TERMS & CONDITIONS OF ONLINE STORE HOLLIE WARSAW

INTRODUCTION

The Online Store available at www.hollie.pl and www.holliewarsaw.com, provided by Dominika Bizon conducting business under the name Hollie Dominika Bizon with its registered office in Warsaw (02-313) at ul. Sękocińska 13 No. 10, REGON 365427922, NIP 6762280107. Quick and efficient contact is ensured via telephone at: (0) 609 294 479, and e-mail at: contact@hollie.pl.

These Terms & Condition specify the types and scope of services provided electronically via the Store, including the concluding and performance of sale contracts and the rights and obligations of the Customer and the Seller.

DEFINITIONS

 

  1. Administrator of Personal Data – Dominika Bizon, conducting business under the name Hollie Dominika Bizon with its registered office in Warsaw at ul. Sękocińska 13 No. 10, 02-313 Warsaw, REGON 365427922, NIP 6762280107,

  2. Online Store / Website – the Internet platform available at www.hollie.pl and www.holliewarsaw.com (English version), which consists of graphics and software for the provision of electronic services for Users,

  3. Seller – an entity managing and running the website referred to in point II item 1,

  4. Sale agreement – a distance contract between the Client and the Seller through the Online Store, concerning the subject of Goods,

  5. Service – electronic services provided by the Seller via the Online Store,

  6. User – any natural person using the Website,

  7. Client – a natural person, legal person or an organizational unit without legal personality, which the law confers legal capacity to conclude a contract with the Seller through the Website,

  8. Consumer – a natural person making legal action with the Seller, not directly related to its business or professional activity,

  9. Goods – a product, movable item presented along with a detailed description in the Website,

  10. Newsletter – an e-mail containing commercial information, particularly about promotions, sales, new products, collections or other related activities of the Website, sent periodically by the Seller to the e-mail address specified by the User,

  11. Privacy Policy – a document which is an attachment hereto,

  12. Terms & Condition – this document,

  13. Civil Code – the Act of 23 April 1964, Civil Code. (i.e. Dz. U. of 2016, item 380, as amended),

  14. Consumer Rights Act - the Act of 30 May 2014, on consumer rights. (Dz. U. item 827, as amended).

 

GENERAL PROVISIONS

  1. Access to the Terms & Conditions may be obtained at any time by clicking the “Terms & Conditions” tab located in the website of the Online Store.

  2. The Seller agrees to provide services to the Client to the extent and under the conditions specified herein.

  3. The User agrees to comply with these Terms & Conditions and to use the Online Store in accordance with applicable law.

  4. Information about the Goods in the Online Store e.g. descriptions, prices are an invitation to enter into a sale contract within the meaning of art. 71 of the Civil Code

  5. Goods in the Online Store are specifically designated, in particular by marking their properties, prices, the material from which they are made.

 

TERMS OF USE OF ONLINE STORE

  1. The Seller allows concluding the sale of Goods online and provides other services specified in the Terms & Conditions.

  2. The commencement of the use of the Online Store requires reading and accepting the Terms & Conditions.

  3. Lack of acceptance of these Terms & Conditions prevents the conclusion of the sale agreement.

  4. Technical requirements necessary to use the Services include:

  1. having a device with access to the Internet;

  2. use of appropriate browsers, through which websites are displayed, e.g. Internet Explorer, Opera, Firefox, Chrome

  3. having an e-mail account.

  1. Using the Online Store, the Seller provides services such as:

  1. enabling the conclusion of sales contracts,

  2. sending solicited commercial information on promotions and “Goods” in the form of a Newsletter,

  3. enabling the User contact and conduct correspondence with the Seller via the contact form.

  1. The Services referred to in paragraph 7 are provided by the Seller free of charge.

  2. The Client pays fees for access to the Internet and data transmission in accordance with the tariff of their service provider.

  3. The Client is obliged to use the Online Store in a manner consistent with its purpose and refrain from any activity that could interfere with its proper functioning.

  4. The Seller shall take the necessary measures to ensure the correct and error-free operation of the Website, in particular with regard to the current technical knowledge and undertakes to remove irregularities reported by Users on a regular basis.

 

CONCLUSION OF SALES

  1. The Seller allows the purchase of Goods on the Online Store website using the following ordering procedure via the form.

  1. The sale of Goods is concluded between the Client and the Seller.

  2. The Seller accepts online orders around the clock, every day of the week. Orders placed on Saturdays and public holidays will be implemented on the first working day following the day, on which the order was placed.

  3. To place an order via the order form, the Client selects the Goods available in the Online Store, specifying the amount they intend to purchase and, if possible, indicating the characteristics (color, size) of the ordered Goods. After selecting the Goods (adding the Goods to the “cart” through the functionality available in the Online Store), the Client fills out the order form, indicating the data necessary to perform the contract by the Seller, and the method of delivery of the Goods.

  4. Until the selection of Goods has been approved with the “buy and pay” button, the Client has the ability to make changes and modifications to the Goods in the order, as well as contact details for shipment or invoice. The Client’s approval through the “buy and pay” button is tantamount to placing the an offer to conclude a sale in accordance with the content of the Client’s order and with the Terms & Conditions.

  5. After receiving the order, the Seller will send a statement of acceptance to the e-mail address specified when ordering, representing a confirmation of the order. The Sales Agreement is concluded upon the Client’s receiving the message.

  6. Confirmation of the order referred to in paragraph 5 comprises, in particular:  the amount and type of Goods ordered, the total price to be paid.

  7. If the Client is a VAT payer, they should inform the Seller by e-mail should they wish to receive a VAT invoice, and give the invoice data immediately after the purchase.

  8. The Seller reserves the right to refuse the order, if these figures are so vague as to prevent the realization of the order, in particular, preventing the proper delivery of the consignment. Before refusing, the Seller shall attempt to contact the Client in order to determine the details to the extent necessary to process the order.

  9. The sales agreement is concluded between parties according to Polish law, with contents in accordance with these Terms & Conditions and with the order placed by the customer.

  10. The sale agreement is concluded for a fixed period – until the contract has been completed (one-off provision).

 

TIME OF COMPLETION AND DELIVERY OF GOODS

  1. The Seller processes orders according to the sequence of their receipt, i.e. after the payment is in the Seller’s bank account or upon receiving information from the operator that the payment has been made by the Client correctly.

  2. Delivery is done on Polish territory as well as on UE countries. To avoid doubts the Seller’s territory of operation is Poland but the delivery is possible also in UE.

  3. Goods are shipped to the address specified by the Client when ordering. Shipment is accompanied by a receipt or invoice.

  4. The estimated delivery time is 5-7 working days, i.e. from the date of the order and payment in accordance with paragraph 1 to the date the carrier receives the Goods in order to send them to the delivery address specified by the Client.

  5. Goods are delivered by courier. The Seller choses the particular courier.

  6. The Client does not bear the costs of delivery.

  7. Upon receipt, the Client should thoroughly check the condition of the packaging and its contents. If any damage or other irregularities are found, they should draw up a protocol of damage in the presence of the courier and immediately notify the Seller, i.e. no later than 3 days from the date of preparing the protocol.

 

PRICES AND METHODS OF PAYMENT

  1. Information on the purchase price of the Goods given on the Store’s website is binding from the moment of receipt of the acknowledgment of the Client’s purchase order for the selected goods.

  2. All prices quoted on the Online Store are given in Polish zloty (PLN)and in English (language) version in EURO. At any cases the prices are gross prices containing VAT.

  3. The Seller provides for the following methods of payment: 

  • bank transfer to the Seller’s bank account  (so called “manual payment”) : PL88 1950 0001 2006 0000 5154 0002. The bank account number is also indicated in the confirmation sent to the Client’s e-mail address in accordance with paragraph V.6 of these Terms & Conditions;

  • credit card.

  1. The Seller reserves the right to change the prices of Goods, introduce new products, and cancel promotions at the Online Store, or make changes in accordance with the standards of the Civil Code and other laws; however, such amendments shall not affect the rights of persons who have entered into sale agreements for the Goods offered by the Online Store prior to said changes, or the rights of persons entitled to benefit from the promotion, in accordance with its principles and its duration.

  2. The Seller has the right to update the price and to cover selected Goods with promotions or special sales.  This entitlement does not affect orders placed by Clients prior to said activity.

  3. The Client is obliged to pay for the Goods within 5 days from the date of the contract, i.e. receiving the confirmation e-mail, in accordance with paragraph V.6. In the case of non-payment within the specified deadline, the sales contract is terminated. To purchase a product, it is necessary to re-submit the order in accordance with the provisions herein.

 

PRODUCT COMPLAINTS

 

  1. The Seller delivers the Goods free from defects.

  2. The Seller shall be responsible for the physical and legal defects of the Goods pursuant to the terms of the provisions of the Civil Code, art. 556 et seq.

  3. The Seller shall be liable under the warranty if the defect is found before the natural expiration of two years from the date of the Goods.

  4. The Consumer reports a complaint through:

  1. the Seller’s e-mail i.e. contact@hollie.pl,

  2. contact form provided on the Website,

  3. by mail to the following address:  Hollie Dominika Bizon, ul. Sękocińska 13/10, 02-313 Warsaw.

  1. The complaint should include: the name of the Client, mailing address, e-mail address, telephone number; date and circumstances of the defect and a description of the request. 

  2. The warranty allows the Client to the following claims:

  1. repair of the Goods,

  2. replacing the Goods with ones free from defects;

  3. reducing the price of the Goods;

  4. withdraw from Purchase.

  1. Withdrawal from Purchase is possible only when the defect of the Goods is important, and the Seller fails to replace the defective Goods with ones free from defects promptly and without undue inconvenience to the Client, or to remove the defect.

  2. Along with the complaint reported by letter or following notification by electronic means in accordance with Section VIII.4, the Client is obliged to send the defective product to the address of the Seller.

  3. The seller shall reply to the Client’s complaint within 14 calendar days of its receipt, together with the Goods concerned.

  4. The above rights of the warranty do not exclude the Client’s possibility of claiming their rights in accordance with applicable regulations.

  5. The Consumer has the right to use extrajudicial means of dealing with complaints and redress.

  6. Access to non-judicial dispute resolution procedures are provided e.g. by permanent consumer arbitration courts operating within the structures of the Trade Inspection. The consumer may request legal assistance from the Municipal/District Consumer Ombudsman, the Office of Competition and Consumer Protection, and other consumer organizations, such as the Consumer Federation, Association of Polish Consumers and the European Consumer Centre, under the terms in force in these organizations. In addition, the Consumer has an additional opportunity to use extra-judicial way of redress by lodging a complaint via the EU's Internet platform ODR, available at: http://ec.europa.eu/consumers/odr/ – the e-mail address of the Store is: contact@hollie.pl.

 

 

WARRANTY

  1. The Seller warrants the Goods within 24 months from the date of delivering the Goods to the Client.

  2. The Seller undertakes to remove physical defects free of charge, if defects become apparent within 24 months from the date of issue or delivery of defect-free Goods.

  3. Liability under the warranty only covers defects resulting from causes inherent in the Goods.

  4. The is obliged to report the defect of the Goods immediately upon discovery, i.e. at the latest within 3 days.

  5. The Client reports a guarantee in accordance with paragraph VIII. 4 and 5 herein.

  6. The Seller agrees to perform the obligations under this warranty within 21 days from the date of delivery of the Goods.

  7. The warranty does not cover:

  1. mechanical damage caused by the Client,

  2. damage and defects resulting from the use and storage of the Goods inconsistent with the rules of use of the Goods, available on the Website in the “Care” tab

  3. repairs made by the Client on their own.

  1. The warranty does not affect the Clients’ rights resulting from non-conformity of the Goods.

 

WITHDRAWAL FROM PURCHASE

 

  1. The Consumer has the right to withdraw from the purchase for any reason, on the terms described below.

  2. The Consumer has the right to withdraw from Purchase within 14 days of taking possession of the Goods by the Client or a third party appointed by them, other than the carrier.

  3. The consumer may cancel the contract by submitting a clear and unambiguous statement in this regard. They can either use the form annexed to the Terms & Conditions No. 2 (not mandatory) or formulate a statement independently and send it by e-mail to contact@hollie.pl or by mail to the address of the Seller.

  4. The Seller shall promptly send the Consumer a confirmation of receipt of the statement of withdrawal from the Purchase, by sending them an appropriate e-mail.

  5. For the deadline set out in paragraph 2 to be met, it is enough to send a statement of withdrawal from the purchase before its expiry.

  6. As a result of withdrawal from the Purchase by the Consumer, the agreement expires.

  7. The Seller shall return the Consumer all payments they had made no later than 14 days from the date of receipt of the Consumer’s declaration to withdraw from the contract, including the costs of delivery of goods, if they were borne.

  8. The Seller shall refund the payments using the same method of payment, which was used by the Consumer, unless the Consumer has expressly agreed otherwise. In the event of having to return the funds for the transaction made by the Consumer using the credit card, the Seller shall make a refund to the bank account assigned to the Consumer's payment card.

  9. The Consumer is required to return the Goods to the Seller immediately, but not later than 14 days from the date of withdrawal from the agreement. Goods must be delivered to the address of the Seller.

  10. The goods sent back should be adequately protected for shipping, so as to avoid damage during transport.  The Goods should returned together with proof of purchase (i.e., receipt or invoice) and other accessories, if they were shipped, e.g. an anti-dust sack, bills, instructions, etc.

  11. The costs associated with the return of the Goods (direct costs incurred by the Consumer for the delivery of Goods to the Seller, shipping, packaging) shall be borne by the Consumer.

  12. The Consumer is responsible for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

  13. The Seller has the right to withhold the refund of the payments received from the Consumer until the receipt of the Goods or the Consumer delivering evidence of shipment, depending on which occurs first.

 

 

NEWSLETTER

 

  1. The user can subscribe to a Newsletter by entering their email address on the form provided by the Seller in the Online Store. 

  2. The contract for the provision of Newsletter services is concluded for an indefinite period upon providing their e-mail address for this purpose.

  3. The User may opt out of the Newsletter Service at any time. Resignation is made by the User by clicking on the deactivation link in the footer of each Newsletter sent. The Seller shall notify the User of each completion of the deactivation process.

  4. The Seller reserves the right to:

    1. Sending through the Newsletter advertising and commercial information within the meaning of the Act of 18 July 2002 on electronic services (Dz. U. No. 144, item 1204 of 2002);

    2. Temporary cessation of the Newsletter service for technical reasons;

    3. Discontinuing the Newsletter service upon noticing the Users.

 

  1. PERSONAL DATA

  1. The Store shall take all possible and legally required technical and organizational measures to protect the Clients’ personal information, in particular to prevent acquisition and modification of the data provided during registration by unauthorized persons.

  2. For detailed information regarding the protection of personal data, please refer to the Privacy Policy attached as Annex 1.


 

 

FINAL PROVISIONS

  1. All content posted on the Online Store (including graphics, text, page layout, logos, photos) are subject to copyright protection and are the sole property of the Seller. The use of such content without the written consent of the Seller results in civil and criminal liability.

  2. All comments and complaints concerning the operation of the Website may be directed by email to the following address: contact@hollie.pl. The Seller shall provide feedback within 14 days via e-mail.

  3. In all matters not covered herein, relevant Polish laws shall apply, including the Civil Code and the law on consumer rights.

  4. The Seller reserves the right to change these Terms and Conditions. The changes may not violate the rights of Clients under orders placed before implementing the change. Amendments to the Terms & Conditions enter into force within 14 days of their publication on the Online Store.

  5. The Parties undertake to amicably resolve any disputes in connection with the Services provided by the Seller.

  6. In the absence of an amicable solution, all disputes arising from the Sale agreements will be addressed by a competent court according to the proper regulations.

  7. These Terms and Conditions have also been presented at the Website in English language version. In case of any discrepancies between Polish and English language version, the Polish language version shall prevail.

  8. Annexes to the Terms & Conditions are an integral part thereof.

 

 

1. Privacy Policy

2. Template for withdrawal from purchase