on Seller’s address at the latest on the last day of 14-day period. After receiving declaration about withdrawal, Seller will immediately confirm reception by sending information on Consumer’s Internet mail address.
  • Products should be returned in unchanged condition unless the change was necessary within normal management, i.e. Consumer should handle Product while taking into account the necessity of its possible later return. Consumer is responsible for the reduction of value of items that results from using them in a way exceeding the method necessary to state nature, features, and operation of items.
  • Consumer’s right to withdraw from agreement is not granted if the subject of service is non-prefabricated item manufactured according to Consumer’s specifications or used to cater to his individualised needs.
  • Returned Product should be sent within 14 days from withdrawal.
  • Shop executes refund for returned Product immediately (no later than within 14 days) with the reservation of rules described in Section VIII of Terms and Conditions “Reimbursement”.
  • Product return costs burden Consumer if he uses the right to withdraw from sale agreement that results from this Section with the exception of situation, in which the return is carried out due to the inconsistency of delivered Products in relation to Order or in case of damaged Product.

VIII

Refund

  • In the event of occurrence of circumstances obliging Seller to return prepayment paid by Customer for Seller’s benefit, the said return will be carried out within 14 days. However, Seller can halt refund until Customer presents a proof of sending Product back.
  • Refund of payments done using payment card or online transfer is done to the bank account, from which payment was transferred.
  • Refund of payments done at pick up or when for reasons not attributable to Seller the identification of bank account, from which payment was transferred, is impossible, the refund will be transferred to bank account indicated by Customer after he is called to send number of said bank account. If there is no such possibility, refund will be carried out via postal order.
  • Seller is not responsible for failure to make a refund or its delay if it was caused by Customer providing incorrect personal data (full name and address) or incorrect bank account number.

IX

Personal data protection

  • Seller is the Administrator of personal data. Seller processes personal data only to carry out agreement unless Customer will submit an additional declaration. Customer provides personal data voluntarily, however, lack of permission to process data prevents the execution of order by Seller. Customer is responsible for providing incorrect personal data.
  • Administrator’s contact data are located on the first page of Terms and Conditions.
  • Administrator processes data indicated by Customers during registration, as well as data filled in Customer’s panel, i.e. name, surname, place of residence, telephone number, and e-mail address.
  • Administrator processes personal data of Customers in order to:
    • execute services resulting from concluded agreement for providing electronic services (legal basis – Art. 6 par. 1 let. b of GDPR – agreement execution);
    • sell Products (legal basis – Art. 6 par. 1 let. b of GDPR – agreement execution);
    • recover debts (legal basis – Art. 6 par. 1 let. f of GDPR – legitimate business);
    • protect against Customer claims (legal basis – Art. 6 par. 1 let. f of GDPR – legitimate business);
    • advertise own services and Products (legal basis – Art. 6 par. 1 let. f of GDPR – legitimate business);
    • service complaints (legal basis – Art. 6 par. 1 let. b of GDPR – agreement execution);
    • issue invoices and accept payments (legal basis – Art. 6 par. 1 let. b and c of GDPR – agreement execution and fulfilment of legal duty);
    • execute Customer requests (legal basis – Art. 6 par. 1 let. b of GDPR – agreement execution);
    • make a telephone contact on telephone number provided in form for direct marketing purposes (legal basis – Art. 6 par. 1 let. a of GDPR in relation to Art. 172 of Act – Telecommunications Law – consent);
    • send commercial information in the scope of services and Products to e-mail address provided in form (legal basis – Art. 6 par. 1 let. a of GDPR in relation to Art. 10 par. 2 of Act on providing services by electronic means – consent);
  • Recipients of personal data are Administrator’s employees, agents, and commercial representatives, as well as accountancy office and couriers.
  • Data storage period:
    • in the scope of data included in registration form – data are stored for the whole period of account being registered on website;
    • in the scope of data included in agreement and other carriers – data are stored for the whole duration of agreement, period allowing to pursue claims (3 years from agreement termination date), and period necessary to defend against claims made against us (10 years provided that in the case of implementing an amendment this period will amount to 6 years from agreement termination date);
    • in the scope of data included on invoices/receipts – data are stored for 5 years from the end of financial year according to requirements of Law provisions.
  • Administrator ensures that he uses appropriate technical and organisational conditions that guarantee safety of processed personal data against revealing.
  • In cases justified by provisions of Law, Customer is entitled to request from Administrator access to his personal data, correct them, remove them or limit their processing, and object against their processing, as well as data transfer. In addition, Customer is entitled to withdraw agreement and lodge a claim with supervisory authority.
  • Customer provides personal data voluntarily, however, Services cannot be provided without personal data and therefore Product sale agreement cannot be concluded.

X

Final provisions

  • Sale agreement is concluded between Customer and Seller.
  • Seller is not responsible for errors in handling order or other Customer instructions resulting from Customer providing incorrect data.
  • Disputes occurring between Customer and Seller will be resolved by the appropriate court for the Seller's headquarters with restriction that in relation to Consumers such disputes will be heard in front of appropriate court according to the provisions of universally applicable Law.
  • On matters not covered in these Terms and Conditions are applicable provisions of Polish Law, in particular Civil Code and Act on Consumer Rights.
  • These Terms and Conditions are valid from June 1st 2018.
  • Seller reserves the right to change Terms and Conditions. Changes done to Terms and Conditions do not violate acquired rights of Customers.

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