TERMS AND CONDITIONS OF CALIZIA ONLINE STORE
1. GENERAL TERMS AND CONDITIONS
2. ONLINE SERVICES IN ONLINE STORE
3. TERMS AND CONDITIONS OF CONTRACTING
4. GIFT CARDS POLICY
5. METHODS OF PAYMENT
6. COST, TIME AND TYPE OF DELIVERY
8. RIGHT TO RETURN / RIGHT TO WITHDRAW
9. RIGHT TO EXCHANGE
10. BUSINESS CUSTOMERS
1. GENERAL TERMS AND CONDITIONS
1.1. The Online Store available on the Web at: www.calizia.pl is operated by Milia Concept Adam Kalisiak, a Polish business activity with its office registered in Warsaw (registration and contact address: ul. Ordona 12a/60, 01-237 Warszawa, Poland); tax identification No. NIP: 701-005-38-00; statistical No. REGON: 141821220; e-mail address: email@example.com.
1.2. All products offered in the Online Store are brand-new, created on User’s demand, free from physical and legal defects, legally placed on the Polish market.
1.3. Contact with the Online Store is possible 24/7, qualified that the Client Service Department operates from Monday till Friday during office hours 10.00-17.00, at e-mail address: firstname.lastname@example.org.
1.4. These Terms and Conditions are addressed both to consumers and businesses using the Online Store (except Section 11, which is directed solely to business customers). The provisions set out in these Terms and Conditions are not intended to exclude or limit any of the consumer rights they otherwise have under the peremptory provisions of law, and any doubts that may arise will be resolved in favor of the consumer. In the event of any discrepancy between these Terms and Conditions and the laws and regulations, the latter shall prevail.
1.6.1. WORKING DAY – one day between Monday and Friday, except public and bank holidays.
1.6.2. REGISTRATION FORM – a form available in the Online Store to create an Account.
1.6.3. ORDER FORM – an Online Service; an interactive form available in the Online Store to place an Order, specifically by accepting the Merchandise placed in the “Basket” bookmark and specifying the conditions of the Sale Contract, including, but not limited to, the type of delivery and payment.
1.6.4. CUSTOMER – a User who intends to contract or has already contracted with the Seller.
1.6.5. POLISH CIVIL CODE – the Polish Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
1.6.6. MY ACCOUNT – an Online Service; a set of resources in the computer system of the Service Provider identified by a unique User-defined name (login) and password, comprising User data, including information on the Orders placed.
1.6.7. NEWSLETTER – an Online Service; an online distribution service rendered by the Service Provider via e-mail which enables all Users who have signed in to automatically receive each subsequent issue of the newsletter featuring information about the Merchandise to be found in the Online Store.
1.6.8. MERCHANDISE – any movable asset available in the Online Store which is contracted for under a Sale Contract between the Customer and the Seller.
1.6.9. TERMS AND CONDITIONS – these Online Store Terms and Conditions.
1.6.10. ONLINE STORE – the Online Store of the Service Provider available on the Web at: www.caliziastore.com.
1.6.11. SELLER, SERVICE PROVIDER – Milia Concept Adam Kalisiak, a Polish business activity with its office registered in Warsaw (registration and contact address: ul. Ordona 12a/60, 01-237 Warszawa, Poland); tax identification No. NIP: 701-005-38-00; statistical No. REGON: 141821220; e-mail address: email@example.com.
1.6.12. SALE CONTRACT – a sale contract for Merchandise to be executed between the Customer and the Seller through the Online Store.
1.6.13. ONLINE SERVICES – certain services rendered online by the Service Provider to the User through the Online Store.
1.6.14. USER – any natural person fully capable of entering into legal transactions, and under circumstances provided for by the generally applicable laws, also any natural person with a limited capacity to enter into legal transactions; or a corporate entity or an unincorporated entity with legal capacity conferred by statute who uses the Online Services.
2. ONLINE SERVICES IN ONLINE STORE
2.1. The following Online Services are available in the Online Store: My Account; Order Form and Newsletter.
2.1.1. My Account: one may start using an Account after completing all the three steps in sequence as follows: (1) fill in the Registration Form; (2) click the “Register” button; and (3) confirm Terms and Conditions. The following User information is required to be typed in the Registration Form: e-mail address, password, name and surname / company name, address (street, number, flat/apartment, postal code, town/city, country) and telephone number.
2.1.2. Order Form: one may start to use the Order Form upon confirming “Place an Order” of the first item of Merchandise in the “Basket” bookmark. Your Order is placed after you have completed the following 3 steps in sequence: (1) fill in the Order Form; (2) confirm Terms and Conditions and (3) click “Buy now”. The following information is required to be typed in the Order Form: e-mail address, name/business name; address (street, number, flat/apartment, postal code, town/city, country), contact phone (if the User remains not logged in). For Users not being consumers it is necessary to provide also the business name and tax identification number. While placing an order the User is obliged to choose also: the type of Product, size, a unique block of Graphics, initials (optional). The Order Form is designed for single uses and each such use is considered finished once the Order is placed by using the Form.
2.1.3. Newsletter: you start using the Newsletter after completing all the following 3 steps in sequence: (1) type the e-mail address you wish to have each subsequent Newsletter sent to in the “newsletter” field provided on the Online Store website; (2) acceptance by clicking “OK”; and (3) confirm your intention to sign in for the Newsletter by clicking the confirmation link sent to the e-mail address you have submitted.
2.2. The User can use the Online Services free of charge.
2.3. My Account and Newsletter in the Online Store are provided for an indefinite term.
2.4. Technical requirements necessary to support the computer system used by the Service Provider:
2.4.1. An Internet enabled multimedia device.
2.4.2. Access to an e-mail account.
2.4.3. Web browser: Mozilla Firefox 16.0 or higher; or Internet Explorer 9.0 or higher; Opera 15.0 and higher; or Google Chrome 21.0.0 or higher.
2.4.4. The recommended minimum screen resolution: 1280x720.
2.5. The User is obliged to use the Online Store in compliance with the law and good practice and with due respect to the personal interests and intellectual property rights of any third parties.
2.6. The User is obliged to enter true and accurate information.
2.7. The User is prohibited from submitting any unlawful content.
3. TERMS AND CONDITIONS OF CONTRACTING
3.1. Any notices, advertisements, price lists or other information about the Merchandise provided on the web pages of the Online Store, especially the descriptions, technical and performance specifications and prices, are invitation to contract as defined in Art. 71 of the Polish Civil Code.
3.2. The prices of our Merchandise displayed on the Online Store website are quoted in Polish zloty (PLN). Under all circumstances regarding the territory of Poland the prices are inclusive of all components such as VAT and delivery costs, as applicable. Outside the territory of Poland prices do not include customs duties and delivery costs.
3.3. The price shown on the Online Store website for an item of Merchandise is valid and binding at the time of placing an Order by the Customer. That price will not change regardless of any changes in prices in the Online Store that may occur with respect to particular items of Merchandise after the Customer has placed his/her Order.
3.4. Contracting through the Order Form.
3.4.1. To execute a Sale Contract, the Customer is required to place an Order first.
3.4.2. The Seller immediately acknowledges an Order upon its placement, whereby the Customer becomes bound by his/her Order, and the Seller accepts it. The Order is acknowledged and accepted by sending an appropriate e-mail to the Customer’s e-mail address provided during the Order placement process. Such an e-mail contains at least the confirmation of all essential details of the Order and the Seller's acknowledgement of receipt and acceptance of the Order. A Sale Contract is made between the Customer and the Seller the moment the Customer receives the e-mail as aforesaid.
3.4.3. After an Order is placed, the User is obliged to settle a payment on the Seller’s bank account according to payment methods indicated in Section 5 of these Terms and Conditions.
3.4.4. In the event of no payment registered during 5 days after placing an Order, the transaction is considered as invalid with its automatic cancellation.
3.5. The tenor of the Sale Contract executed is recorded, preserved and distributed to the Customer by (1) publishing these Terms and Conditions on the Online Store website; and (2) sending a confirmation e-mail to the Customer, as described in subpar. 3.4.2.; as well as by (3) enclosing a proof of purchase and specifications of the Sale Contract made with the shipment. The tenor of the Sale Contract is also recorded and preserved in the computer system of the Seller’s Online Store.
4. GIFT CARDS POLICY
4.1. Gift card is valid for 3 months, starting from the date of its purchase. During this period the User may realize the gift card in the Online Store. After a 3-month period, the gift card expires.
4.2. The Product value may not be lower than indicated on the gift card. Differences between the higher gift card value and cheaper Product purchased is not to be refunded.
4.3. Gift card may be used only while placing an Order being equal or higher than the gift card value. In the event of Order amount being higher than the gift card value, the difference in payment is to be settled by User when placing an Order.
4.4. Gift card is not refundable.
5. METHODS OF PAYMENT
5.1. The Seller offers the following methods of payment:
5.1.1. Bank transfer to the bank account of the Seller (Idea Bank, account number: 43 1950 0001 2006 0840 2437 0002).
5.1.2. Electronic payments and payments by payment card through PayPal.com – the methods of payment currently available are specified in the “Payment Methods” tab on the Online Store website and at http://www.paypal.com.
5.1.3. Transfer title must include Order number.
5.2. Electronic payment and payment card transactions, as selected at the Customer’s discretion, are processed through PayPal.com.
5.3. Electronic payments and payments by payment card are processed by PayPal.com – PayPal (Europe) S.à r.l. et Cie, S.C.A. (R.C.S. Luxembourg B 118 349).
6. COST, TIME AND TYPE OF DELIVERY
6.1. The Seller provides the Merchandise delivery by courier service and personal collection in Paczkomaty InPost.
6.2. The Online Store realizes Orders around the world.
6.3. The cost of delivery on the territory of Poland is to be born by the Seller.
6.4. The cost of delivery outside the territory of Poland is to be born by the Client according to the information given on the www.calizia.pl online store during the process of placing an Order and adding the Product to the basket.
6.5. Unless a shorter time is stated during the Order placement process, the delivery time for Merchandise is up to 14 Working Days. The delivery time is to be counted starting from the date of crediting the bank account or settling account of the Seller.
7.1. Complaints of non-conformity:
7.1.1. The legal basis for and the scope of the Seller’s liability to the Customer who is a natural person buying Merchandise for non-professional and non-business purposes, for non-conformity of the Merchandise with the Sale Contract, are specifically provided in the Act on Specific Terms and Conditions of Consumer Sale and Amending the Civil Code of 27 July 2002 (Journal of Laws No. 141, item 1176, as amended).
7.1.2. Any notices of non-conformity and related requests can be made via e-mail to: firstname.lastname@example.org or in writing addressed to: ul. Ordona 12a/60, 01-237 Warszawa, Poland.
7.1.3. The Seller is obliged to deliver to its Consumers only flawless and brand new Products.
7.1.4. Full complaint request should include: the Merchandise, evidence of purchase, completed and signed complaint form, which together must be delivered to the above address if feasible or necessary to assess its non-conformity with the Contract. The complaint form is available at “Return policy” bookmark and on User’s demand via e-mail address: email@example.com.
7.1.5. The cost of returning the Product is to be carried by the Consumer. If the Product is to be returned and re-shipped again to the Consumer, then the cost of delivery will be carried according to Section 6 of these Terms and Conditions.
7.1.6. The Seller shall respond to the Customer’s request immediately, however, no later than within 14 days. Unless otherwise indicated by the Customer, the reply to a complaint will be sent to the address provided by the Customer.
7.2. Complaints with respect to the provision of Online Services by the Service Provider and other complaints on the operation of the Online Store:
7.2.1. The User may lodge a complaint with respect to the provision of Online Services through the Online Store or any other complaint on the operation of the Online Store via e-mail to: firstname.lastname@example.org or in writing addressed to: ul. Ordona 12a/60, 01-237 Warszawa, Poland.
7.2.2. Providing as many details as possible in the complaint, including, but not limited to, the type and date of occurrence of irregularities and the contact information, is recommended to facilitate and accelerate the complaint review process by the Service Provider.
7.2.3. Any complaints shall be reviewed by the Service Provider immediately, however, no later than within 14 days.
7.2.4. Unless otherwise indicated by the User, the Service Provider’s reply to a complaint will be sent to the address provided by the User.
8. RIGHT TO RETURN
8.1. The User/Customer being the consumer who has executed a remote contract may withdraw from such a contract without reason by submitting a relevant notice in writing within 100 days. For the above time limit to be considered observed, it is sufficient to send notice before it expires. Such a notice may be sent by mail to the following address: ul. Ordona 12a/60, 01-237 Warsaw, Poland.
8.2. If the contract is withdrawn from, it is considered not executed and the consumer is released from any obligations thereunder. The parties’ mutual consideration must be returned in non-altered condition, unless and to the extent any such alteration was necessary for normal handling. Such a return should be effected without delay, however, no later than within 14 days. If the consumer has made any advance payments, they should be returned by the Seller.
8.3. If the contract is withdrawn from, the Consumer is obliged to return the Product to the Seller together with receipt and filled in return form. The return form is available at “Return policy” bookmark and on User’s demand via e-mail address: email@example.com.
8.4. The cost of returning the Product is to be carried by the Consumer. If the contract is withdrawn from, the Service Provider/Seller shall transfer this cost back to the bank account designated by the consumer.
8.5. Unless otherwise instructed by the consumer, the Service Provider/Seller shall transfer the money back to the bank account designated by the consumer.
8.6. The 100-day time limit that the consumer has to withdraw from the contract shall commence, for the Sale Contract, on the date the Merchandise is issued or, for the contract for Online Services, on the date of contracting.
9. RIGHT TO EXCHANGE
9.1. The Customer has the option to exchange the Merchandise for any other Merchandise available in the Online Store within 100 days of receipt of the Merchandise without a reason. For the above time limit to be considered observed, it is sufficient to send notice before it expires. Such a notice can be sent by mail to the following address: ul. Ordona 12a/60, 01-237 Warszawa, Poland, or via e-mail to: firstname.lastname@example.org.
9.2. Exchange for other Merchandise with the characteristics as defined by the Customer is possible subject to availability in the Online Store. If there is a discrepancy between the price of the Merchandise returned for exchange and that of the Merchandise exchanged for it, the difference will be charged or credited to the Customer accordingly. Merchandise returned for exchange as aforesaid should be in new condition, which has not been altered, damaged and should be sent in original packaging. The Customer is requested to return the Merchandise to the following address: ul. Ordona 12a/60, 01-237 Warszawa, Poland.
9.3. Full exchange request should include: the Merchandise, evidence of purchase, completed and signed exchange form, which together must be delivered to the above address if feasible or necessary to assess its non-conformity with the Contract. The exchange form is available at “Return policy” bookmark and on User’s demand via e-mail address: email@example.com.
9.4. An exchange shall be reviewed by the Service Provider immediately, however, no later than within 14 days.
9.5. The costs of sending back the Merchandise to the Seller will be born by the Customer. The costs of shipping the new Merchandise to the Customer will be born by the Seller. The Seller commits itself to exchange the Merchandise without delay, however, no later than within 10 Working Days of receipt of the Merchandise for exchange by the Seller.
10. BUSINESS CUSTOMERS
10.1. This section of the Terms and Conditions and the provisions contained hereinafter apply only to those Customers who are not consumers.
10.2. For Customers not being consumers, the Seller preserves the methods of payment in Section 5 of these Terms and Conditions.
10.3. Delivery time from Section 6 of these Terms and Conditions may be modified if the Order volume is non-standard. Costs and types of delivery remain unchanged.
10.4. Merchandise being sold under the Sale Contract executed with the non-consumer Customer shall remain the property of the Seller until the price and costs of delivery under the Sale Contract are fully paid.
10.5. The benefits and burdens associated with the asset and the risk of its accidental loss or damage pass to the non-consumer Customer upon issue of Merchandise by the Seller to the carrier. In such a case, the Seller will not be liable for any total or partial loss of or damage to the Merchandise which may occur between its acceptance for shipment and delivery to the Customer, or for any delay in shipment.
10.6. If Merchandise is shipped to the Customer via courier, the non-consumer Customer is obliged to inspect the shipment within the time and in a manner established for the type of shipment. If the Customer finds that any portion of the Merchandise has been lost or damaged in transit, the Customer must take any and all steps as necessary to determine the carrier’s liability.
10.7. The liability of the Service Provider/Seller to the User/Customer not being a consumer, irrespective of the legal basis, is limited and capped in respect of both any one claim and all claims in aggregate to the sum of the price paid and the costs of delivery under the Sale Contract. The Service Provider/Seller is liable to the non-consumer User/Customer only for typical damage, foreseeable at the time of contacting, and may not be held liable by the non-consumer User/Customer for any loss of benefits.
11.1. Contracts made through the Online Store are executed under the laws of Poland and in the Polish language.
11.2. Amendment to these Terms and Conditions:
11.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons such as change of law, change to the methods of payment and delivery, changes to the scope, charges or form of the Online Services being provided, or change of the Seller’s address, to the extent that such changes affect the operation of these Terms and Conditions.
11.2.2. Amended Terms and Conditions are binding on the User if the requirements set forth in Art. 384 of the Polish Civil Code have been satisfied, that is the User has been duly notified of such amendments and has not withdrawn from the contract for continuous Online Services within 14 days of notice.
11.2.3. Any amendments to these Terms and Conditions will not in any way infringe the rights acquired by Users being consumers and using the Online Store before the effective date of such amendments, and specifically, such amendments will not affect any Orders being just placed or already placed, or any Sales Contracts executed, handled or completed.
11.2.4. Should any amendment to these Terms and Conditions result in any charges being introduced or raised, the User being a consumer is entitled to withdraw from the contract.
11.3. The following laws and regulations apply in matters not specifically provided for herein: the Polish Civil Code; the Online Services Act of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended); the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by Hazardous Products of 2 March 2000 (Journal of Laws No. 22, item 271, as amended); the Act on Specific Terms and Conditions of Consumer Sale and Amending the Civil Code of 27 July 2002 (Journal of Laws No. 141, item 1176, as amended) and other relevant laws of Poland.
11.4. Any disputes that may arise between the Service Provider/Seller and the User/Customer being a consumer will be referred to the competent common courts of law. Any disputes that may arise between the Service Provider/Seller and the User/Customer not being a consumer will be referred to the court of competent jurisdiction over the registered office of the Service Provider/Seller.