Regulations of the Silk Epoque Online Store by Olga Ziemann
- The https://silk-epoque.com online store is run by Olga Ziemann running a business under the name of “Silk Epoque Olga Ziemann” ul. Świerkowa 2, 83–330 Glincz (Poland), NIP: 583-299-00-79, REGON: 363107917.
- The terms used in the regulations mean:
• Working days – days of the week from Monday to Friday, excluding days statutorily free from work,
• Client – a natural person, legal person or organizational unit without legal personality but having legal capacity, using the Online Store,
• Consumer – a customer who is a natural person, making with the Seller a legal transaction not related directly to its business activity or professional activity,
• Shopping Cart – a function of the Online Store that enables displaying products selected by the Customer for purchase, as well as introduction and modification of order data before placing the order for purchase,
§2 Using the Online Store
- To browse the websites of the Online Store, it is necessary to have an end device with access to the Internet and a web browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in the current version. To use some of the Store’s Internet functions, including registration in the Online Store, as well as submitting orders for products, an active e-mail account is required.
- The Customer is also obliged to refrain from doing anything or performing any activity that could have a negative impact on the proper functioning of the Online Store or using it for purposes contrary to its intended use. It is forbidden for customers to provide illegal content, violating the law or good manners.
- Information about products available on the Online Store constitutes an invitation to conclude a Contract within the meaning of art. 71 of the Civil Code. Submitting an order by the Customer means submitting an offer to conclude a sale (purchase) Contract of the ordered product. Confirmation of such an order accepted by the Seller is a declaration of acceptance of the offer. Confirmation of receipt of the order by the Seller (listing all relevant ingredients of the order or orders) is made by sending an e-mail to the Customer. In the absence of confirmation by the Seller of the order within 7 days the Contract is not concluded – all payments made are immediately returned to the Customer.
- Orders can be placed via the Online Store for 7 days per week, 24 hours a day, after registering in accordance with these Regulations or after providing the necessary personal and address data enabling the execution of the order without registering.
- The prices of the products indicated on the Online Store website include taxes, e.g. including Value Added Tax (VAT tax).
- Prices do not include delivery costs. The cost of delivery depends on the method of delivery of the ordered goods. The Consumer chooses the method of delivery during the submission of his/her orders. The total amount of the purchase, including the price of the product, how many items of each product as well as the shipping costs and other costs are indicated in the Cart before placing an order by the Customer.
- The seller may introduce discounts for registered Customers, carry out promotional campaigns, give discount codes and perform sales separately from the specified rules for a specified period of time, until the stock of the promotional products is exhausted or until further notice. Discount codes have a validity period, in during which the Customer can take advantage of the offered discount. No discount code can be combined with any other discount or rebate code nor with any other promotions, unless the Regulations of a given promotion state otherwise.
- In the event that the subject of the order covered by a promotion or discount is a promotional package or set, the right to withdraw from the contract referred to in §7 may only apply to the entire package or promotional kit (there is not available the possibility of resignation from individual products included in the package or promotional kit).
- To register in the Online Store, complete the online form registration, providing name and surname (nickname optional), e-mail address and password, and also read the provisions of these Regulations. After completing and sending the registration form by the Customer, that Customer will be sent a confirmation of registration to the address provided by the Customer.
- Registration in the Online Store creates a Customer account and allows you to:
-shop (purchase goods) on the Online Store,
-view your order history,
-take part in a loyalty programs,
-participation in promotions intended only for Users with a customer registered account.
- Registration on the Online Store as well as the use of the functions of the Online Store is free of charge. Registration means the conclusion of the Contract for the provision of electronic services by the Customer and the Seller, consisting of maintaining the Customer’s account, on the terms set out in these Regulations.
- Logging in (to the Online Store) by the Customer takes place using the data provided in the Registration form or by using the subsequently changed account settings of the Customer’s account by the Customer.
- The account created as a result of registration is kept for the Customer for an Indefinite period of time. The customer may opt out of maintaining an account on the Internet Store and request its removal at any time. Due to resignation, no fees are charged for deleting an account. The account is deleted immediately and this means the termination of the Contract for the provision of services by the Customer by electronic means, the subject of which is keeping the Customer’s account. A Customer account can be removed via the Customer’s panel without contacting the Seller.
- The Seller is entitled to block the Customer’s account in cases provided for in generally applicable laws and in the case of:
• violation of third party rights, third party rights or rules of social coexistence,
• repeated (at least two times) breach of the provisions of these Regulations by the Customer.
- Blocking the account means the immediate termination of the Contract with the Customer for the provision of services by electronic means.
- If the Customer chooses to pay for the order in advance (bank transfer), the Customer is obliged to pay the full price for the ordered products, including costs of delivery, no later than within 7 days from the date of receipt by the Customer of his order confirmation. In the case of a lack of payment for the order, the Customer is sent an e-mail with the information regarding the lack of payment.If the order is not paid within 7 days by the Customer (from the date of receipt of the confirmation of acceptance) then such an order is canceled.
- The Seller allows the Customer to make the payment in the following way:
• by bank transfer to the Seller’s bank account,
• cash on delivery, i.e. pay the delivery fee when collecting the order from the courier,
- A bank transfer should be made to the following bank account:
Santander Bank Polska S.A. 15 1090 1102 0000 0001 3696 3542.
- For foreign transfers:
Santander Bank Polska S.A. PL56109011020000000136963580
§4 Delivery of orders
- The Seller carries out the delivery within the territory of the European Union,
- The Seller provides the following methods of delivery of the goods (including appropriate payment methods):
- Courier Fedex – within the territory of the Republic of Poland (bank transfer, cash on delivery),
- UPS courier – within the European Union, outside the territory of the Republic of Poland (bank transfer)
- The Seller specifies the order fulfillment time for the products. The term in days means working days (unless otherwise stated), counted from the date of receipt of the full payment for the order (bank transfer).
- For pre-orders or orders upon request: The Buyers’ order fulfillment begins on the day of purchase or the date specified by the Seller indicated on the webpage/website of a given product or service. In the event of a change to the date specified when ordering, in particular a shift in the date of a premiere of a product by the manufacturer, in such a case, the Customer is informed of the above fact and a new delivery date is sent to the email address provided with the order.
- If products with different delivery times are ordered, the delivery takes place on the time implementation of products with the longest waiting time (after completing the entire orders).
- Costs of delivery of goods are: Fedex courier – 20 PLN, UPS courier – 22 EUR.
The Seller is obliged to deliver the goods without defects. Responsibility including the scope of the defects is governed by the provisions set out in Art. 556 et seq. of the Civil Code. If the sold goods have a defect.
- The Customer may submit a declaration of price reduction or withdrawal from the Contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective item with a non-defective one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller, or the Seller did not satisfy the obligation to replace the item with one free from defects or did not remove the said defect.
- A Customer who is a consumer, may instead of -suggested by the Seller-to remove the defect, demand replacement of the item with one free from defects or instead of replacement items, demand that the defect be removed, unless bringing the items into compliance with the Contract in the manner chosen by the Client is impossible or would require excessive cost compared to the method proposed by the Seller. When assessing the excess of costs, the value of the item is taken into account free from defects, the nature and significance of the defect found and the inconvenience is taken into account to which the buyer would otherwise be satisfied.
- The reduced price should remain in such proportion to the price resulting from Contracts in which the value of the defective item is equal to the value of the item without a defect.
- The Buyer may not withdraw from the Contract if the defect is irrelevant.
- A claim under the warranty may be submitted as follows:
• in writing to the Seller’s address: Silk Epoque Olga Ziemann ul. Świerkowa 2, 83–330 Glincz (Poland), in the form of an email to the following email address: email@example.com
- In the complaint, in order to handle it as quickly as possible, please provide: name and surname, correspondence address, email address, telephone number, data related to the advertised goods (product specification, date of purchase and / or number of the order), description of the defect in the goods, claim under the warranty rights resulting from the Civil Code.
- The complaint shall be considered within 14 days from the date of its receipt by the Seller. If the Customer who is a consumer requested the exchange of items or the removal of the defect or made a statement on price reduction, specifying the amount which the price is to be lowered, and the Seller did not respond to this request within 14 days, it is considered that the request was considered justified.
- Any returns of goods should be sent in a manner agreed with the Seller to the address: Silk Epoque Olga Ziemann ul. Świerkowa 2, 83–330 Glincz (Poland).
Products may be covered by a warranty provided by the manufacturer, distributor or by another entity (the guarantor). The warranty rights must be exercised in accordance with the conditions set out in the warranty card or statement of the guarantor’s warranty.
- The warranty does not exclude, limit or suspend the Customer’s rights resulting from the provisions in the warranty for defects in the sold goods referred to in §5.
- For a product for which the manufacturer, distributor or other guarantor has provided guarantee, the Customer may use the rights resulting from the granted by submitting an official complaint of the product directly to the guarantor or using the rights he is entitled to -in relation to the Seller- under the warranty in accordance with §5.
§7 The right to withdraw from the Contract
- A consumer who has concluded a distance Contract may withdraw from the Contract within 14 days without giving a reason and at no cost, except for costs specified in §7, points 7-8. To meet the deadline, it is enough to send statements before its expiry time. A declaration of withdrawal from the Contract can be submitted in electronic form to the following Internet address: firstname.lastname@example.org or in writing to the address: Silk Epoque Olga Ziemann ul. Świerkowa 2, 83–330 Glincz (Poland).
- The period for withdrawal from the Contract begins:
- For the Contract, in the performance of which the Seller issues the goods, being obliged to transfer of its ownership – from taking the goods into possession by the Consumer or a third party designated by him, other than the carrier,
- For a Contract that includes multiple goods that are delivered separately in batches or in parts – from taking possession of the last piece of goods, batch or part; and for a Contract, which consists in regular delivery of items for a specified period from taking possession of the first item of the said delivered goods.
- For other Contracts – from the date of the Contract.
- In the event of withdrawal from a distance Contract, the said Contract is considered to be Invalid if the Consumer submitted a declaration of withdrawal from the Contract before the Seller accepted his offer. In such a case, the offer ceases to be binding.
- The Seller is obliged to immediately, not later than within 14 days from the receipt date of the Consumer’s statement on withdrawal from the Contract, return to the Consumer all payments made by him, including delivery costs of the goods (except for additional costs resulting from the selected by the Consumer delivery method other than the cheapest standard delivery method available on the Online Store). The Seller refunds the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of the return that does not create additional extra costs for the Consumer and Seller. If the Seller has not offered to pick up the goods himself from the Consumer, then the Seller may withhold the reimbursement of payments received from the Consumer until the Seller has physically received the returned goods or until the Seller has received the receipt of the goods being sent back to him or until receiving proof of delivery of the returned goods by the Consumer, depending on which event occurs earlier.
- The Consumer is obliged to return the goods to the Seller or hand them over to a person authorized by the Seller to picked them up immediately, but not later than within 14 days from the date on which he withdrew from the Contract, unless the Seller has offered to pick up the goods himself. To meet the deadline, the return of goods is sufficient before its expiry date. The goods should be returned to the Seller’s address: Silk Epoque Olga Ziemann ul. Świerkowa 2, 83–330 Glincz (Poland).
- The Consumer bears the direct costs of returning the goods.
- If the Consumer has chosen a method of delivery other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred.
- The Consumer is responsible for reducing the value of the goods as the result of using it in a way that goes beyond what is necessary to state the nature, characteristics and functioning of the goods.
- The right to withdraw from a distance Contract is not available to the Consumerin relation to Contracts:
-for the provision of services, if the Seller has fully provided the service with the expressed consent of the Consumer who was informed before the commencement of the said service, that after the performance of the service by the Seller, he will lose the right to withdraw from the Contracts,
-in which the price or remuneration of the price depends on fluctuations on the financial market, over which the Seller does not exercise control and which may occur before the expiry of the deadline to withdraw from the Contract,
-in which the subject of the service are non-prefabricated, manufactured goods according to the Consumer’s specification or serving to satisfy his individual needs,
-in which the subject of the service are perishable goods or having a short shelf life,
-in which the subject of the service are goods delivered in sealed packaging that cannot be returned after opening the packaging due to health protection or for hygiene reasons, if the packaging has been opened after delivery,
-in which the subject of the service are goods that after delivery, due to or by their nature are inseparably connected with other goods,
-in which the subject of the service are alcoholic beverages, the price of which has been agreed at the conclusion of the sales Contract, and which may be delivered only after 30 days and the value of which depends on the fluctuations on the market over which the Seller has no control,
-in which the Consumer has clearly expressed a request that the Seller personally comes to him for the purpose of making urgent repairs or maintenance;
-if the Seller provides other additional services than those requested by the Consumer or the provision of goods is other than that of delivering additional spare parts or extra parts necessary for repair or maintenance; in such cases the Consumer is entitled to withdraw from the Contract in relation to additional services or additional goods,
in which the subject of the service are sound or visual recordings, or computer programs delivered in a sealed package, if the packaging was opened after delivery, for the delivery of newspapers, periodicals or magazines, with the exception of the Contract for subscription,
-Contracts concluded by public auction,
-for the provision of accommodation services other than for residential purposes, the transportation of goods, car rental, catering services, services related to leisure, entertainment, sports or cultural events, if the Contract indicates the day or period of service provision,
-for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the expressed consent of the Consumer before the deadline to withdraw from the Contract, and after informing him by the Seller about the loss of the right to withdraw from the Contract.
§8 Out-of-court dispute resolution
- Detailed information about out-of-court complaint handling or redressing the Consumer’s complaints, and the rules of how to gain access to these procedures are available in government official offices and on the websites of district authorities (regional authorities), on the websites of Provincial Inspectors of Trade Inspection and on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
- It is possible for the Client to use mediation. Lists of permanent mediators and existing mediation centers are communicated and made available by the Chairmen of competent District Courts. The Customer who is a consumer may also use extrajudicial means of dealing with complaints and readdress his complaint by submitting it through the EU ODR internet platform, available at: http://ec.europa.eu/consumers/odr/
§9 Personal data protection
- The Administrator of personal data is Olga Ziemann, who conducts economic business under the name of “Silk Epoque Olga Ziemann” ul. Świerkowa 2, 83–330 Glincz (Poland),NIP: 583-299-00-79, REGON: 363107917 which processes data in accordance with applicable legal provisions, in particular in accordance with the European Parliament and Council (EU) 2016/679 of 27 April 2016 on the Protection of Natural Persons in connection with the processing of personal data and on the free flow of such data and the Repealing Directive 95/46 / EC (General Data Protection Regulation), hereinafter referred to as”GDPR”.
- The data controller processes the data for the following purposes:
- The conclusion and performance of Contracts (legal basis: Article 6 (1) (b) of the GDPR),
- Fulfilling the legal obligations of the Administrator, in particular, keeping accounting records (legal basis: Article 6 (1) (c) of the GDPR),
- Establishing, investigating or defending claims that may be raised by the Administrator or which may be raised against the Administrator (legal basis: Article 6 (1) lit. f GDPR).
- The Administrator processes the data provided to him in connection with the conclusion of or performance of the Contract, in particular: name and surname, telephone number, email address, address of residence, etc.
- Providing data is necessary for the performance of the Contract and due to statutory obligations and regulations of the Administrator (in particular – tax obligations). The lack of this data prevents the conclusion and continuation of the Contract and the performance of statutory obligations of the Administrator as an entrepreneur.
- Personal data may be transferred to entities providing accounting services for the Administrator, as well as suppliers of the ordered goods selected by the Client.
- Persons whose data is processed have the following rights:
- The right to access their personal data, rectify it, delete it, as well as to limit the processing of their data, the objection of their data being processed, as well as the right to transfer their personal data,
- The right to lodge a complaint with a supervisory authority – the data subject that is processed by the Administrator has the right to lodge a complaint with the Authority Supervisory, if it considers that the processing of personal data concerning it violates the applicable provisions on the protection of personal data. The Authority Supervisory body in Poland is the Chairman of the Personal Data Protection Office.
- In order to exercise the above-mentioned rights, please contact the Data Administrator by sending an appropriate message in writing to the Administrator’s address given above, or via email to the email address: email@example.com.
- The Data Administrator stores personal data for the period necessary of the performance of obligations arising from the concluded Contract and for the purpose of determining, investigation or defense of claims that may arise in connection with the concluded business agreement or Contract. The data is stored for the duration of the legally justified period of existence of such data in the interest that is pursued by the Administrator, but not longer than for a period limited by the claims against the data subject. Data is stored for no longer than the period specified in the law constituting the basis for data processing, including limitation period tax liabilities affected by the concluded Contract.
§10 Final provisions
- Agreements concluded via the Online Store are concluded in the Polish language.
- All rights of the Online Store, including copyrights, rights to its name, its website domain, the Store’s website, as well as logos posted on the website (except for logos and photos presented on the Store’s website for the purposes of presenting the goods to which these copyrights are concerned and which belong to third parties) belong to the Seller, and the use of them may take place only in the manner specified and in accordance with the Regulations and with the consent of the Seller.
- The Seller uses a mechanism of “cookies”, which when used by Customers from the Store’s Website are saved by the Seller’s server and on the hard drive of the Customer’s end device. The use of “cookies” is used for the correct operation of the Store’s Website on the end devices of Customers. This mechanism does not destroy the Customer’s end device and does not cause changes to the Customers’ end devices or the software installed on these devices. Each client can disable the mechanism of the “cookies” in the web browser on their end devices. The Seller indicates that disabling “cookies” may, however cause difficulties or prevent the use of the Store’s Website.
- The Seller reserves the right to amend these Regulations for important reasons, in particular: in the event of a change in existing legal regulations, the obligation to comply with the decisions of the entitled public authorities, introducing new functions of the Online Store,changes to possible methods of order fulfillment (including: changes to payment methods, changes of delivery methods), ambiguities removal or errors in the Regulations, changes to the Seller’s data. The Seller will inform Customers about changes to Regulations, at least 7 days in advance before these changes will apply legally by posting relevant information on the Store’s Website, and will also send this information to the email address of Customers who have registered with the Seller’s Website or Online Store, giving the Customer the relevant information on changes to the Regulations (with the attached Regulations in the new wording in pdf format). There will be no changes to the Regulations that would have an impact on the orders which are already placed and carried out, and which are covered by the Regulations in force at the time the order was placed.